Senate Amendment to House File 737 H-8084 Amend House File 737, as passed by the House, as follows: 1 1. Page 2, line 6, by striking < 2019 > and inserting < 2020 > 2 2. Page 2, line 10, by striking < 2019 > and inserting < 2020 > 3 3. Page 3, line 12, by striking < 2019 > and inserting < 2020 > 4 4. Page 3, lines 33 and 34, by striking < practicing 5 veterinary medicine as provided in chapter 169 > and inserting 6 < practicing veterinary medicine as provided in chapter 169 > 7 5. Page 4, line 18, after < issued > by inserting < or renewed > 8 6. Page 5, line 9, by striking < 2019 > and inserting < 2020 > 9 7. Page 6, by striking lines 16 through 21 and inserting: 10 < 2. This section does not apply to a any of the following: 11 a. A person issued or renewed an authorization to operate 12 a commercial establishment, or a person acting under the 13 direction or supervision of that person, if all of the 14 following apply: 15 (1) The animal, as described in subsection 1, was maintained 16 as part of the commercial establishment’s operation. 17 (2) In providing conditions for the welfare of the animal, 18 as described in subsection 1, the person complied with the 19 standard of care requirements provided in section 162.10A, 20 subsection 1, including any applicable rules adopted by the 21 department applying to any of the following: 22 (a) A state licensee or registrant operating pursuant to 23 section 162.10A, subsection 2, paragraph “a” or “b” . 24 (b) A permittee operating pursuant to section 162.10A, 25 subsection 2, paragraph “c” . 26 b. A research facility, as defined in section 162.2 , 27 provided that if the research facility has been issued or 28 renewed a valid authorization by the department pursuant 29 to chapter 162, and performs functions within the scope of 30 accepted practices and disciplines associated with the research 31 facility. > 32 8. Page 7, line 9, by striking < 2019 > and inserting < 2020 > 33 9. Page 7, lines 20 and 21, by striking < practicing 34 veterinary medicine as provided in chapter 169 > and inserting 35 -1- HF737.3553.S (1) 88 mb 1/ 3 #1. #2. #3. #4. #5. #6. #7. #8.
< practicing veterinary medicine as provided in chapter 169 > 1 10. Page 8, line 10, after < issued > by inserting < or 2 renewed > 3 11. Page 9, by striking lines 9 and 10 and inserting: 4 < 4. a. A person who commits animal torture is guilty of an 5 aggravated misdemeanor. > 6 12. Page 9, line 11, by striking < 5. > and inserting < b. > 7 13. Page 9, line 11, by striking < subsection 4 > and 8 inserting < paragraph “a” > 9 14. Page 9, line 12, by striking < “C” > and inserting < “D” > 10 15. Page 9, after line 19 by inserting: 11 < c. (1) A person convicted of animal torture shall also 12 be sentenced, in addition to any other punishment provided 13 by law, to an additional term of confinement committing the 14 person into the custody of the director of the department of 15 corrections for a period of not less than one year but not more 16 than three years as determined by the court, with eligibility 17 for parole as provided in chapter 906. The board of parole 18 shall determine whether the person should be released on parole 19 or placed in a work release program. The additional term of 20 confinement imposed under this paragraph shall commence upon 21 completion of the sentence imposed under paragraph “a” or “b” , 22 or any other applicable criminal sentencing provisions for 23 the underlying criminal offense, and the person shall begin 24 the additional term of confinement under supervision as if on 25 parole or work release. The person shall be placed on the 26 corrections continuum described in chapter 901B, and the terms 27 and conditions of the additional term of confinement, including 28 any violations, shall be subject to the same procedures set 29 forth in chapters 901B, 905, 906, and 908, and rules adopted 30 under those chapters for persons on parole or work release. 31 (2) The revocation of parole or work release may be 32 for a period of up to six months upon a first revocation, 33 and up to one year upon a second or subsequent revocation. 34 Notwithstanding section 903.4, the place of confinement after 35 -2- HF737.3553.S (1) 88 mb 2/ 3 #10. #11. #12. #13. #14. #15.
any revocation shall be at a correctional institution or 1 facility. > 2 16. Page 10, line 10, by striking < 2019 > and inserting 3 < 2020 > 4 17. Page 10, line 22, after < issued > by inserting < or 5 renewed > 6 18. Page 11, after line 2 by inserting: 7 < Sec. ___. Section 901.5, Code 2020, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 14. In addition to any other sentence or 10 other penalty imposed against the defendant, the court shall 11 impose an additional term of confinement if required under 12 section 717B.3A, subsection 4. 13 Sec. ___. Section 902.12, Code 2020, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 6. A person serving a sentence for a 16 conviction for animal torture in violation of section 717B.3A 17 that occurs on or after July 1, 2020, shall be denied parole or 18 work release until the person has served seven-tenths of the 19 maximum term of the person’s sentence. 20 Sec. ___. Section 907.3, subsection 1, paragraph a, Code 21 2020, is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (15) The offense is a violation of 23 section 717B.3A. 24 Sec. ___. Section 907.3, subsection 2, paragraph a, Code 25 2020, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (9) The offense is a violation of section 27 717B.3A. 28 Sec. ___. Section 907.3, subsection 3, Code 2020, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . h. The offense is a violation of section 31 717B.3A. > 32 19. By renumbering as necessary. 33 -3- HF737.3553.S (1) 88 mb 3/ 3 #16. #17. #18.