House Journal: Page 912: Monday, March 29, 1999

43   premises of agricultural operations.

44     (4)  An employee of the division of child and
45   family services of the department of human services or
46   a person who provides child welfare services as
47   provided in section 235.1.
48     b.  The person witnesses or has other credible
49   evidence of any of the following:
50     (1)  A violation of section 717B.2 or 717B.3.
Page 2  
 1     (2)  Conditions or incidents that have caused
 2   livestock prolonged suffering in a manner inconsistent
 3   with customary animal husbandry practices.
 4     2.  If there is reasonable grounds to believe that
 5   there is a violation of section 717B.2 or 717B.3, a
 6   law enforcement officer shall conduct an investigation
 7   and report any violation to the county attorney.
 8     Sec. 7. NEW SECTION.  717.4  PENALTIES.
 9     1.  a.  Any person who commits livestock abuse as
10   provided in section 717.1A, is guilty of a class "D"
11   felony.
12     b.  The following penalties shall apply to any
13   person who commits livestock neglect as provided in
14   section 717.2:
15     (1)  Except as provided in subparagraph (2), a
16   person who negligently or intentionally commits
17   livestock neglect is guilty of a simple misdemeanor.
18     (2)  A person who intentionally commits the offense
19   of livestock neglect which results in serious injury
20   to or the death of livestock is guilty of an
21   aggravated misdemeanor for the first offense and a
22   class "D" felony for the second and subsequent
23   offenses.  A person is not guilty of more than one
24   offense of livestock neglect, punishable as provided
25   in this subparagraph, when care or sustenance is not
26   provided to multiple head of livestock during any
27   period of uninterrupted neglect.
28     2.  If a person is guilty of a class "D" felony as
29   provided in this section, the sentencing order shall
30   provide for all of the following:
31     a.  The person shall participate in counseling
32   according to the terms ordered by the court.  The
33   counseling shall be provided by a licensed mental
34   health counselor appointed or approved by the court.
35   The costs of counseling shall be paid by the person
36   and may be taxed as court costs.  If the court
37   determines that the person is unable to make payment,
38   the court may order that the costs be paid in full or
39   in part from the county treasury.
40     b.  The person shall not own, keep, or care for
41   livestock or any animal for a suspensory period as

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