Text: HF00722 Text: HF00724 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 723 1 2 1 3 AN ACT 1 4 PROHIBITING THE MISTREATMENT OF ANIMALS AND PROVIDING FOR 1 5 PENALTIES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 232.8, subsection 1, paragraph c, Code 1 10 1999, is amended to read as follows: 1 11 c. Violations by a child, age sixteen or older, which 1 12 subject the child to the provisions of section 124.401, 1 13 subsection 1, paragraph "e" or "f", or violations of section 1 14 723A.2 which involve a violation of chapter 724, or violation 1 15 of chapter 724 which constitutes a felony, or violations which 1 16 constitute a forcible felony are excluded from the 1 17 jurisdiction of the juvenile court and shall be prosecuted as 1 18 otherwise provided by law unless the court transfers 1 19 jurisdiction of the child to the juvenile court upon motion 1 20 and for good cause. A child over whom jurisdiction has not 1 21 been transferred to the juvenile court, and who is convicted 1 22 of a violation excluded from the jurisdiction of the juvenile 1 23 court under this paragraph, shall be sentenced pursuant to 1 24 section 124.401B, 902.9, or 903.1. Notwithstanding any other 1 25 provision of the Code to the contrary, the court may accept 1 26 from a child a plea of guilty, or may instruct the jury on a 1 27 lesser included offense to the offense excluded from the 1 28 jurisdiction of the juvenile court under this section, in the 1 29 same manner as regarding an adult. However, the juvenile 1 30 court shall have exclusive original jurisdiction in a 1 31 proceeding concerning an offense of livestock torture as 1 32 provided in section 717.3 or animal torture as provided in 1 33 section 717B.3A alleged to have been committed by a child 1 34 under the age of seventeen. 1 35 Sec. 2. Section 232.8, subsection 3, Code 1999, is amended 2 1 by adding the following new unnumbered paragraph: 2 2 NEW UNNUMBERED PARAGRAPH. This subsection does not apply 2 3 in a proceeding concerning an offense of livestock torture as 2 4 provided in section 717.3 or animal torture as provided in 2 5 section 717B.3A alleged to have been committed by a child 2 6 under the age of seventeen. 2 7 Sec. 3. NEW SECTION. 717B.3A ANIMAL TORTURE. 2 8 1. A person is guilty of animal torture, regardless of 2 9 whether the person is the owner of the animal, if the person 2 10 inflicts upon the animal severe physical pain with a depraved 2 11 or sadistic intent to cause prolonged suffering or death. 2 12 2. This section shall not apply to any of the following: 2 13 a. A person acting to carry out an order issued by a 2 14 court. 2 15 b. A licensed veterinarian practicing veterinary medicine 2 16 as provided in chapter 169. 2 17 c. A person carrying out a practice that is consistent 2 18 with animal husbandry practices. 2 19 d. A person acting in order to carry out another provision 2 20 of law which allows the conduct. 2 21 e. A person taking, hunting, trapping, or fishing for a 2 22 wild animal as provided in chapter 481A. 2 23 f. A person acting to protect the person's property from a 2 24 wild animal as defined in section 481A.1. 2 25 g. A person acting to protect a person from injury or 2 26 death caused by a wild animal as defined in section 481A.1. 2 27 h. A person reasonably acting to protect the person's 2 28 property from damage caused by an unconfined animal. 2 29 i. A person reasonably acting to protect a person from 2 30 injury or death caused by an unconfined animal. 2 31 j. A local authority reasonably acting to destroy an 2 32 animal, if at the time of the destruction, the owner of the 2 33 animal is absent or unable to care for the animal, and the 2 34 animal is permanently distressed by disease or injury to a 2 35 degree that would result in severe and prolonged suffering. 3 1 k. An institution, as defined in section 145B.1, or a 3 2 research facility, as defined in section 162.2, provided that 3 3 the institution or research facility performs functions within 3 4 the scope of accepted practices and disciplines associated 3 5 with the institution or research facility. 3 6 3. a. The following shall apply to a person who commits 3 7 animal torture: 3 8 (1) For the first conviction, the person is guilty of an 3 9 aggravated misdemeanor. The sentencing order shall provide 3 10 that the person submit to psychological evaluation and 3 11 treatment according to terms required by the court. The costs 3 12 of the evaluation and treatment shall be paid by the person. 3 13 In addition, the sentencing order shall provide that the 3 14 person complete a community work requirement, which may 3 15 include a work requirement performed at an animal shelter or 3 16 pound, as defined in section 162.2, according to terms 3 17 required by the court. 3 18 (2) For a second or subsequent conviction, the person is 3 19 guilty of a class "D" felony. The sentencing order shall 3 20 provide that the person submit to psychological evaluation and 3 21 treatment according to terms required by the court. The costs 3 22 of the psychological evaluation and treatment shall be paid by 3 23 the person. 3 24 b. The juvenile court shall have exclusive original 3 25 jurisdiction in a proceeding concerning a child who is alleged 3 26 to have committed animal torture, in the manner provided in 3 27 section 232.8. The juvenile court shall not waive 3 28 jurisdiction in a proceeding concerning an offense alleged to 3 29 have been committed by a child under the age of seventeen. 3 30 3 31 3 32 3 33 BRENT SIEGRIST 3 34 Speaker of the House 3 35 4 1 4 2 4 3 MARY E. KRAMER 4 4 President of the Senate 4 5 4 6 I hereby certify that this bill originated in the House and 4 7 is known as House File 723, Seventy-eighth General Assembly. 4 8 4 9 4 10 4 11 ELIZABETH ISAACSON 4 12 Chief Clerk of the House 4 13 Approved , 2000 4 14 4 15 4 16 4 17 THOMAS J. VILSACK 4 18 Governor
Text: HF00722 Text: HF00724 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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