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House File 511

Partial Bill History

Bill Text

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 livestock owned by another person, in any manner, including,
  1 15 but not limited to, intentionally doing any of the following:
  1 16 administering drugs or poisons to the livestock, or disabling
  1 17 the livestock by using a firearm or trap by any means that
  1 18 causes pain or suffering in a manner inconsistent with
  1 19 customary animal husbandry practices.  A person guilty of
  1 20 livestock 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 animal owned by another person by any means, in any a manner,
  4 13 including intentionally poisoning the animal inconsistent with
  4 14 customary animal husbandry practices.  A person guilty of
  4 15 animal 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; or tortures,
  4 26 deprives of the animal necessary sustenance, mutilates, beats,
  4 27 or kills an animal by any means which causes unjustified pain,
  4 28 distress, 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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