Text: S05012                            Text: S05014
Text: S05000 - S05099                   Text: S Index
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Senate Amendment 5013

Amendment Text

PAG LIN
  1  1    Amend House File 723, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  NEW SECTION.  717B.3A  ANIMAL TORTURE.
  1  6    1.  A person is guilty of animal torture,
  1  7 regardless of whether the person is the owner of the
  1  8 animal, if the person acts with a depraved or sadistic
  1  9 intent to inflict on the animal severe physical pain
  1 10 in order to prolong suffering or death.
  1 11    2.  This section shall not apply to any of the
  1 12 following:
  1 13    a.  A person acting to carry out an order issued by
  1 14 a court.
  1 15    b.  A licensed veterinarian practicing veterinary
  1 16 medicine as provided in chapter 169.
  1 17    c.  A person carrying out a practice that is
  1 18 consistent with animal husbandry practices.
  1 19    d.  A person acting in order to carry out another
  1 20 provision of law which allows the conduct.
  1 21    e.  A person taking, hunting, trapping, or fishing
  1 22 for a wild animal as provided in chapter 481A.
  1 23    f.  A person acting to protect the person's
  1 24 property from a wild animal as defined in section
  1 25 481A.1.
  1 26    g.  A person acting to protect a person from injury
  1 27 or death caused by a wild animal as defined in section
  1 28 481A.1.
  1 29    h.  A person reasonably acting to protect the
  1 30 person's property from damage caused by an unconfined
  1 31 animal.
  1 32    i.  A person reasonably acting to protect a person
  1 33 from injury or death caused by an unconfined animal.
  1 34    j.  A local authority reasonably acting to destroy
  1 35 an animal, if at the time of the destruction, the
  1 36 owner of the animal is absent or unable to care for
  1 37 the animal, and the animal is permanently distressed
  1 38 by disease or injury to a degree that would result in
  1 39 severe and prolonged suffering.
  1 40    k.  An institution, as defined in section 145B.1,
  1 41 or a research facility, as defined in section 162.2,
  1 42 provided that the institution or research facility
  1 43 performs functions within the scope of accepted
  1 44 practices and disciplines associated with the
  1 45 institution or research facility.
  1 46    3.  A person guilty of animal torture is guilty of
  1 47 an aggravated misdemeanor for the first offense and
  1 48 guilty of a class "D" felony for a second or
  1 49 subsequent offense.  If a person is guilty of animal
  1 50 torture, as provided in this subsection, the
  2  1 sentencing order shall provide that the person
  2  2 participate in counseling according to terms ordered
  2  3 by the court.  However, a person shall not be guilty
  2  4 of more than one offense of animal torture, when the
  2  5 abuse occurs to multiple animals during any
  2  6 uninterrupted period."
  2  7    #2.  Title page, line 1, by striking the words
  2  8 "persons and".  
  2  9 
  2 10 
  2 11                               
  2 12 COMMITTEE ON JUDICIARY
  2 13 ANDY McKEAN, CHAIRPERSON
  2 14 HF 723.309 78
  2 15 da/cf
     

Text: S05012                            Text: S05014
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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