H-8435

   Amend House File 2348, as passed by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 717B.3A, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person is guilty of animal torture if the person intentionally, willfully, and maliciously mutilates, burns, poisons, drowns, starves, or causes intensive or prolonged pain or death to a companion animal, or causes, directs, or provides anything of value to another person to do the same.
   Sec. 2.  Section 717B.3A, subsections 4 and 5, Code 2026, are amended to read as follows:
   4.  A person who commits animal torture in violation of subsection 1 is guilty of an aggravated misdemeanor.  A person who commits animal torture in violation of subsection 1A is guilty of a class “D” felony.
   5.  Notwithstanding subsection 4, a person who commits animal torture is guilty of a class “D” felony shall be guilty of an offense one degree higher than the underlying offense if the person has previously been convicted of committing animal abuse pursuant to section 717B.2, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to section 717B.3, animal torture pursuant to this section, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.>