Senate File 2138 - Introduced
SENATE FILE
BY McCOY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the mistreatment of animals, and providing
2 penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 717B.1, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 10. "Wild animal" means the same as
1 4 defined in section 481A.1.
1 5 Sec. 2. Section 717B.2, Code 2005, is amended to read as
1 6 follows:
1 7 717B.2 ANIMAL ABUSE.
1 8 1. A person is guilty of animal abuse if the person
1 9 intentionally injures, maims, disfigures, or destroys an
1 10 animal owned by another person, in any manner, including
1 11 intentionally poisoning the animal. A person guilty of animal
1 12 abuse is guilty of an aggravated misdemeanor.
1 13 2. This section shall not apply to any of the following:
1 14 1. a. A person acting with the consent of the person
1 15 owning the animal, unless the action constitutes animal
1 16 neglect as provided in section 717B.3.
1 17 2. b. A person acting to carry out an order issued by a
1 18 court.
1 19 3. c. A licensed veterinarian practicing veterinary
1 20 medicine as provided in chapter 169.
1 21 4. d. A person acting in order to carry out another
1 22 provision of law which allows the conduct.
1 23 5. e. A person taking, hunting, trapping, or fishing for
1 24 a wild animal as provided in chapter 481A.
1 25 6. f. A person acting to protect the person's property
1 26 from a wild animal as defined in section 481A.1.
1 27 7. g. A person acting to protect a person from injury or
1 28 death caused by a wild animal as defined in section 481A.1.
1 29 8. h. A person reasonably acting to protect the person's
1 30 property from damage caused by an unconfined animal.
1 31 9. i. A person reasonably acting to protect a person from
1 32 injury or death caused by an unconfined animal.
1 33 10. j. A local authority reasonably acting to destroy an
1 34 animal, if at the time of the destruction, the owner of the
1 35 animal is absent or unable to care for the animal, and the
2 1 animal is permanently distressed by disease or injury to a
2 2 degree that would result in severe and prolonged suffering.
2 3 11. k. An institution, as defined in section 145B.1, or a
2 4 research facility, as defined in section 162.2, provided that
2 5 the institution or research facility performs functions within
2 6 the scope of accepted practices and disciplines associated
2 7 with the institution or research facility.
2 8 3. a. The following shall apply to a person who commits
2 9 animal abuse:
2 10 (1) For the first conviction, the person is guilty of an
2 11 aggravated misdemeanor. The sentencing order shall provide
2 12 that the person complete a community work requirement, which
2 13 may include a work requirement performed at an animal shelter
2 14 or pound, as defined in section 162.2, according to terms
2 15 required by the court.
2 16 (2) For a second or subsequent conviction, the person is
2 17 guilty of a class "D" felony. The sentencing order shall
2 18 provide that the person submit to psychological evaluation and
2 19 treatment according to terms required by the court. The costs
2 20 of the psychological evaluation and treatment shall be paid by
2 21 the person.
2 22 b. The juvenile court shall have exclusive original
2 23 jurisdiction in a proceeding concerning a child who is alleged
2 24 to have committed animal abuse, in the manner provided in
2 25 section 232.8. The juvenile court shall not waive
2 26 jurisdiction in a proceeding concerning a violation of this
2 27 section alleged to have been committed by a child under the
2 28 age of seventeen.
2 29 Sec. 3. Section 717B.3A, subsection 2, paragraphs f and g,
2 30 Code 2005, are amended to read as follows:
2 31 f. A person acting to protect the person's property from a
2 32 wild animal as defined in section 481A.1.
2 33 g. A person acting to protect a person from injury or
2 34 death caused by a wild animal as defined in section 481A.1.
2 35 Sec. 4. Section 717B.3A, subsection 3, paragraph a,
3 1 subparagraphs (1) and (2), Code 2005, are amended to read as
3 2 follows:
3 3 (1) For the first conviction, the person is guilty of an
3 4 aggravated misdemeanor a class "D" felony. The sentencing
3 5 order shall provide that the person submit to psychological
3 6 evaluation and treatment according to terms required by the
3 7 court. The costs of the evaluation and treatment shall be
3 8 paid by the person. In addition, the sentencing order shall
3 9 provide that the person complete a community work requirement,
3 10 which may include a work requirement performed at an animal
3 11 shelter or pound, as defined in section 162.2, according to
3 12 terms required by the court.
3 13 (2) For a second or subsequent conviction, the person is
3 14 guilty of a class "D" "C" felony. The sentencing order shall
3 15 provide that the person submit to psychological evaluation and
3 16 treatment according to terms required by the court. The costs
3 17 of the psychological evaluation and treatment shall be paid by
3 18 the person.
3 19 EXPLANATION
3 20 This bill amends Code chapter 717B, which provides for
3 21 offenses relating to the mistreatment of animals.
3 22 DEFINTIONS. Code section 717B.1 defines the term "animal"
3 23 to exclude certain animals from the chapter's application,
3 24 including livestock and wild animals (game and nongame
3 25 species). Code chapter 717 provides for offenses relating to
3 26 the mistreatment of livestock. There is no comparable
3 27 provision which prohibits the mistreatment of wildlife.
3 28 ANIMAL ABUSE. The bill amends Code section 717B.2, which
3 29 provides for an offense referred to as "animal abuse".
3 30 Current law provides that a person is guilty of animal abuse
3 31 if the person intentionally injures, maims, disfigures, or
3 32 destroys an animal owned by another person. A person
3 33 convicted of animal abuse is guilty of an aggravated
3 34 misdemeanor for the first offense and any subsequent offense.
3 35 The bill provides that for a first conviction, the sentencing
4 1 order must provide that the person complete a community work
4 2 requirement, which may include a work requirement performed at
4 3 an animal shelter or pound. The bill provides that for a
4 4 second or subsequent conviction, the person is guilty of a
4 5 class "D" felony. In addition, the bill provides that upon a
4 6 second or subsequent conviction the sentencing order must
4 7 provide that the person submit to psychological evaluation and
4 8 treatment according to terms required by the court. The bill
4 9 provides that a juvenile court shall have exclusive original
4 10 jurisdiction in a proceeding concerning a child who is alleged
4 11 to have committed animal abuse. These new provisions are
4 12 substantially similar to those currently provided for animal
4 13 torture pursuant to Code section 717B.3A.
4 14 ANIMAL TORTURE. The bill amends Code section 717B.3A,
4 15 which provides for an offense referred to as "animal torture".
4 16 Current law provides that a person is guilty of animal torture
4 17 if the person inflicts upon an animal severe physical pain
4 18 with a depraved or sadistic intent to cause prolonged
4 19 suffering or death. A person convicted of animal torture is
4 20 guilty of an aggravated misdemeanor for the first offense and
4 21 a class "D" felony for a subsequent offense. The bill
4 22 increases the penalty for animal torture to a class "D" felony
4 23 for a first offense and to a class "C" felony for a second or
4 24 subsequent offense.
4 25 PENALTIES. An aggravated misdemeanor is punishable by
4 26 confinement for no more than two years and a fine of at least
4 27 $500 but not more than $5,000. A class "D" felony is
4 28 punishable by confinement for no more than five years and a
4 29 fine of at least $750 but not more than $7,500. A class "C"
4 30 felony is punishable by confinement for no more than 10 years
4 31 and a fine of at least $1,000 but not more than $10,000.
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