Text: HF02346 Text: HF02348 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.8, subsection 1, paragraph c, Code
1 2 2001, is amended to read as follows:
1 3 c. Violations by a child, aged sixteen or older, which
1 4 subject the child to the provisions of section 124.401,
1 5 subsection 1, paragraph "e" or "f", or violations of section
1 6 723A.2 which involve a violation of chapter 724, or violation
1 7 of chapter 724 which constitutes a felony, or violations which
1 8 constitute a forcible felony are excluded from the
1 9 jurisdiction of the juvenile court and shall be prosecuted as
1 10 otherwise provided by law unless the court transfers
1 11 jurisdiction of the child to the juvenile court upon motion
1 12 and for good cause. A child over whom jurisdiction has not
1 13 been transferred to the juvenile court, and who is convicted
1 14 of a violation excluded from the jurisdiction of the juvenile
1 15 court under this paragraph, shall be sentenced pursuant to
1 16 section 124.401B, 902.9, or 903.1. Notwithstanding any other
1 17 provision of the Code to the contrary, the court may accept
1 18 from a child a plea of guilty, or may instruct the jury on a
1 19 lesser included offense to the offense excluded from the
1 20 jurisdiction of the juvenile court under this section, in the
1 21 same manner as regarding an adult. However, the juvenile
1 22 court shall have exclusive original jurisdiction in a
1 23 proceeding concerning an offense of livestock torture as
1 24 provided in section 717.3 or animal torture as provided in
1 25 section 717B.3A, if the offense is alleged to have been
1 26 committed by a child under the age of seventeen.
1 27 Sec. 2. Section 232.8, subsection 3, unnumbered paragraph
1 28 2, Code 2001, is amended to read as follows:
1 29 This subsection does not apply in a proceeding concerning
1 30 an offense of livestock torture as provided in section 717.3
1 31 or animal torture as provided in section 717B.3A, if the
1 32 offense is alleged to have been committed by a child under the
1 33 age of seventeen.
1 34 Sec. 3. NEW SECTION. 717.3 LIVESTOCK TORTURE.
1 35 1. A person is guilty of livestock torture, regardless of
2 1 whether the person is the owner of the livestock, if the
2 2 person inflicts upon the livestock severe physical pain with a
2 3 depraved or sadistic intent to cause prolonged suffering or
2 4 death.
2 5 2. This section shall not apply to any of the following:
2 6 a. A person acting to carry out an order issued by a
2 7 court.
2 8 b. A licensed veterinarian practicing veterinary medicine
2 9 as provided in chapter 169.
2 10 c. A person carrying out a practice that is consistent
2 11 with livestock husbandry practices.
2 12 d. A person acting in order to carry out another provision
2 13 of law which allows the conduct.
2 14 e. A person reasonably acting to protect the person's
2 15 property from damage caused by unconfined livestock.
2 16 f. A person reasonably acting to protect a person from
2 17 injury or death caused by unconfined livestock.
2 18 g. A local authority reasonably acting to destroy
2 19 livestock, if at the time of the destruction, the owner of the
2 20 livestock is absent or unable to care for the livestock, and
2 21 the livestock is permanently distressed by disease or injury
2 22 to a degree that would result in severe and prolonged
2 23 suffering.
2 24 h. An institution, as defined in section 145B.1, or a
2 25 research facility, as defined in section 162.2, provided that
2 26 the institution or research facility performs functions within
2 27 the scope of accepted practices and disciplines associated
2 28 with the institution or research facility.
2 29 3. a. The following shall apply to a person who commits
2 30 livestock torture:
2 31 (1) For the first conviction, the person is guilty of an
2 32 aggravated misdemeanor. The sentencing order shall provide
2 33 that the person submit to psychological evaluation and
2 34 treatment according to terms required by the court. The costs
2 35 of the evaluation and treatment shall be paid by the person.
3 1 In addition, the sentencing order shall provide that the
3 2 person complete a community work requirement, which may
3 3 include a work requirement performed at a facility used to
3 4 maintain livestock or an animal shelter or pound, as defined
3 5 in section 162.2, according to terms required by the court.
3 6 (2) For a second or subsequent conviction, the person is
3 7 guilty of a class "D" felony. The sentencing order shall
3 8 provide that the person submit to psychological evaluation and
3 9 treatment according to terms required by the court. The costs
3 10 of the psychological evaluation and treatment shall be paid by
3 11 the person.
3 12 b. The juvenile court shall have exclusive original
3 13 jurisdiction in a proceeding concerning a child who is alleged
3 14 to have committed livestock torture, in the manner provided in
3 15 section 232.8. The juvenile court shall not waive
3 16 jurisdiction in a proceeding concerning an offense alleged to
3 17 have been committed by a child under the age of seventeen.
3 18 EXPLANATION
3 19 In 1994, the general assembly enacted House File 637 (1994
3 20 Iowa Acts, ch. 1103) which created two Code chapters
3 21 prohibiting animal abuse and neglect: Code chapter 717 which
3 22 governs the abuse and neglect of livestock and Code chapter
3 23 717B which governs the abuse and neglect of other animals. In
3 24 2000, the general assembly enacted House File 723 (2000 Iowa
3 25 Acts, ch. 1152), creating a new offense referred to as "animal
3 26 torture" in Code section 717B.3A. This bill provides for a
3 27 new criminal offense of "livestock torture" in new Code
3 28 section 717.3. It is generally consistent with the provisions
3 29 passed by the general assembly in House File 723.
3 30 Specifically, the bill provides that a person is guilty of
3 31 livestock torture if the person inflicts upon livestock severe
3 32 physical pain with a depraved or sadistic intent to cause
3 33 prolonged suffering or death. The bill provides a number of
3 34 exceptions, including exceptions based on actions consistent
3 35 with livestock husbandry practices, veterinary practices,
4 1 self-defense or protection of property, and research.
4 2 The bill provides that a person convicted of livestock
4 3 torture is guilty of an aggravated misdemeanor for the first
4 4 offense and a class "D" felony for a subsequent offense. An
4 5 aggravated misdemeanor is punishable by confinement for no
4 6 more than two years and a fine of at least $500 but not more
4 7 than $5,000. A class "D" felony is punishable by confinement
4 8 for no more than five years and a fine of at least $750 but
4 9 not more than $7,500.
4 10 The bill provides that the sentencing order must provide
4 11 that the offender submit to psychological evaluation and
4 12 treatment. The offender must pay the costs of the evaluation
4 13 and treatment. In addition, the sentencing order for the
4 14 first offense must provide a community work requirement, which
4 15 may include work performed at a facility used to maintain
4 16 livestock or an animal shelter or pound.
4 17 The bill provides that the juvenile court has exclusive
4 18 original jurisdiction in a proceeding concerning a child who
4 19 is alleged to have committed livestock torture. The juvenile
4 20 court cannot waive jurisdiction in a proceeding concerning the
4 21 offense alleged to have been committed by a child under the
4 22 age of 17.
4 23 LSB 5840YH 79
4 24 da/pj/5
Text: HF02346 Text: HF02348 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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