Senate File 2365 H-8388 Amend Senate File 2365, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 4, after line 30 by inserting: 3 < 5. Dog vests, identification cards, documents, or 4 certificates which identify a dog as a service animal convey 5 no rights under this section or under the federal Americans 6 with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as 7 evidenced by the United States department of justice’s informal 8 advisory stating that the department of justice does not 9 recognize such items as proof that a dog is a service animal. 10 Sec. ___. Section 717B.1, Code 2018, is amended by adding 11 the following new subsections: 12 NEW SUBSECTION . 2A. “Animal mistreatment” means an act 13 described as animal abuse as provided in section 717B.2, 14 animal neglect as provided in section 717B.3, animal torture 15 as provided in section 717B.3A, abandonment of a cat or dog as 16 provided in section 717B.8, or injury to or interference with a 17 police service dog as provided in section 717B.9. 18 NEW SUBSECTION . 3A. a. “Convicted” means the entry of 19 a judgment of conviction under chapter 901 or adjudicated 20 delinquent for an act which is an indictable offense in this 21 state or in another state under chapter 232. 22 b. “Convicted” does not mean a plea, sentence, adjudication, 23 deferred sentence, or deferred judgment which has been reversed 24 or otherwise set aside. 25 NEW SUBSECTION . 3B. “Department” means the department of 26 agriculture and land stewardship. 27 NEW SUBSECTION . 4A. “Euthanasia” means the same as defined 28 in section 162.2. 29 NEW SUBSECTION . 4B. “Injury” means an animal’s 30 disfigurement; the impairment of an animal’s health; or an 31 impairment to the functioning of an animal’s limb or organ, 32 including physical damage or harm to an animal’s muscle, 33 tissue, organs, bones, hide, or skin. 34 NEW SUBSECTION . 8A. “Serious injury” means an injury that 35 -1- SF2365.5314 (2) 87 asf/rj 1/ 10 #1.

constitutes an animal’s protracted or permanent disfigurement, 1 the protracted or permanent impairment of an animal’s health, 2 the protracted or permanent impairment of the functioning of 3 an animal’s limb or organ, or the loss of an animal’s limb or 4 organ. 5 Sec. ___. Section 717B.2, Code 2018, is amended to read as 6 follows: 7 717B.2 Animal abuse —— penalties . 8 1. A person is guilty of animal abuse if the person 9 intentionally injures, maims, disfigures, or destroys an animal 10 owned by another person, in any manner, including intentionally 11 poisoning the animal commits animal abuse when the person 12 knowingly or recklessly causes injury, serious injury, or death 13 to an animal by force, violence, or poisoning . A person guilty 14 of animal abuse is guilty of an aggravated misdemeanor. 15 2. This section shall not apply to conduct engaged in by any 16 of the following: 17 1. A person acting with the consent of the person owning 18 the animal, unless the action constitutes animal neglect as 19 provided in section 717B.3 . 20 a. An owner of the animal, or a person acting with the 21 consent of the owner, who euthanizes an animal in a reasonable 22 manner, if at the time of the euthanasia, the animal is in a 23 state of permanent pain or suffering. 24 b. An owner of the animal, or a person acting with the 25 consent of the owner, who euthanizes a rabbit in a reasonable 26 manner for purposes of preparing the rabbit for human 27 consumption. 28 c. A commercial breeder as defined in section 162.2 who 29 tail docks a dog or removes the dewclaw of a dog, if all of the 30 following apply: 31 (1) The commercial breeder has been issued a valid 32 authorization by the department under chapter 162. 33 (2) The dog is five days or younger in age. 34 2. d. A person acting to carry out an order issued by a 35 -2- SF2365.5314 (2) 87 asf/rj 2/ 10

court. 1 3. e. A licensed veterinarian practicing veterinary 2 medicine as provided in chapter 169 . 3 4. f. A person acting in order to carry out another 4 provision of law which allows the conduct. 5 5. g. A person taking, hunting, trapping, or fishing for a 6 wild animal as provided in chapter 481A . 7 6. h. A person acting to protect the person’s property from 8 a wild animal as defined in section 481A.1 . 9 7. i. A person acting to protect a person from injury or 10 death caused by a wild animal as defined in section 481A.1 . 11 8. j. A person reasonably acting to protect the person’s 12 property from damage caused by an unconfined animal. 13 9. k. A person reasonably acting to protect a person from 14 injury or death caused by an unconfined animal. 15 10. l. A local authority reasonably acting to destroy an 16 animal, if at the time of the destruction, the owner of the 17 animal is absent or unable to care for the animal, and the 18 animal is permanently distressed by disease or injury to a 19 degree that would result in severe and prolonged suffering. 20 11. m. A research facility, as defined in section 162.2 , 21 provided that if the research facility has been issued a valid 22 authorization by the department pursuant to chapter 162, and 23 the research facility performs functions within the scope of 24 accepted practices and disciplines associated with the research 25 facility. 26 3. A person who commits animal abuse that causes injury to 27 an animal is guilty of a serious misdemeanor. 28 4. A person who commits animal abuse that causes serious 29 injury or death to an animal is guilty of an aggravated 30 misdemeanor. 31 5. Notwithstanding subsection 4, a person who commits 32 animal abuse that causes serious injury or death to an animal 33 is guilty of a class “D” felony if the person has previously 34 been convicted of committing animal abuse pursuant to this 35 -3- SF2365.5314 (2) 87 asf/rj 3/ 10

section, animal neglect punishable as a serious misdemeanor 1 or aggravated misdemeanor pursuant to section 717B.3, animal 2 torture pursuant to section 717B.3A, injury to or interference 3 with a police service dog pursuant to section 717B.9, 4 bestiality pursuant to section 717C.1, or an act involving a 5 contest event prohibited in section 717D.2. 6 Sec. ___. Section 717B.3, Code 2018, is amended to read as 7 follows: 8 717B.3 Animal neglect —— penalties . 9 1. A person who impounds or commits animal neglect when 10 the person owns or has custody of an animal, confines , in any 11 place, an that animal , is guilty of animal neglect if the 12 person does any of the following: 13 a. Fails and knowingly or recklessly fails to supply the 14 animal during confinement with a sufficient quantity of food or 15 water. provide the animal with any of the following: 16 a. Access to food in an amount and quality reasonably 17 sufficient to satisfy the animal’s basic nutrition level to the 18 extent that the animal’s health or life is endangered. 19 b. Fails to provide a confined dog or cat with adequate 20 shelter. Access to a supply of potable water in an amount 21 reasonably sufficient to satisfy the animal’s basic hydration 22 level to the extent that the animal’s health or life is 23 endangered. Access to snow or ice does not satisfy this 24 requirement. 25 c. Tortures, deprives of necessary sustenance, mutilates, 26 beats, or kills an animal by any means which causes unjustified 27 pain, distress, or suffering. Sanitary conditions free from 28 excessive animal waste or the overcrowding of animals to the 29 extent that the animal’s health or life is endangered. 30 d. Ventilated shelter reasonably sufficient to provide 31 adequate protection from the elements and weather conditions 32 suitable for the age, species, and physical condition of the 33 animal so as to maintain the animal in a state of good health 34 to the extent that the animal’s health or life is endangered. 35 -4- SF2365.5314 (2) 87 asf/rj 4/ 10

The shelter must protect the animal from wind, rain, snow, or 1 sun and have adequate bedding to provide reasonable protection 2 against cold and dampness. A shelter may include a residence, 3 garage, barn, shed, or doghouse. 4 e. Grooming, to the extent it is reasonably necessary to 5 prevent adverse health effects or suffering. 6 f. (1) Veterinary care deemed reasonably necessary to 7 relieve an animal’s distress from any of the following: 8 (a) A condition caused by failing to provide for the 9 animal’s welfare as described in paragraphs “a” through “e” . 10 (b) An injury or serious illness suffered by the animal 11 causing the animal to suffer prolonged pain and suffering. 12 (2) This paragraph “f” does not apply to any of the 13 following: 14 (a) An animal for which the cost of such veterinary care is 15 not reasonably affordable by the animal’s owner, so long as the 16 animal’s owner makes appropriate and reasonable arrangements 17 to transfer ownership and possession of the animal to a person 18 who agrees to provide such care. 19 (b) The animal’s owner provides for the euthanasia of the 20 animal, and all of the following apply: 21 (i) The animal suffers from an illness or injury. 22 (ii) There is no reasonable probability that reasonable 23 veterinary care could alleviate the animal’s illness or injury. 24 2. This section does not apply to conduct engaged in by a 25 research facility, as defined in section 162.2 , provided that 26 if the research facility performs functions within the scope of 27 accepted practices and disciplines associated with the research 28 facility. 29 3. A person who negligently or intentionally commits the 30 offense of animal neglect is guilty of a simple misdemeanor. A 31 person who intentionally commits the offense of animal neglect 32 which results in serious injury to or the death of an animal is 33 guilty of a serious misdemeanor. 34 4. A person who commits animal neglect that causes injury to 35 -5- SF2365.5314 (2) 87 asf/rj 5/ 10

an animal is guilty of a serious misdemeanor. 1 5. A person who commits animal neglect that causes serious 2 injury or death to an animal is guilty of an aggravated 3 misdemeanor. 4 6. Notwithstanding subsection 5, a person who commits 5 animal neglect that causes serious injury or death to an 6 animal is guilty of a class “D” felony if the person has been 7 previously convicted of animal abuse pursuant to section 8 717B.2, animal neglect punishable as a serious misdemeanor or 9 aggravated misdemeanor pursuant to this section, animal torture 10 pursuant to section 717B.3A, injury to or interference with 11 a police service dog pursuant to section 717B.9, bestiality 12 pursuant to section 717C.1, or an act involving a contest event 13 prohibited in section 717D.2. 14 Sec. ___. Section 717B.3A, Code 2018, is amended to read as 15 follows: 16 717B.3A Animal torture —— penalties . 17 1. A person is guilty of animal torture , regardless of 18 whether the person is the owner of the animal, if when the 19 person inflicts knowingly acts to inflict upon the an animal 20 severe and prolonged or repeated physical pain with a depraved 21 or sadistic intent to cause , if such act causes all of the 22 following: 23 a. The animal’s prolonged or repeated suffering . 24 b. The animal’s serious injury or death. 25 2. This section shall not apply to conduct engaged in by any 26 of the following: 27 a. A person acting to carry out an order issued by a court. 28 b. A licensed veterinarian practicing veterinary medicine as 29 provided in chapter 169 . 30 c. A person carrying out a practice that is consistent with 31 animal husbandry practices. 32 d. c. A person acting in order to carry out another 33 provision of law which allows the conduct. 34 e. d. A person taking, hunting, trapping, or fishing for a 35 -6- SF2365.5314 (2) 87 asf/rj 6/ 10

wild animal as provided in chapter 481A . 1 f. e. A person acting to protect the person’s property from 2 a wild animal as defined in section 481A.1 . 3 g. f. A person acting to protect a person from injury 4 bodily harm or death caused by a wild animal as defined in 5 section 481A.1 . 6 h. g. A person reasonably acting reasonably to protect the 7 person’s property from damage caused by an unconfined animal. 8 i. h. A person reasonably acting reasonably to protect a 9 person from injury bodily harm or death caused by an unconfined 10 animal. 11 j. i. A local authority acting reasonably acting to 12 destroy euthanize an animal, if at the time of the destruction 13 euthanasia , the owner of the animal is absent or unable to care 14 for the animal, and the animal is permanently distressed by 15 disease or injury to a degree that would result in severe and 16 prolonged suffering. 17 k. j. A research facility, as defined in section 162.2 , 18 provided that if the research facility has been issued a valid 19 authorization by the department pursuant to chapter 162, and 20 the research facility performs functions within the scope of 21 accepted practices and disciplines associated with the research 22 facility. 23 3. a. The following shall apply to a person who commits 24 animal torture: 25 (1) For the first conviction, the person is guilty of an 26 aggravated misdemeanor. The sentencing order shall provide 27 that the person submit to psychological evaluation and 28 treatment according to terms required by the court. The costs 29 of the evaluation and treatment shall be paid by the person. 30 In addition, the sentencing order shall provide that the person 31 complete a community work requirement, which may include a work 32 requirement performed at an animal shelter or pound, as defined 33 in section 162.2 , according to terms required by the court. 34 (2) For a second or subsequent conviction, the person is 35 -7- SF2365.5314 (2) 87 asf/rj 7/ 10

guilty of a class “D” felony. The sentencing order shall 1 provide that the person submit to psychological evaluation and 2 treatment according to terms required by the court. The costs 3 of the psychological evaluation and treatment shall be paid by 4 the person. 5 b. The juvenile court shall have exclusive original 6 jurisdiction in a proceeding concerning a child who is alleged 7 to have committed animal torture, in the manner provided in 8 section 232.8 . The juvenile court shall not waive jurisdiction 9 in a proceeding concerning such an offense alleged to have been 10 committed by a child under the age of seventeen. 11 4. A person who commits animal torture is guilty of a class 12 “D” felony. 13 5. Notwithstanding subsection 4, a person who commits 14 animal torture is guilty of a class “C” felony if the person 15 has previously been convicted of committing animal abuse 16 pursuant to section 717B.2, animal neglect punishable as a 17 serious misdemeanor or aggravated misdemeanor pursuant to 18 section 717B.3, animal torture pursuant to this section, injury 19 to or interference with a police service dog pursuant to 20 section 717B.9, bestiality pursuant to section 717C.1, or an 21 act involving a contest event prohibited in section 717D.2. 22 Sec. ___. NEW SECTION . 717B.3B Animal mistreatment —— court 23 order —— evaluation and treatment. 24 1. At the time of a person’s conviction for a form of 25 animal mistreatment, a court may enter an order requiring the 26 person to undergo a psychological or psychiatric evaluation 27 and to undergo any treatment that the court determines to be 28 appropriate after due consideration of the evaluation. 29 2. Notwithstanding subsection 1, the court shall enter an 30 order described in that subsection, if the convicted person is 31 any of the following: 32 a. A juvenile. 33 b. An adult convicted of animal abuse punishable as an 34 aggravated misdemeanor or class “D” felony pursuant to section 35 -8- SF2365.5314 (2) 87 asf/rj 8/ 10

717B.2, animal neglect punishable as an aggravated misdemeanor 1 or class “D” felony pursuant to section 717B.3, or animal 2 torture punishable as a class “D” felony or class “C” felony 3 pursuant to section 717B.3A. 4 3. The costs of undergoing a psychological or psychiatric 5 evaluation and undergoing any treatment ordered by the court 6 shall be borne by the convicted person, unless the person is 7 a juvenile. 8 4. An order made under this section is in addition to any 9 other order or sentence of the court. 10 5. Any violation of the court order shall be punished as 11 contempt of court pursuant to chapter 665. 12 Sec. ___. NEW SECTION . 717B.3C Animal mistreatment —— 13 sentencing order —— prohibitions. 14 1. At the time of a person’s sentencing for a form of animal 15 mistreatment, a court may prohibit the person from owning or 16 obtaining custody of an animal or residing in the same dwelling 17 where an animal is kept. The period of the prohibition shall 18 be not less than one year. 19 2. Notwithstanding subsection 1, the court shall enter an 20 order described in that subsection, if the convicted person has 21 committed animal abuse punishable as an aggravated misdemeanor 22 or class “D” felony pursuant to section 717B.2, animal neglect 23 punishable as an aggravated misdemeanor or class “D” felony 24 pursuant to section 717B.3, or animal torture punishable as 25 a class “D” felony or class “C” felony pursuant to section 26 717B.3A. The period of such prohibition shall be not less than 27 five years. 28 3. The duration of a prohibition described in this 29 section commences on the date that the person is placed on 30 probation, released on parole or work release, or released from 31 incarceration or from placement in a juvenile facility. 32 4. An order made pursuant to this section is in addition to 33 any other order or sentence of the court. 34 5. Any violation of the court order described in this 35 -9- SF2365.5314 (2) 87 asf/rj 9/ 10

section is a public offense and shall be punished as a simple 1 misdemeanor. 2 Sec. ___. Section 717B.8, Code 2018, is amended to read as 3 follows: 4 717B.8 Abandonment of cats and dogs —— penalties. 5 1. A person who has ownership or custody of a cat or dog 6 shall not abandon the cat or dog , except the person may deliver 7 the . 8 2. This section does not apply to any of the following: 9 a. The delivery of a cat or dog to another person who will 10 accept ownership and custody or the person may deliver of the 11 cat or dog. 12 b. The delivery of a cat or dog to an animal shelter or 13 pound as defined in section 162.2 that has been issued a valid 14 authorization by the department under chapter 162 . 15 c. A person who relinquishes custody of a cat at a location 16 in which the person does not hold a legal or equitable 17 interest, if previously the person had taken custody of the cat 18 at the same location and provided for the cat’s sterilization 19 by a licensed veterinarian practicing veterinary medicine 20 pursuant to chapter 169. 21 3. A person who violates this section is guilty of a simple 22 misdemeanor. 23 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, subsection 24 3, shall not apply to this Act. > 25 2. Title page, by striking lines 1 through 3 and inserting 26 < An Act relating to the protection of and assistance provided 27 by animals and the misrepresentation of an animal as a service 28 animal or a service-animal-in-training and providing for > 29 ______________________________ PAUSTIAN of Scott -10- SF2365.5314 (2) 87 asf/rj 10/ 10 #2.