House File 737 S-5062 Amend House File 737, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 717B.1, Code 2020, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 3A. “Commercial establishment” means the 6 same as defined in section 162.2. 7 Sec. 2. Section 717B.2, unnumbered paragraph 1, Code 2020, 8 is amended to read as follows: 9 A person is guilty of commits animal abuse if the person 10 intentionally injures, maims, disfigures, or destroys an animal 11 owned by another person, in any manner, including intentionally 12 poisoning the animal. A person guilty of who commits animal 13 abuse is guilty of an aggravated misdemeanor. Animal neglect 14 as provided in section 717B.3 is not an included offense of 15 animal abuse. On a charge of animal abuse, the court shall 16 not accept a plea agreement unless the agreement includes 17 a plea of guilty to the offense of animal abuse. A person 18 sentenced for committing animal abuse shall be sentenced to 19 and shall serve the maximum period of imprisonment for the 20 offense, notwithstanding any other provision of law to the 21 contrary. The person’s sentence shall not be reduced under 22 chapter 903A or any other provision of law. In addition, 23 the sentencing order shall provide that the person complete 24 a supervised community work requirement, which may include a 25 work requirement performed at an animal shelter or pound, as 26 those terms are defined in section 162.2, according to terms 27 required by the court. This section shall not apply to any of 28 the following: 29 Sec. 3. Section 717B.2, Code 2020, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 12. A commercial establishment, provided 32 that the commercial establishment’s conduct complies with 33 applicable standard of care requirements in section 162.10A. 34 Sec. 4. Section 717B.3, subsection 1, unnumbered paragraph 35 -1- HF737.3531 (3) 88 da/ns 1/ 5 #1.

1, Code 2020, is amended to read as follows: 1 A person who impounds or confines, in any place, an animal is 2 guilty of commits animal neglect if the person does any of the 3 following: 4 Sec. 5. Section 717B.3, subsection 2, Code 2020, is amended 5 to read as follows: 6 2. This section does not apply to a any of the following: 7 a. A person who is issued or renewed an authorization as 8 provided in chapter 162, or a person acting under the direction 9 or supervision of the person, if all of the following apply: 10 (1) The animal, as described in subsection 1, was maintained 11 as part of the commercial establishment’s operation. 12 (2) In providing conditions for the welfare of the animal, 13 as described in subsection 1, the person complied with the 14 standard of care requirements provided in section 162.10A, 15 subsection 1, including any applicable rules adopted by the 16 department applying to any of the following: 17 (a) A state licensee or registrant operating pursuant to 18 section 162.10A, subsection 2, paragraph “a” or “b” . 19 (b) A permittee operating pursuant to section 162.10A, 20 subsection 2, paragraph “c” . 21 b. A research facility, as defined in section 162.2 , 22 provided that if the research facility performs functions 23 within the scope of accepted practices and disciplines 24 associated with the research facility. 25 Sec. 6. Section 717B.3, subsection 3, Code 2020, is amended 26 to read as follows: 27 3. a. A person who negligently or intentionally commits 28 the offense of animal neglect is guilty of a simple serious 29 misdemeanor. 30 b. A person who intentionally commits the offense of animal 31 neglect which results in serious injury to or the death of an 32 animal is guilty of a serious an aggravated misdemeanor. In 33 addition, the sentencing order shall provide that the person 34 complete a supervised community work requirement, which may 35 -2- HF737.3531 (3) 88 da/ns 2/ 5

include a work requirement performed at an animal shelter or 1 pound, as those terms are defined in section 162.2, according 2 to terms required by the court. 3 Sec. 7. Section 717B.3A, subsection 1, Code 2020, is amended 4 to read as follows: 5 1. A person is guilty of commits animal torture, regardless 6 of whether the person is the owner of the animal, if the person 7 intentionally inflicts upon the animal severe physical pain 8 with a depraved or sadistic intent to cause in a manner that 9 causes the animal’s prolonged suffering or death. 10 Sec. 8. Section 717B.3A, subsection 2, Code 2020, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . l. A commercial establishment, provided that 13 the commercial establishment’s conduct complies with applicable 14 standard of care requirements in section 162.10A. 15 Sec. 9. Section 717B.3A, subsection 3, Code 2020, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . c. (1) A person convicted of animal torture 18 shall also be sentenced, in addition to any other punishment 19 provided by law, to an additional term of confinement 20 committing the person into the custody of the director of the 21 department of corrections for a period of not less than one 22 year but not more than three years as determined by the court, 23 with eligibility for parole as provided in chapter 906. The 24 board of parole shall determine whether the person should be 25 released on parole or placed in a work release program. The 26 additional term of confinement imposed under this paragraph 27 shall commence upon completion of the sentence imposed under 28 paragraph “a” , subparagraph (1) or (2), or any other applicable 29 criminal sentencing provisions for the underlying criminal 30 offense, and the person shall begin the additional term of 31 confinement under supervision as if on parole or work release. 32 The person shall be placed on the corrections continuum 33 described in chapter 901B, and the terms and conditions of the 34 additional term of confinement, including any violations, shall 35 -3- HF737.3531 (3) 88 da/ns 3/ 5

be subject to the same procedures set forth in chapters 901B, 1 905, 906, and 908, and rules adopted under those chapters for 2 persons on parole or work release. 3 (2) The revocation of parole or work release may be 4 for a period of up to six months upon a first revocation, 5 and up to one year upon a second or subsequent revocation. 6 Notwithstanding section 903.4, the place of confinement after 7 any revocation shall be at a correctional institution or 8 facility. 9 Sec. 10. Section 901.5, Code 2020, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 14. In addition to any other sentence or 12 other penalty imposed against the defendant, the court shall 13 impose an additional term of confinement if required under 14 section 717B.3A, subsection 3, paragraph “c” . 15 Sec. 11. Section 902.12, Code 2020, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 6. A person serving a sentence for a 18 conviction for animal torture in violation of section 717B.3A 19 that occurs on or after July 1, 2020, shall be denied parole or 20 work release until the person has served seven-tenths of the 21 maximum term of the person’s sentence. 22 Sec. 12. Section 907.3, subsection 1, paragraph a, Code 23 2020, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (15) The offense is a violation of 25 section 717B.3A. 26 Sec. 13. Section 907.3, subsection 2, paragraph a, Code 27 2020, is amended by adding the following new subparagraph: 28 NEW SUBPARAGRAPH . (9) The offense is a violation of section 29 717B.3A. 30 Sec. 14. Section 907.3, subsection 3, Code 2020, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . h. The offense is a violation of section 33 717B.3A. > 34 -4- HF737.3531 (3) 88 da/ns 4/ 5