H-8361

   Amend Senate File 2230, as passed by the Senate, as follows:
   1.  Page 1, after line 14 by inserting: 
   <Sec. ___.  Section 717B.1, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  “Magistrate” means the same as defined in section 801.4.
   Sec. ___.  NEW SECTION.  717B.5A  Initial appearance —— pretrial release.
   1.  At the time of a defendant’s initial appearance for a charge involving a violation of this chapter, a magistrate’s order for the defendant’s pretrial release from custody may impose a condition that prohibits or restricts the defendant from doing any of the following:
   a.  Acquiring an ownership interest in a dog or cat.
   b.  Acquiring or retaining custody of a dog or cat.
   c.  Residing in a dwelling located on the same premises where a dog or cat is kept.
   2.  The condition imposed pursuant to this section shall be in addition to any other provision allowed or required to be part of the magistrate’s order for the defendant’s pretrial release under chapter 811.
   Sec. ___.  NEW SECTION.  717B.5B  Sentencing order —— prohibition.
   1.  At the time of a person’s sentencing for an offense involving a violation of this chapter, the court’s order may prohibit or restrict the defendant from doing any of the following:
   a.  Acquiring an ownership interest in a dog or cat.
   b.  Acquiring or retaining custody of a dog or cat.
   c.  Residing in a dwelling located on the same premises where a dog or cat is kept.
   2.  The prohibition or restriction imposed pursuant to this section shall be for not less than one year commencing on the date that the convicted person is placed on probation, released on parole or work release, or released from incarceration or from placement in a juvenile facility.
   3.  The prohibition or restriction imposed pursuant to this section shall be in addition to any other provision allowed or required to be part of a sentencing order, including those conditions imposed pursuant to section 717B.3A for animal torture.
   4.  A person who violates the prohibition or restriction imposed pursuant to this section commits a simple misdemeanor.>
   2.  Title page, line 1, by striking <kidnapping in the second degree> and inserting <criminal offenses involving kidnapping or injury to animals>
   3.  By renumbering as necessary.

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WOLFE of Clinton