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