Text: HF00510 Text: HF00512 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 717.1, Code 1999, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 0A. "Animal" means the same as defined in 1 4 section 717A.1. 1 5 NEW SUBSECTION. 1A. "Licensed mental health counselor" 1 6 means a person licensed to practice mental health counseling 1 7 under chapters 147 and 154D. 1 8 NEW SUBSECTION. 7. "Warden" means animal warden as 1 9 defined in section 162.2. 1 10 Sec. 2. Section 717.1A, unnumbered paragraph 1, Code 1999, 1 11 is amended to read as follows: 1 12 A person is guilty of livestock abuse if the person 1 13 intentionally injures, maims, disfigures, or destroys 1 14 livestockowned by another person, in any manner, including,1 15but not limited to, intentionally doing any of the following:1 16administering drugs or poisons to the livestock, or disabling1 17the livestock by using a firearm or trapby any means that 1 18 causes pain or suffering in a manner inconsistent with 1 19 customary animal husbandry practices.A person guilty of1 20livestock abuse commits an aggravated misdemeanor.This 1 21 section shall not apply to any of the following: 1 22 Sec. 3. Section 717.1A, subsection 1, Code 1999, is 1 23 amended by striking the subsection. 1 24 Sec. 4. Section 717.2, subsection 1, paragraph c, Code 1 25 1999, is amended by striking the paragraph. 1 26 Sec. 5. Section 717.2, subsection 2, Code 1999, is amended 1 27 by striking the subsection. 1 28 Sec. 6. NEW SECTION. 717.3 REPORTING REQUIRED. 1 29 1. A person shall immediately report an incident involving 1 30 a violation of section 717B.2 or 717B.3 to a law enforcement 1 31 officer, if all of the following apply: 1 32 a. The person is any of the following: 1 33 (1) A warden. 1 34 (2) A veterinarian licensed pursuant to chapter 169. 1 35 (3) An employee of the department of agriculture and land 2 1 stewardship who regularly inspects the premises of 2 2 agricultural operations. 2 3 (4) An employee of the division of child and family 2 4 services of the department of human services or a person who 2 5 provides child welfare services as provided in section 235.1. 2 6 b. The person witnesses or has other credible evidence of 2 7 any of the following: 2 8 (1) A violation of section 717B.2 or 717B.3. 2 9 (2) Conditions or incidents that have caused livestock 2 10 prolonged suffering in a manner inconsistent with customary 2 11 animal husbandry practices. 2 12 2. If there is reasonable grounds to believe that there is 2 13 a violation of section 717B.2 or 717B.3, a law enforcement 2 14 officer shall conduct an investigation and report any 2 15 violation to the county attorney. 2 16 Sec. 7. NEW SECTION. 717.4 PENALTIES. 2 17 1. a. Any person who commits livestock abuse as provided 2 18 in section 717.1A, is guilty of a class "D" felony. 2 19 b. The following penalties shall apply to any person who 2 20 commits livestock neglect as provided in section 717.2: 2 21 (1) Except as provided in subparagraph (2), a person who 2 22 negligently or intentionally commits livestock neglect is 2 23 guilty of a simple misdemeanor. 2 24 (2) A person who intentionally commits the offense of 2 25 livestock neglect which results in serious injury to or the 2 26 death of livestock is guilty of an aggravated misdemeanor for 2 27 the first offense and a class "D" felony for the second and 2 28 subsequent offenses. A person is not guilty of more than one 2 29 offense of livestock neglect, punishable as provided in this 2 30 subparagraph, when care or sustenance is not provided to 2 31 multiple head of livestock during any period of uninterrupted 2 32 neglect. 2 33 2. If a person is guilty of a class "D" felony as provided 2 34 in this section, the sentencing order shall provide for all of 2 35 the following: 3 1 a. The person shall participate in counseling according to 3 2 the terms ordered by the court. The counseling shall be 3 3 provided by a licensed mental health counselor appointed or 3 4 approved by the court. The costs of counseling shall be paid 3 5 by the person and may be taxed as court costs. If the court 3 6 determines that the person is unable to make payment, the 3 7 court may order that the costs be paid in full or in part from 3 8 the county treasury. 3 9 b. The person shall not own, keep, or care for livestock 3 10 or any animal for a suspensory period as provided in this 3 11 paragraph. The suspensory period shall be for not less than 3 12 five years and not more than ten years as ordered by the 3 13 court. If the person is not incarcerated, the suspensory 3 14 period shall begin on the date of sentencing. If the person 3 15 is incarcerated, the suspensory period shall begin on the date 3 16 that the person's incarceration ends. A person who violates a 3 17 suspensory period condition is guilty of a serious 3 18 misdemeanor. 3 19 c. The person shall pay reasonable costs of the 3 20 investigation and prosecution of the case as ordered by the 3 21 court. The person shall also pay expenses incurred in 3 22 maintaining the livestock as ordered by the court, unless the 3 23 expenses have been paid pursuant to section 717.5. 3 24 Sec. 8. NEW SECTION. 717.6 FORFEITURE. 3 25 If a person is guilty of a class "D" felony as provided in 3 26 section 717.4, all livestock or any animal owned by the person 3 27 shall be forfeited to the state, to the extent that the 3 28 livestock or animal has not been disposed of as provided in 3 29 section 717.5 or 717B.5. The livestock or any animal shall be 3 30 seized and forfeited in the same manner as provided in chapter 3 31 809A. Livestock or animals which are destroyed shall be 3 32 destroyed only by a humane method, including euthanasia as 3 33 defined in section 162.2. 3 34 Sec. 9. Section 717B.1, Code 1999, is amended by adding 3 35 the following new subsections: 4 1 NEW SUBSECTION. 3A. "Licensed mental health counselor" 4 2 means a person licensed to practice mental health counseling 4 3 under chapters 147 and 154D. 4 4 NEW SUBSECTION. 3B. "Livestock" means the same as defined 4 5 in section 717.1. 4 6 NEW SUBSECTION. 6. "Warden" means the same as animal 4 7 warden as defined in section 162.2. 4 8 Sec. 10. Section 717B.2, unnumbered paragraph 1, Code 4 9 1999, is amended to read as follows: 4 10 A person is guilty of animal abuse if the person 4 11 intentionally injures, maims, disfigures, or destroys an 4 12 animalowned by another personby any means, inanya manner,4 13including intentionally poisoning the animalinconsistent with 4 14 customary animal husbandry practices.A person guilty of4 15animal abuse is guilty of an aggravated misdemeanor.This 4 16 section shall not apply to any of the following: 4 17 Sec. 11. Section 717B.2, subsection 1, Code 1999, is 4 18 amended by striking the subsection. 4 19 Sec. 12. Section 717B.3, subsection 1, Code 1999, is 4 20 amended to read as follows: 4 21 1. A person who impounds or confines, in any place, an 4 22 animal is guilty of animal neglect, if the person does any of 4 23 the following: fails to supply the animal during confinement 4 24 with a sufficient quantity of food or water; fails to provide 4 25 a confined dog or cat with adequate shelter; ortortures,4 26 deprivesofthe animal necessary sustenance, mutilates, beats,4 27or kills an animal by any means which causes unjustified pain,4 28distress, or suffering. 4 29 Sec. 13. Section 717B.3, subsection 3, Code 1999, is 4 30 amended by striking the subsection. 4 31 Sec. 14. NEW SECTION. 717B.3A REPORTING REQUIRED. 4 32 1. A person shall immediately report an incident or 4 33 condition involving a violation of section 717B.2 or 717B.3 to 4 34 a law enforcement officer, if all of the following apply: 4 35 a. The person is any of the following: 5 1 (1) A warden. 5 2 (2) A veterinarian licensed pursuant to chapter 169. 5 3 (3) An employee of the department of agriculture and land 5 4 stewardship who regularly inspects commercial establishments 5 5 as provided in chapter 162. 5 6 (4) An employee of the division of child and family 5 7 services of the department of human services or a person who 5 8 provides child welfare services as provided in section 235.1. 5 9 b. The person witnesses or has other credible evidence of 5 10 any of the following: 5 11 (1) A violation of section 717B.2 or 717B.3. 5 12 (2) Conditions or incidents that have caused animals 5 13 prolonged suffering. 5 14 2. If there is reasonable grounds to believe that there is 5 15 a violation of this section, a law enforcement officer shall 5 16 conduct an investigation and report any violation to the 5 17 county attorney. 5 18 Sec. 15. NEW SECTION. 717B.4A PENALTIES. 5 19 1. a. Any person who commits animal abuse as provided in 5 20 section 717B.2 is guilty of a class "D" felony. 5 21 b. The following penalties shall apply to any person who 5 22 commits animal neglect as provided in section 717B.3: 5 23 (1) Except as provided in subparagraph (2) a person who 5 24 negligently or intentionally commits animal neglect is guilty 5 25 of a simple misdemeanor. 5 26 (2) A person who intentionally commits animal neglect 5 27 which results in serious injury to or the death of an animal 5 28 is guilty of an aggravated misdemeanor for the first offense 5 29 and a class "D" felony for the second and subsequent offenses. 5 30 2. If a person is guilty of an aggravated misdemeanor or 5 31 class "D" felony, as provided in this section, the sentencing 5 32 order shall provide for all of the following: 5 33 a. The person shall participate in counseling according to 5 34 the terms ordered by the court. The counseling shall be 5 35 provided by a licensed mental health counselor appointed or 6 1 approved by the court. The costs of counseling shall be paid 6 2 by the person and may be taxed as court costs. If the court 6 3 determines that the person is unable to make payment, the 6 4 court may order that the costs be paid in full or in part from 6 5 the county treasury. 6 6 b. The person shall not own, keep, or care for an animal 6 7 or any livestock for a suspensory period as provided in this 6 8 paragraph. The suspensory period shall be for not less than 6 9 five years and not more than ten years as ordered by the 6 10 court. If the person is not incarcerated, the suspensory 6 11 period shall begin on the date of sentencing. If the person 6 12 is incarcerated, the suspensory period shall begin on the date 6 13 that the person's incarceration ends. A person who violates a 6 14 suspensory period condition is guilty of a serious 6 15 misdemeanor. 6 16 c. The person shall pay reasonable costs of the 6 17 investigation and prosecution of the case as ordered by the 6 18 court. The person shall also pay expenses incurred in 6 19 maintaining the animal as ordered by the court, unless the 6 20 expenses have been paid pursuant to section 717B.5. 6 21 Sec. 16. NEW SECTION. 717B.5A FORFEITURE. 6 22 If a person is guilty of a class "D" felony as provided in 6 23 section 717B.4A, all animals or livestock owned by the person 6 24 shall be forfeited to the state, to the extent that the 6 25 animals or livestock have not been disposed of as provided in 6 26 section 717.5 or 717B.5. The animals or livestock shall be 6 27 seized and forfeited in the same manner as provided in chapter 6 28 809A. Animals or livestock which are destroyed shall be 6 29 destroyed only by a humane method, including euthanasia as 6 30 defined in section 162.2. 6 31 EXPLANATION 6 32 Code chapters 717 and 717B provide for the mistreatment of 6 33 animals. The Code chapters are similar. Code chapter 717 6 34 applies to livestock and Code chapter 717B applies to other 6 35 animals. The chapters prohibit abuse which applies to a 7 1 person other than the owner and neglect which applies to the 7 2 owner. 7 3 Under current law, a person guilty of livestock abuse or 7 4 animal abuse commits an aggravated misdemeanor. A person who 7 5 commits livestock or animal neglect is guilty of a simple 7 6 misdemeanor. A person who intentionally commits livestock 7 7 neglect or animal neglect which results in serious injury to 7 8 or the death of livestock or an animal is guilty of a serious 7 9 misdemeanor. 7 10 This bill provides that any person is guilty of animal 7 11 abuse if the person injures, maims, disfigures, or destroys an 7 12 animal in a manner inconsistent with customary animal 7 13 husbandry practices. The bill eliminates a similar 7 14 prohibition under Code sections referring to animal neglect. 7 15 This bill requires a number of persons to report an 7 16 incident or condition which violates Code chapters 717 and 7 17 717B to a law enforcement officer. The persons include animal 7 18 wardens, veterinarians, employees of the department of 7 19 agriculture and land stewardship, employees of the department 7 20 of human services, and persons who provide child welfare 7 21 services. If a law enforcement officer has reasonable grounds 7 22 to believe that a violation exists, the officer must conduct 7 23 an investigation and report any violation to the county 7 24 attorney. 7 25 This bill provides that a person who commits animal abuse 7 26 or livestock abuse is guilty of a class "D" felony. The bill 7 27 provides that a person who commits animal neglect or livestock 7 28 neglect is still guilty of a simple misdemeanor. A person who 7 29 intentionally commits animal neglect or livestock neglect 7 30 which results in serious injury to or the death of an animal 7 31 is guilty of an aggravated misdemeanor for the first offense 7 32 and a class "D" felony for the second and subsequent offenses. 7 33 In addition, the person must participate in counseling 7 34 according to the terms ordered by the court. The person is 7 35 prohibited from owning or keeping an animal or any livestock 8 1 for a suspensory period of five years. The person must pay 8 2 reasonable costs of the investigation and prosecution of the 8 3 case. The person shall also pay expenses incurred in 8 4 maintaining the animal or livestock. The bill provides for 8 5 the forfeiture of the animal or livestock. 8 6 LSB 1588HH 78 8 7 da/cf/24.1
Text: HF00510 Text: HF00512 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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