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House File 723

Partial Bill History

Bill Text

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
     

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