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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