House Journal: Page 915: Monday, March 29, 1999

40   death of an animal is guilty of an aggravated

41   misdemeanor for the first offense and a class "D"
42   felony for the second and subsequent offenses.
43     2.  If a person is guilty of an aggravated
44   misdemeanor or class "D" felony, as provided in this
45   section, the sentencing order shall provide for all of
46   the following:
47     a.  The person shall participate in counseling
48   according to the terms ordered by the court.  The
49   counseling shall be provided by a licensed mental
50   health counselor appointed or approved by the court.
Page 5
 1   The costs of counseling shall be paid by the person
 2   and may be taxed as court costs.  If the court
 3   determines that the person is unable to make payment,
 4   the court may order that the costs be paid in full or
 5   in part from the county treasury.
 6     b.  The person shall not own, keep, or care for an
 7   animal or any livestock for a suspensory period as
 8   provided in this paragraph.  The suspensory period
 9   shall be for not less than five years and not more
10   than ten years as ordered by the court.  If the person
11   is not incarcerated, the suspensory period shall begin
12   on the date of sentencing.  If the person is
13   incarcerated, the suspensory period shall begin on the
14   date that the person's incarceration ends.  A person
15   who violates a suspensory period condition is guilty
16   of a serious misdemeanor.
17     c.  The person shall pay reasonable costs of the
18   investigation and prosecution of the case as ordered
19   by the court.  The person shall also pay expenses
20   incurred in maintaining the animal as ordered by the
21   court, unless the expenses have been paid pursuant to
22   section 717B.5.
23     Sec. 16. NEW SECTION.  717B.5A  FORFEITURE.
24     If a person is guilty of a class "D" felony as
25   provided in section 717B.4A, all animals or livestock
26   owned by the person shall be forfeited to the state,
27   to the extent that the animals or livestock have not
28   been disposed of as provided in section 717.5 or
29   717B.5.  The animals or livestock shall be seized and
30   forfeited in the same manner as provided in chapter
31   809A.  Animals or livestock which are destroyed shall
32   be destroyed only by a humane method, including
33   euthanasia as defined in section 162.2."
Speaker Corbett in the chair at 2:05 p.m.

© 1999 Cornell College and League of Women Voters of Iowa

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