Senate File 2233 - Introduced



                                       SENATE FILE       
                                       BY  BEALL


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

                                      A BILL FOR

  1 An Act requiring the psychological evaluation of a person
  2    convicted of animal torture.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5736SS 81
  5 da/cf/24

PAG LIN



  1  1    Section 1.  Section 717B.3A, subsection 3, paragraph a,
  1  2 subparagraphs (1) and (2), Code 2005, are amended to read as
  1  3 follows:
  1  4    (1)  For the first conviction, the person is guilty of an
  1  5 aggravated misdemeanor.  Prior to sentencing, the court shall
  1  6 order that the person submit to a psychological evaluation.
  1  7 The sentencing order shall provide that the person submit to
  1  8 psychological evaluation and treatment according to terms
  1  9 required by the court.  The costs of the psychological
  1 10 evaluation and psychological treatment shall be paid by the
  1 11 person.  In addition, the sentencing order shall provide that
  1 12 the person complete a community work requirement, which may
  1 13 include a work requirement performed at an animal shelter or
  1 14 pound, as defined in section 162.2, according to terms
  1 15 required by the court.
  1 16    (2)  For a second or subsequent conviction, the person is
  1 17 guilty of a class "D" felony.  Prior to sentencing, the court
  1 18 shall order that the person submit to a psychological
  1 19 evaluation.  The sentencing order shall provide that the
  1 20 person submit to psychological evaluation and treatment
  1 21 according to terms required by the court.  The costs of the
  1 22 psychological evaluation and psychological treatment shall be
  1 23 paid by the person.
  1 24                           EXPLANATION
  1 25    This bill amends Code chapter 717B, which provides for
  1 26 offenses relating to the mistreatment of animals.  Code
  1 27 section 717B.1 defines "animal" to exclude certain animals
  1 28 from the chapter's application including livestock and wild
  1 29 animals (game and nongame species).  Code chapter 717 provides
  1 30 for offenses relating to the mistreatment of livestock.
  1 31    The bill amends Code section 717B.3A which creates an
  1 32 offense referred to as "animal torture".  Currently law
  1 33 provides that a person is guilty of animal torture if the
  1 34 person inflicts upon an animal severe physical pain with a
  1 35 depraved or sadistic intent to cause prolonged suffering or
  2  1 death.  A person convicted of animal torture is guilty of an
  2  2 aggravated misdemeanor for the first offense and a class "D"
  2  3 felony for a subsequent offense.  In both instances, a court's
  2  4 sentencing order must provide that the person submit to
  2  5 psychological evaluation and treatment according to terms
  2  6 required by the court.  The costs of the evaluation and
  2  7 treatment must be paid by the person.
  2  8    This bill provides that the person must submit to a
  2  9 psychological evaluation prior to sentencing.
  2 10 LSB 5736SS 81
  2 11 da:rj/cf/24