Text: SSB03127                          Text: SSB03129
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3128

Bill Text

PAG LIN
  1  1    Section 1.  Section 717B.1, subsection 6, Code 2001, is
  1  2 amended to read as follows:
  1  3    6.  "Maintenance" means to provide on-site or off-site care
  1  4 to neglected animals an animal subject to animal neglect or
  1  5 animal cruelty as provided in section 717B.3.
  1  6    Sec. 2.  Section 717B.1, Code 2001, is amended by adding
  1  7 the following new subsection:
  1  8    NEW SUBSECTION.  7.  "Owner" means a person who holds a
  1  9 legal interest in an animal by title or possession.
  1 10    NEW SUBSECTION.  8.  "Responsible party" means the owner, a
  1 11 person who acts as an agent of the owner in maintaining the
  1 12 owner's animal, or a person who otherwise has custody of an
  1 13 animal, including a person who impounds or confines the
  1 14 animal.
  1 15    Sec. 3.  Section 717B.2, subsection 1, Code 2001, is
  1 16 amended to read as follows:
  1 17    1.  A person acting with the consent of the person owning
  1 18 owner of the animal, unless the action constitutes animal
  1 19 neglect or animal cruelty as provided in section 717B.3.
  1 20    Sec. 4.  Section 717B.3, Code 2001, is amended to read as
  1 21 follows:
  1 22    717B.3  ANIMAL NEGLECT AND ANIMAL CRUELTY – RESPONSIBLE
  1 23 PARTIES.
  1 24    1.  A person who impounds or confines, in any place, an
  1 25 animal is guilty of animal neglect, if the person does is a
  1 26 responsible party for an animal and fails to alleviate the
  1 27 animal's suffering caused by any of the following:  fails
  1 28    a.  The person's failure to supply the animal during
  1 29 confinement with necessary sustenance.  At a minimum necessary
  1 30 sustenance includes providing a sufficient quantity of
  1 31 wholesome food or potable water;, based on the animal's
  1 32 species and condition, including but not limited to its age.
  1 33 fails
  1 34    b.  The person's failure to provide a confined dog or cat
  1 35 protect the animal from climatic conditions.  At a minimum,
  2  1 the protection must include providing the animal with adequate
  2  2 shelter,; or tortures, deprives of necessary sustenance,
  2  3 mutilates, beats, or kills including a structure and bedding,
  2  4 based on the animal's species and condition, including but not
  2  5 limited to age.
  2  6    c.  The person's failure to provide the animal with
  2  7 veterinary care.
  2  8    2.  A person is guilty of animal cruelty, if the person is
  2  9 a responsible party for an animal by any means which and
  2 10 causes the animal unjustified pain, distress, or suffering by
  2 11 any means, including but not limited to mutilating, beating,
  2 12 or poisoning the animal.
  2 13    2. 3.  This section does not apply to an institution, as
  2 14 defined in section 145B.1, or a research facility, as defined
  2 15 in section 162.2, provided that the institution or research
  2 16 facility performs functions within the scope of accepted
  2 17 practices and disciplines associated with the institution or
  2 18 research facility.
  2 19    3. 4.  A person who negligently or intentionally commits
  2 20 the offense of animal neglect or animal cruelty is guilty of a
  2 21 simple misdemeanor.  A person who intentionally commits the
  2 22 offense of animal neglect or animal cruelty which results in
  2 23 serious injury to or the death of an animal is guilty of a
  2 24 serious misdemeanor.
  2 25    Sec. 5.  Section 717B.4, Code 2001, is amended to read as
  2 26 follows:
  2 27    717B.4  DISPOSITION OF NEGLECTED ANIMALS SUBJECT TO NEGLECT
  2 28 OR CRUELTY.
  2 29    1.  A court shall order the disposition of an animal
  2 30 neglected subject to animal neglect or animal cruelty as
  2 31 provided in section 717B.3 after a hearing upon application or
  2 32 petition to the court by a local authority or the person
  2 33 owning or caring for the animal.  The matter shall be heard
  2 34 within ten days from the filing of the petition.  The court
  2 35 may continue the hearing for up to forty days upon petition by
  3  1 the person.  However, the person shall post a bond or other
  3  2 security with the local authority in an amount determined by
  3  3 the court, which shall not be more than the amount sufficient
  3  4 to provide maintenance of the animal for forty days.  The
  3  5 court may grant a subsequent continuance by the person for the
  3  6 same length of time if the person submits a new bond or
  3  7 security.  However, the court shall order the immediate
  3  8 disposition of the animal if the animal is permanently
  3  9 distressed by disease or injury to a degree that would result
  3 10 in severe or prolonged suffering.
  3 11    2.  The hearing to determine if the animal has been
  3 12 neglected subject to animal neglect or animal cruelty for
  3 13 purposes of disposition shall be a civil proceeding.  If the
  3 14 case is related to a criminal proceeding, the disposition
  3 15 shall not be part of that proceeding and shall not be
  3 16 considered a criminal penalty imposed on a person found in
  3 17 violation of section 717B.3.
  3 18    3.  A court may order a person owning the neglected animal
  3 19 subject to animal neglect or animal cruelty to pay an amount
  3 20 which shall not be more than the expenses incurred in
  3 21 maintaining the neglected animal rescued pursuant to section
  3 22 717B.5, and reasonable attorney fees and expenses related to
  3 23 the investigation of the case.  The remaining amount of a bond
  3 24 or other security posted pursuant to this chapter shall be
  3 25 used to reimburse the local authority.  If more than one
  3 26 person has a divisible interest in the animal, the amount
  3 27 required to be paid shall be prorated based on the percentage
  3 28 of interest in the animal owned by each person.  The moneys
  3 29 shall be paid to the local authority incurring the expense.
  3 30 The amount shall be subtracted from proceeds owed to the owner
  3 31 or owners of the animal, which are received from the sale of
  3 32 the animal ordered by the court.  Moneys owed to the local
  3 33 authority from the sale of a neglected the animal shall be
  3 34 paid to the local authority before satisfying indebtedness
  3 35 secured by any security interest in or lien on the animal.  If
  4  1 an owner of the animal is a landowner, the local authority may
  4  2 submit an amount to the clerk of the county board of
  4  3 supervisors who shall report the amount to the county
  4  4 treasurer.  The amount shall equal the balance remaining after
  4  5 the sale of the animal.  If the animal owner owns a percentage
  4  6 of the animal, the reported amount shall equal the remaining
  4  7 balance owed by all landowners who own a percentage of the
  4  8 animal.  That amount shall be prorated among the landowners
  4  9 based on the percentage of interest in the animal attributable
  4 10 to each landowner.  The amount shall be placed upon the tax
  4 11 books, and collected with interest and penalties after due, in
  4 12 the same manner as other unpaid property taxes.  The county
  4 13 shall reimburse a city within thirty days from the collection
  4 14 of the property taxes.
  4 15    4.  Neglected animals An animal that has been subject to
  4 16 neglect or cruelty and that is ordered to be destroyed shall
  4 17 be destroyed only by a humane method, including euthanasia as
  4 18 defined in section 162.2.
  4 19    Sec. 6.  Section 717B.5, Code 2001, is amended to read as
  4 20 follows:
  4 21    717B.5  RESCUE OF NEGLECTED ANIMALS SUBJECT TO NEGLECT OR
  4 22 CRUELTY.
  4 23    1.  A law enforcement officer, after consulting with a
  4 24 veterinarian licensed pursuant to chapter 169, may rescue an
  4 25 animal neglected subject to neglect or cruelty as provided in
  4 26 section 717B.3 on public or private property, as provided in
  4 27 this subsection.  The officer may enter onto property of a
  4 28 person to rescue a neglected the animal, if the officer
  4 29 obtains a search warrant issued by a court, or enters onto the
  4 30 premises in a manner consistent with the laws of this state
  4 31 and the United States, including Article I, section 8, of the
  4 32 Constitution of the State of Iowa, or the fourth amendment to
  4 33 the Constitution of the United States.
  4 34    2.  If an animal is rescued pursuant to this section, the
  4 35 local authority shall provide for the maintenance of the
  5  1 neglected animal.  The local authority may contract with an
  5  2 animal care provider for the maintenance of the neglected
  5  3 animal.  The local authority shall post a notice in a
  5  4 conspicuous place at the location where the animal was
  5  5 rescued.  The notice shall state that the animal has been
  5  6 rescued by the local authority pursuant to this section.  The
  5  7 local authority shall pay the animal care provider for the
  5  8 animal's maintenance regardless of proceeds received from the
  5  9 sale of the animal or any reimbursement ordered by a court,
  5 10 pursuant to section 717B.4.
  5 11    3.  The An animal that is rescued under this section shall
  5 12 be subject to disposition as required by a court, pursuant to
  5 13 section 717B.4.  
  5 14                           EXPLANATION
  5 15    This bill provides for the taking and disposition of
  5 16 animals subject to neglect or cruelty other than livestock by
  5 17 local authorities.  Specifically, the bill amends Code section
  5 18 717B.3 that currently provides for the offense of animal
  5 19 neglect.  The section currently provides that a person commits
  5 20 the offense if the person impounds or confines the animal and
  5 21 fails to supply the animal during confinement with a
  5 22 sufficient quantity of food or water; fails to provide a
  5 23 confined dog or cat with adequate shelter; tortures the
  5 24 animal; deprives the animal of necessary sustenance; or
  5 25 mutilates, beats, or kills the animal by any means which
  5 26 causes unjustified pain, distress, or suffering.  Under Code
  5 27 sections 717B.4 and 717B.5, a local authority may currently
  5 28 rescue a neglected animal and a court may provide for its
  5 29 disposition.
  5 30    The bill separates the offense of animal neglect into
  5 31 animal neglect and animal cruelty.  In both instances, the
  5 32 offense must be committed by a responsible party.  A
  5 33 responsible party means the owner of an animal, a person who
  5 34 acts as an agent of the owner in maintaining the animal, or a
  5 35 person who otherwise has custody of the animal.
  6  1    The bill provides that a person is guilty of animal neglect
  6  2 if the person is a responsible party for and fails to
  6  3 alleviate the animal's suffering caused by the failure to
  6  4 supply the animal with necessary sustenance (providing a
  6  5 sufficient quantity of wholesome food or potable water); the
  6  6 failure to protect the animal from climatic conditions
  6  7 (providing shelter, including a structure and bedding); or the
  6  8 failure to provide the animal with veterinary care.  In each
  6  9 of these cases the level of the responsible party's duty
  6 10 depends upon the species and condition of the animal.
  6 11    The bill provides that a person is guilty of animal cruelty
  6 12 if the person is a responsible party and causes the animal
  6 13 unjustified pain, distress, or suffering, including by
  6 14 mutilating, beating, or poisoning the animal.
  6 15    According to Code section 717B.3, a person who negligently
  6 16 or intentionally commits the offense of animal neglect is
  6 17 guilty of a simple misdemeanor.  A person who intentionally
  6 18 commits the offense of animal neglect that results in serious
  6 19 injury to or the death of an animal is guilty of a serious
  6 20 misdemeanor.  The bill provides that a person who commits the
  6 21 offense of animal cruelty is subject to the same penalties as
  6 22 a person who commits animal neglect.
  6 23    A simple misdemeanor is punishable by confinement for no
  6 24 more than 30 days or a fine of at least $50 but not more than
  6 25 $500 or by both.  A serious misdemeanor is punishable by
  6 26 confinement for no more than one year and a fine of at least
  6 27 $250 but not more than $1,500.  
  6 28 LSB 5010SC 79
  6 29 da/sh/8
     

Text: SSB03127                          Text: SSB03129
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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