House File 2555 - Introduced



                                       HOUSE FILE       
                                       BY  BUKTA


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for intact dogs running at large, and providing
  2    a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6224HH 81
  5 da/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  351.45  INTACT DOGS RUNNING AT
  1  2 LARGE AND INFLICTING SERIOUS PHYSICAL INJURY == PENALTY.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Intact dog" means a dog which has not been sterilized
  1  6 by a procedure which permanently destroys the capacity of a
  1  7 dog to reproduce, either by the surgical removal or alteration
  1  8 of its reproductive organs, or by the injection or ingestion
  1  9 of a serum.
  1 10    b.  "Police service dog" means the same as defined in
  1 11 section 717B.9.
  1 12    c.  "Serious physical injury" means a physical injury that
  1 13 creates a substantial risk of death or that causes death,
  1 14 serious disfigurement, protracted impairment of health, or
  1 15 impairment of the function of any bodily organ, or that
  1 16 requires plastic surgery.
  1 17    2.  If a person who owns an intact dog knowingly allows the
  1 18 intact dog to run at large and the intact dog inflicts serious
  1 19 physical injury on a person, the person who owns the intact
  1 20 dog is guilty of an aggravated misdemeanor.
  1 21    3.  This section does not apply to any of the following:
  1 22    a.  A police service dog.
  1 23    b.  A dog that is engaged in taking, hunting, or trapping a
  1 24 wild animal as provided in chapter 481A, if all of the
  1 25 following apply:
  1 26    (1)  The intact dog is monitored or supervised by a person.
  1 27    (2)  The person who monitors or supervises the intact dog
  1 28 is lawfully permitted to be on the land for the purpose of
  1 29 taking, hunting, or trapping a wild animal.
  1 30    (3)  The person who monitors or supervises the intact dog
  1 31 obtains a written statement by the titleholder or leaseholder
  1 32 of the land consenting to the intact dog's presence on the
  1 33 land.
  1 34    c.  An intact dog that is participating in a legitimate
  1 35 exercise which is limited to training or participating in a
  2  1 field meet or trial, and all of the following apply:
  2  2    (1)  The legitimate exercise involves a skill associated
  2  3 with herding a domestic animal or hunting, including but not
  2  4 limited to pointing, retrieving, trailing, or chasing any wild
  2  5 animal.
  2  6    (2)  The intact dog is monitored or supervised by a person.
  2  7    (3)  The person who monitors or supervises the dog is
  2  8 lawfully permitted to be on the land for the purpose of
  2  9 conducting the legitimate exercise.
  2 10    (4)  The person who monitors or supervises the intact dog
  2 11 obtains a written statement by the titleholder or leaseholder
  2 12 of the land consenting to the intact dog's presence on the
  2 13 land.
  2 14    d.  The intact dog is confined to an area which is
  2 15 designated by the state or a political subdivision as reserved
  2 16 for dogs to play, if the intact dog is monitored or supervised
  2 17 by a person.
  2 18                           EXPLANATION
  2 19    This bill applies to an intact dog that runs at large.  An
  2 20 intact dog is a dog that has not been sterilized (i.e., spayed
  2 21 or neutered).  If a person who owns an intact dog knowingly
  2 22 allows the intact dog to run at large and the intact dog
  2 23 causes serious physical injury to another person, the owner is
  2 24 guilty of an aggravated misdemeanor.  An aggravated
  2 25 misdemeanor is punishable by confinement for no more than two
  2 26 years and a fine of at least $500 but not more than $5,000.
  2 27 The bill provides a number of exceptions for a police service
  2 28 dog; an intact dog that is engaged in taking, hunting, or
  2 29 trapping a wild animal; an intact dog that is participating in
  2 30 a legitimate exercise which is limited to training or
  2 31 participating in a field meet or trial; or an intact dog that
  2 32 is confined to an area reserved for dogs to play.  In all
  2 33 cases, the intact dog must be monitored or supervised by a
  2 34 person.  In the case of a dog that is hunting or participating
  2 35 in a legitimate exercise, the person who is monitoring or
  3  1 supervising the intact dog must obtain written permission from
  3  2 the person who owns or leases the land.
  3  3 LSB 6224HH 81
  3  4 da:nh/cf/24