House File 737 S-5059 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 pursuant to section 162.10A, subsection 2, paragraph 22 “a” , regardless of whether the person has been issued or renewed 23 an authorization as a registrant, permittee, or state licensee. 24 b. A research facility, as defined in section 162.2 , 25 provided that if the research facility has been issued or 26 renewed a valid authorization by the department pursuant 27 to chapter 162, and performs functions within the scope of 28 accepted practices and disciplines associated with the research 29 facility. > 30 8. Page 7, line 9, by striking < 2019 > and inserting < 2020 > 31 9. Page 7, lines 20 and 21, by striking < practicing 32 veterinary medicine as provided in chapter 169 > and inserting 33 < practicing veterinary medicine as provided in chapter 169 > 34 10. Page 8, line 10, after < issued > by inserting < or 35 -1- HF737.3502 (2) 88 da/ns 1/ 3 #1. #2. #3. #4. #5. #6. #7. #8. #9.
renewed > 1 11. Page 9, by striking lines 9 and 10 and inserting: 2 < 4. a. A person who commits animal torture is guilty of an 3 aggravated misdemeanor. > 4 12. Page 9, line 11, by striking < 5. > and inserting < b. > 5 13. Page 9, line 11, by striking < subsection 4 > and 6 inserting < paragraph “a” > 7 14. Page 9, line 12, by striking < “C” > and inserting < “D” > 8 15. Page 9, after line 19 by inserting: 9 < c. (1) A person convicted of animal torture shall also 10 be sentenced, in addition to any other punishment provided 11 by law, to an additional term of confinement committing the 12 person into the custody of the director of the department of 13 corrections for a period of not less than one year but not more 14 than three years as determined by the court, with eligibility 15 for parole as provided in chapter 906. The board of parole 16 shall determine whether the person should be released on parole 17 or placed in a work release program. The additional term of 18 confinement imposed under this paragraph shall commence upon 19 completion of the sentence imposed under paragraph “a” or “b” , 20 or any other applicable criminal sentencing provisions for 21 the underlying criminal offense, and the person shall begin 22 the additional term of confinement under supervision as if on 23 parole or work release. The person shall be placed on the 24 corrections continuum described in chapter 901B, and the terms 25 and conditions of the additional term of confinement, including 26 any violations, shall be subject to the same procedures set 27 forth in chapters 901B, 905, 906, and 908, and rules adopted 28 under those chapters for persons on parole or work release. 29 (2) The revocation of parole or work release may be 30 for a period of up to six months upon a first revocation, 31 and up to one year upon a second or subsequent revocation. 32 Notwithstanding section 903.4, the place of confinement after 33 any revocation shall be at a correctional institution or 34 facility. > 35 -2- HF737.3502 (2) 88 da/ns 2/ 3 #11. #12. #13. #14. #15.
16. Page 10, line 10, by striking < 2019 > and inserting 1 < 2020 > 2 17. Page 10, line 22, after < issued > by inserting < or 3 renewed > 4 18. Page 11, after line 2 by inserting: 5 < Sec. ___. Section 901.5, Code 2020, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 14. In addition to any other sentence or 8 other penalty imposed against the defendant, the court shall 9 impose an additional term of confinement if required under 10 section 717B.3A, subsection 4. 11 Sec. ___. Section 902.12, Code 2020, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 6. A person serving a sentence for a 14 conviction for animal torture in violation of section 717B.3A 15 that occurs on or after July 1, 2020, shall be denied parole or 16 work release until the person has served seven-tenths of the 17 maximum term of the person’s sentence. 18 Sec. ___. Section 907.3, subsection 1, paragraph a, Code 19 2020, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (15) The offense is a violation of 21 section 717B.3A. 22 Sec. ___. Section 907.3, subsection 2, paragraph a, Code 23 2020, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (9) The offense is a violation of section 25 717B.3A. 26 Sec. ___. Section 907.3, subsection 3, Code 2020, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . h. The offense is a violation of section 29 717B.3A. > 30 19. By renumbering as necessary. 31 ______________________________ BRAD ZAUN -3- HF737.3502 (2) 88 da/ns 3/ 3 #16. #17. #18. #19.