Text: S05389 Text: S05391 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the Senate amendment, H-8746, to House File
1 2 723, as amended, passed, and reprinted by the House,
1 3 as follows:
1 4 #1. Page 1, by inserting after line 4, the
1 5 following:
1 6 "Section 1. Section 232.8, subsection 1, paragraph
1 7 c, Code 1999, is amended to read as follows:
1 8 c. Violations by a child, age sixteen or older,
1 9 which subject the child to the provisions of section
1 10 124.401, subsection 1, paragraph "e" or "f", or
1 11 violations of section 723A.2 which involve a violation
1 12 of chapter 724, or violation of chapter 724 which
1 13 constitutes a felony, or violations which constitute a
1 14 forcible felony are excluded from the jurisdiction of
1 15 the juvenile court and shall be prosecuted as
1 16 otherwise provided by law unless the court transfers
1 17 jurisdiction of the child to the juvenile court upon
1 18 motion and for good cause. A child over whom
1 19 jurisdiction has not been transferred to the juvenile
1 20 court, and who is convicted of a violation excluded
1 21 from the jurisdiction of the juvenile court under this
1 22 paragraph, shall be sentenced pursuant to section
1 23 124.401B, 902.9, or 903.1. Notwithstanding any other
1 24 provision of the Code to the contrary, the court may
1 25 accept from a child a plea of guilty, or may instruct
1 26 the jury on a lesser included offense to the offense
1 27 excluded from the jurisdiction of the juvenile court
1 28 under this section, in the same manner as regarding an
1 29 adult. However, the juvenile court shall have
1 30 exclusive original jurisdiction in a proceeding
1 31 concerning an offense of livestock torture as provided
1 32 in section 717.3 or animal torture as provided in
1 33 section 717B.3A alleged to have been committed by a
1 34 child under the age of seventeen.
1 35 Sec. . Section 232.8, subsection 3, Code 1999,
1 36 is amended by adding the following new unnumbered
1 37 paragraph:
1 38 NEW UNNUMBERED PARAGRAPH. This subsection does not
1 39 apply in a proceeding concerning an offense of
1 40 livestock torture as provided in section 717.3 or
1 41 animal torture as provided in section 717B.3A alleged
1 42 to have been committed by a child under the age of
1 43 seventeen."
1 44 #2. Page 1, by striking lines 5 through 41.
1 45 #3. Page 1, by striking lines 45 through 47, and
1 46 inserting the following: "animal, if the person
1 47 inflicts upon the animal severe physical pain with a
1 48 depraved or sadistic intent to cause prolonged
1 49 suffering or death."
1 50 #4. Page 2, by striking lines 33 through 40, and
2 1 inserting the following:
2 2 " . The following shall apply to a person who
2 3 commits animal torture:
2 4 (1) For the first conviction, the person is guilty
2 5 of an aggravated misdemeanor. The sentencing order
2 6 shall provide that the person submit to psychological
2 7 evaluation and treatment according to terms required
2 8 by the court. The costs of the evaluation and
2 9 treatment shall be paid by the person. In addition,
2 10 the sentencing order shall provide that the person
2 11 complete a community work requirement, which may
2 12 include a work requirement performed at an animal
2 13 shelter or pound, as defined in section 162.2,
2 14 according to terms required by the court.
2 15 (2) For a second or subsequent conviction, the
2 16 person is guilty of a class "D" felony. The
2 17 sentencing order shall provide that the person submit
2 18 to psychological evaluation and treatment according to
2 19 terms required by the court. The costs of the
2 20 psychological evaluation and treatment shall be paid
2 21 by the person.
2 22 b. The juvenile court shall have exclusive
2 23 original jurisdiction in a proceeding concerning a
2 24 child who is alleged to have committed animal torture,
2 25 in the manner provided in section 232.8. The juvenile
2 26 court shall not waive jurisdiction in a proceeding
2 27 concerning an offense alleged to have been committed
2 28 by a child under the age of seventeen."
2 29 #5. By renumbering, relettering, or redesignating
2 30 and correcting internal references as necessary.
2 31 HF 723H
2 32 da/jg/25
Text: S05389 Text: S05391 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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