Text: HF00019 Text: HF00021 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 717B.3A, subsection 3, paragraph a, 1 2 Code 2001, is amended to read as follows: 1 3 a. The following shall apply to a person who commits 1 4 animal torture: 1 5 (1) For the first conviction, the person is guilty ofan1 6aggravated misdemeanora class "D" felony. The sentencing 1 7 order shall provide that the person submit to psychological 1 8 evaluation and treatment according to terms required by the 1 9 court. The costs of the psychological evaluation and 1 10 treatment shall be paid by the person. In addition, the 1 11 sentencing order shall provide that the person complete a 1 12 community work requirement, which may include a work 1 13 requirement performed at an animal shelter or pound, as 1 14 defined in section 162.2, according to terms required by the 1 15 court. 1 16 (2) For a second or subsequent conviction, the person is 1 17 guilty of a class"D""C" felony. The sentencing order shall 1 18 provide that the person submit to psychological evaluation and 1 19 treatment according to terms required by the court. The costs 1 20 of the psychological evaluation and treatment shall be paid by 1 21 the person. 1 22 EXPLANATION 1 23 During the 2000 legislative session, the general assembly 1 24 enacted H.F. 723 (2000 Acts, ch 1152), which created a new 1 25 section in Code chapter 717B prohibiting animal cruelty (the 1 26 chapter does not apply to livestock which is governed under 1 27 Code chapter 717). The new section provides that a person is 1 28 guilty of animal torture if the person inflicts upon an animal 1 29 severe physical pain with a depraved or sadistic intent to 1 30 cause prolonged suffering or death. For the first conviction, 1 31 the person is guilty of an aggravated misdemeanor, and must 1 32 undergo psychological evaluation and treatment according to 1 33 terms required by a court's sentencing order. The penalty is 1 34 increased to a class "D" felony for a second or subsequent 1 35 offense. 2 1 This bill provides that the first conviction is punishable 2 2 as a class "D" felony and a second or subsequent conviction is 2 3 punishable as a class "C" felony. 2 4 According to Code section 903.1, a person convicted of an 2 5 aggravated misdemeanor may be imprisoned for a term not to 2 6 exceed two years and subject to a fine of at least $500 but 2 7 not to exceed $5,000. 2 8 According to Code section 902.9, a person convicted of 2 9 committing a class "D" felony may be confined for not more 2 10 than five years, and in addition shall be sentenced to a fine 2 11 of at least $750 but not more than $7,500. A person convicted 2 12 of a class "C" felony can be confined for no more than 10 2 13 years, and in addition be sentenced to a fine of at least 2 14 $1,000 but not more than $10,000. 2 15 LSB 1373HH 79 2 16 da/cls/14
Text: HF00019 Text: HF00021 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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