Text: S05223                            Text: S05225
Text: S05200 - S05299                   Text: S Index
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Senate Amendment 5224

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5013, to House File 723, as
  1  2 amended, passed, and reprinted by the House, as
  1  3 follows:
  1  4    #1.  By striking page 1, line 5, through page 2,
  1  5 line 8, and inserting the following:
  1  6    ""Sec.    .  NEW SECTION.  717.3  LIVESTOCK
  1  7 TORTURE.
  1  8    1.  A person is guilty of livestock torture,
  1  9 regardless of whether the person is the owner of the
  1 10 livestock, if the person acts with willful and wanton
  1 11 intent to inflict on the livestock severe physical
  1 12 pain in order to cause suffering or death.
  1 13    2.  This section shall not apply to any of the
  1 14 following:
  1 15    a.  A person acting to carry out an order issued by
  1 16 a court.
  1 17    b.  A licensed veterinarian while practicing
  1 18 veterinary medicine as provided in chapter 169.
  1 19    c.  A person while carrying out a practice that is
  1 20 consistent with customary animal husbandry practices.
  1 21    d.  A person acting reasonably to protect a person
  1 22 from injury or death caused by unconfined livestock.
  1 23    e.  A local authority acting reasonably to destroy
  1 24 livestock, if at the time of the destruction, the
  1 25 owner of the livestock is absent or unable to care for
  1 26 the livestock, and the livestock is permanently
  1 27 distressed by disease or injury to a degree that would
  1 28 result in severe and prolonged suffering.
  1 29    f.  An institution, as defined in section 145B.1,
  1 30 or a research facility, as defined in section 162.2,
  1 31 provided that the institution or research facility
  1 32 performs functions within the scope of accepted
  1 33 practices and disciplines associated with the
  1 34 institution or research facility.
  1 35    3.  A person guilty of livestock torture is guilty
  1 36 of a class "D" felony.  If a person is guilty of
  1 37 livestock torture, the sentencing order shall require
  1 38 that the person participate in counseling according to
  1 39 terms ordered by the court.
  1 40    Sec.    .  NEW SECTION.  717B.5A  ANIMAL TORTURE.
  1 41    1.  A person is guilty of animal torture,
  1 42 regardless of whether the person is the owner of the
  1 43 animal, if the person acts with willful and wanton
  1 44 intent to inflict on the animal severe physical pain
  1 45 in order to cause suffering or death.
  1 46    2.  This section shall not apply to any of the
  1 47 following:
  1 48    a.  A person acting to carry out an order issued by
  1 49 a court.
  1 50    b.  A licensed veterinarian while practicing
  2  1 veterinary medicine as provided in chapter 169.
  2  2    c.  A person while carrying out a practice that is
  2  3 consistent with customary animal husbandry practices.
  2  4    d.  A person taking, hunting, trapping, or fishing
  2  5 for a wild animal as provided in chapter 481A.
  2  6    e.  A person acting reasonably to protect the
  2  7 person's property from a wild animal as defined in
  2  8 section 481A.1.
  2  9    f.  A person acting reasonably to protect a person
  2 10 from injury or death caused by a wild animal as
  2 11 defined in section 481A.1.
  2 12    g.  A person acting reasonably to protect a person
  2 13 from injury or death caused by an unconfined animal.
  2 14    h.  A local authority acting reasonably to destroy
  2 15 an animal, if at the time of the destruction, the
  2 16 owner of the animal is absent or unable to care for
  2 17 the animal, and the animal is permanently distressed
  2 18 by disease or injury to a degree that would result in
  2 19 severe and prolonged suffering.
  2 20    i.  An institution, as defined in section 145B.1,
  2 21 or a research facility, as defined in section 162.2,
  2 22 provided that the institution or research facility
  2 23 performs functions within the scope of accepted
  2 24 practices and disciplines associated with the
  2 25 institution or research facility.
  2 26    3.  A person guilty of animal torture is guilty of
  2 27 a class "D" felony.  If a person is guilty of animal
  2 28 torture, the sentencing order shall require that the
  2 29 person participate in counseling according to terms
  2 30 ordered by the court."
  2 31    #   .  Title page, line 1, by striking the words
  2 32 "persons and" and inserting the following:  "livestock
  2 33 and other"." 
  2 34 
  2 35 
  2 36                               
  2 37 MARY A. LUNDBY 
  2 38 
  2 39 
  2 40                               
  2 41 MATT McCOY 
  2 42 HF 723.709 78
  2 43 da/cls
     

Text: S05223                            Text: S05225
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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