House File 2286 - Introduced



                                       HOUSE FILE       
                                       BY  PETTENGILL


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

                                      A BILL FOR

  1 An Act providing for criminal penalties for the mistreatment of
  2    livestock and other animals.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5665YH 82
  5 da/nh/5

PAG LIN



  1  1    Section 1.  Section 717.1A, Code 2007, is amended to read
  1  2 as follows:
  1  3    717.1A  LIVESTOCK ABUSE.
  1  4    A person is guilty of commits livestock abuse if the person
  1  5 intentionally injures or destroys livestock owned by another
  1  6 person, in any manner, including, but not limited to,
  1  7 intentionally doing any of the following:  administering drugs
  1  8 or poisons to the livestock, or disabling the livestock by
  1  9 using a firearm or trap.
  1 10    1.  a.  A Except as provided in paragraph "b", a person
  1 11 guilty of who commits livestock abuse commits is guilty of an
  1 12 aggravated misdemeanor.
  1 13    b.  (1)  If convicted of a prior offense under this chapter
  1 14 or chapter 717B within the last ten years, a person who
  1 15 commits livestock abuse is guilty of a class "D" felony.
  1 16    (2)  If the offense involves the abuse of ten or more head
  1 17 of livestock during any uninterrupted period, the person is
  1 18 guilty of a class "D" felony.
  1 19    2.  This section shall not apply to any of the following:
  1 20    1.  a.  A person acting with the consent of the person
  1 21 owning the livestock, unless the action constitutes livestock
  1 22 neglect as provided in section 717.2.
  1 23    2.  b.  A person acting to carry out an order issued by a
  1 24 court.
  1 25    3.  c.  A licensed veterinarian practicing veterinary
  1 26 medicine as provided in chapter 169.
  1 27    4.  d.  A person acting in order to carry out another
  1 28 provision of law which allows the conduct.
  1 29    5.  e.  A person reasonably acting to protect the person's
  1 30 property from damage caused by estray livestock.
  1 31    6.  f.  A person reasonably acting to protect a person from
  1 32 injury or death caused by estray livestock.
  1 33    7.  g.  An institution, as defined in section 145B.1, or a
  1 34 research facility, as defined in section 162.2, provided that
  1 35 the institution or research facility performs functions within
  2  1 the scope of accepted practices and disciplines associated
  2  2 with the institution or research facility.
  2  3    Sec. 2.  Section 717.2, subsection 2, Code 2007, is amended
  2  4 to read as follows:
  2  5    2.  a.  A This paragraph "a" applies to a person who
  2  6 commits the offense of livestock neglect which does not result
  2  7 in serious injury to or the death of livestock.
  2  8    (1)  Except as provided in subparagraph (2), the person is
  2  9 guilty of a simple misdemeanor.
  2 10    (2)  (a)  If convicted of a prior offense under this
  2 11 chapter or chapter 717B within the last ten years, the person
  2 12 is guilty of a serious misdemeanor.
  2 13    (b)  If the offense involves the neglect of ten or more
  2 14 head of livestock during any uninterrupted period, the person
  2 15 is guilty of a serious misdemeanor.  However, a person does
  2 16 not commit more than one offense of livestock neglect when
  2 17 care or sustenance is not provided to multiple head of
  2 18 livestock during any such period.
  2 19    b.  A This paragraph "b" applies to a person who
  2 20 intentionally commits the offense of livestock neglect which
  2 21 results in serious injury to or the death of livestock.
  2 22    (1)  Except as provided in subparagraph (2), the person is
  2 23 guilty of a serious misdemeanor.
  2 24    (2)  (a)  If convicted of a prior offense under this
  2 25 chapter or chapter 717B within the last ten years, the person
  2 26 is guilty of an aggravated misdemeanor.
  2 27    (b)  If the offense involves the neglect of ten or more
  2 28 head of livestock during any uninterrupted period, the person
  2 29 is guilty of an aggravated misdemeanor.  However, a person
  2 30 shall not be guilty of does not commit more than one offense
  2 31 of livestock neglect punishable as a serious misdemeanor, when
  2 32 care or sustenance is not provided to multiple head of
  2 33 livestock during any such period of uninterrupted neglect.
  2 34    Sec. 3.  Section 717B.2, Code 2007, is amended to read as
  2 35 follows:
  3  1    717B.2  ANIMAL ABUSE.
  3  2    A person is guilty of commits animal abuse if the person
  3  3 intentionally injures, maims, disfigures, or destroys an
  3  4 animal owned by another person, in any manner, including
  3  5 intentionally poisoning the animal.
  3  6    1.  a.  A Except as provided in paragraph "b", a person
  3  7 guilty of who commits animal abuse is guilty of an aggravated
  3  8 misdemeanor.
  3  9    b.  (1)  If convicted of a prior offense under this chapter
  3 10 or chapter 717 within the last ten years, a person who commits
  3 11 animal abuse is guilty of a class "D" felony.
  3 12    (2)  If the offense involves the abuse of ten or more
  3 13 animals during any uninterrupted period, the person is guilty
  3 14 of a class "D" felony.
  3 15    2.  This section shall not apply to any of the following:
  3 16    1.  a.  A person acting with the consent of the person
  3 17 owning the animal, unless the action constitutes animal
  3 18 neglect as provided in section 717B.3.
  3 19    2.  b.  A person acting to carry out an order issued by a
  3 20 court.
  3 21    3.  c.  A licensed veterinarian practicing veterinary
  3 22 medicine as provided in chapter 169.
  3 23    4.  d.  A person acting in order to carry out another
  3 24 provision of law which allows the conduct.
  3 25    5.  e.  A person taking, hunting, trapping, or fishing for
  3 26 a wild animal as provided in chapter 481A.
  3 27    6.  f.  A person acting to protect the person's property
  3 28 from a wild animal as defined in section 481A.1.
  3 29    7.  g.  A person acting to protect a person from injury or
  3 30 death caused by a wild animal as defined in section 481A.1.
  3 31    8.  h.  A person reasonably acting to protect the person's
  3 32 property from damage caused by an unconfined animal.
  3 33    9.  i.  A person reasonably acting to protect a person from
  3 34 injury or death caused by an unconfined animal.
  3 35    10.  j.  A local authority reasonably acting to destroy an
  4  1 animal, if at the time of the destruction, the owner of the
  4  2 animal is absent or unable to care for the animal, and the
  4  3 animal is permanently distressed by disease or injury to a
  4  4 degree that would result in severe and prolonged suffering.
  4  5    11.  k.  An institution, as defined in section 145B.1, or a
  4  6 research facility, as defined in section 162.2, provided that
  4  7 the institution or research facility performs functions within
  4  8 the scope of accepted practices and disciplines associated
  4  9 with the institution or research facility.
  4 10    Sec. 4.  Section 717B.3, subsection 3, Code 2007, is
  4 11 amended to read as follows:
  4 12    3.  a.  A This paragraph "a" applies to a person who
  4 13 negligently or intentionally commits the offense of animal
  4 14 neglect which does not result in serious injury to or the
  4 15 death of an animal.
  4 16    (1)  Except as provided in subparagraph (2), the person is
  4 17 guilty of a simple misdemeanor.
  4 18    (2)  (a)  If convicted of a prior offense under this
  4 19 chapter or chapter 717 within the last ten years, the person
  4 20 is guilty of a serious misdemeanor.
  4 21    (b)  If the offense involves the neglect of ten or more
  4 22 animals during any uninterrupted period, the person is guilty
  4 23 of a serious misdemeanor.
  4 24    b.  A This paragraph "b" applies to a person who
  4 25 intentionally commits the offense of animal neglect which
  4 26 results in serious injury to or the death of an animal.
  4 27    (1) Except as provided in subparagraph (2), the person is
  4 28 guilty of a serious misdemeanor.
  4 29    (2)  (a)  If convicted of a prior offense under this
  4 30 chapter or chapter 717 within the last ten years, the person
  4 31 is guilty of an aggravated misdemeanor.
  4 32    (b)  If the offense involves the neglect of ten or more
  4 33 head of livestock during any uninterrupted period, the person
  4 34 is guilty of an aggravated misdemeanor.
  4 35    Sec. 5.  Section 717B.3A, subsection 3, paragraph a, Code
  5  1 2007, is amended to read as follows:
  5  2    a.  The following shall apply to a person who commits
  5  3 animal torture:
  5  4    (1)  For the first conviction Except as provided in
  5  5 subparagraph (2), the person is guilty of an aggravated
  5  6 misdemeanor.
  5  7    (2)  (a)  If convicted of a prior offense under this
  5  8 chapter or chapter 717 within the last ten years, the person
  5  9 is guilty of a class "D" felony.
  5 10    (b)  If the offense involves the torture of ten or more
  5 11 animals during any uninterrupted period, the person is guilty
  5 12 of a class "D" felony.
  5 13    (3)  The sentencing order shall provide that the person
  5 14 submit to psychological evaluation and treatment according to
  5 15 terms required by the court.  The costs of the evaluation and
  5 16 treatment shall be paid by the person.  In addition, for a
  5 17 person's first conviction under this section, the sentencing
  5 18 order shall provide that the person complete a community work
  5 19 requirement, which may include a work requirement performed at
  5 20 an animal shelter or pound, as defined in section 162.2,
  5 21 according to terms required by the court.
  5 22    (2)  For a second or subsequent conviction, the person is
  5 23 guilty of a class "D" felony.  The sentencing order shall
  5 24 provide that the person submit to psychological evaluation and
  5 25 treatment according to terms required by the court.  The costs
  5 26 of the psychological evaluation and treatment shall be paid by
  5 27 the person.
  5 28                           EXPLANATION
  5 29    This bill amends two closely related Code chapters.  Code
  5 30 chapter 717 prohibits a person from mistreating livestock and
  5 31 Code chapter 717B prohibits a person from mistreating other
  5 32 animals.  Code sections 717.1A and 717B.2 provide for abuse
  5 33 (intentionally injuring or destroying livestock or an animal
  5 34 owned by another person); Code sections 717.2 and 717B.3
  5 35 provide for neglect (e.g., confining livestock or another
  6  1 animal and harming it or failing to supply it with food or
  6  2 water); and Code section 717B.3A (inflicting an animal other
  6  3 than livestock with severe physical pain with a depraved or
  6  4 sadistic intent to cause the prolonged suffering or death).
  6  5    The bill amends each of these sections to increase existing
  6  6 criminal penalties in two circumstances:  (1) if the person
  6  7 has been convicted of a prior offense under either chapter
  6  8 within the last ten years, or (2) if the offense involves 10
  6  9 or more head of livestock or 10 or more other animals.  For
  6 10 abuse, the criminal penalty is increased from an aggravated
  6 11 misdemeanor to a serious misdemeanor.  For neglect, the
  6 12 existing law provides that the severity of the criminal
  6 13 penalty depends upon whether the offense results in serious
  6 14 injury or death.  If serious injury or death does not result,
  6 15 the criminal penalty is increased from a simple misdemeanor to
  6 16 a serious misdemeanor.  If the offense is intentionally
  6 17 committed and results in a serious injury or death, the
  6 18 criminal penalty is increased from a serious misdemeanor to an
  6 19 aggravated misdemeanor.  For torture, the existing law already
  6 20 increases the criminal penalty from an aggravated misdemeanor
  6 21 for the first offense to a class "D" felony for a subsequent
  6 22 offense.  The bill rewrites the provisions in the same manner
  6 23 as for other offenses.
  6 24    A simple misdemeanor is punishable by confinement for no
  6 25 more than 30 days or a fine of at least $65 but not more than
  6 26 $625 or by both.  A serious misdemeanor is punishable by
  6 27 confinement for no more than one year and a fine of at least
  6 28 $315 but not more than $1,875.  An aggravated misdemeanor is
  6 29 punishable by confinement for no more than two years and a
  6 30 fine of at least $625 but not more than $6,250.  A class "D"
  6 31 felony is punishable by confinement for no more than five
  6 32 years and a fine of at least $750 but not more than $7,500.
  6 33 LSB 5665YH 82
  6 34 da/nh/5