Senate File 2258 - Introduced



                                       SENATE FILE       
                                       BY  LUNDBY


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

                                      A BILL FOR

  1 An Act relating to the mistreatment of animals not classified as
  2    livestock and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5760SS 82
  5 da/rj/5

PAG LIN



  1  1    Section 1.  Section 717.1, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  "Livestock" means an animal belonging to the bovine,
  1  4 caprine, equine, ovine, or porcine species, ostriches, rheas,
  1  5 emus; farm deer as defined in section 170.1; or poultry.
  1  6    Sec. 2.  Section 717B.2, Code 2007, is amended to read as
  1  7 follows:
  1  8    717B.2  ANIMAL ABUSE.
  1  9    1.  A person is guilty of animal abuse if the person
  1 10 intentionally injures, maims, disfigures, or destroys an
  1 11 animal owned by another person, in any manner, including
  1 12 intentionally poisoning the animal.
  1 13    2.  a.  A The following shall apply to a person who is
  1 14 guilty of animal abuse:
  1 15    (1)  If the person does not have a prior conviction for
  1 16 committing an offense under this chapter, the person is guilty
  1 17 of an aggravated misdemeanor.
  1 18    (2)  If the person does have a prior conviction for
  1 19 committing an offense under this chapter, the person is guilty
  1 20 of a class "D" felony.  The sentencing order shall require the
  1 21 person to submit to psychological evaluation and treatment
  1 22 according to terms required by the court.  The costs of the
  1 23 psychological evaluation and treatment shall be paid by the
  1 24 person.
  1 25    b.  The juvenile court shall have exclusive original
  1 26 jurisdiction in a proceeding concerning a child who is alleged
  1 27 to have committed animal abuse, in the manner provided in
  1 28 section 232.8.  The juvenile court shall not waive
  1 29 jurisdiction in a proceeding concerning an offense alleged to
  1 30 have been committed by a child under the age of seventeen.
  1 31    3.  This section shall not apply to any of the following:
  1 32    1.  a.  A person acting with the consent of the person
  1 33 owning the animal, unless the action constitutes animal
  1 34 neglect as provided in section 717B.3.
  1 35    2.  b.  A person acting to carry out an order issued by a
  2  1 court.
  2  2    3.  c.  A licensed veterinarian practicing veterinary
  2  3 medicine as provided in chapter 169.
  2  4    4.  d.  A person acting in order to carry out another
  2  5 provision of law which allows the conduct.
  2  6    5.  e.  A person taking, hunting, trapping, or fishing for
  2  7 a wild animal as provided in chapter 481A.
  2  8    6.  f.  A person acting to protect the person's property
  2  9 from a wild animal as defined in section 481A.1.
  2 10    7.  g.  A person acting to protect a person from injury or
  2 11 death caused by a wild animal as defined in section 481A.1.
  2 12    8.  h.  A person reasonably acting to protect the person's
  2 13 property from damage caused by an unconfined animal.
  2 14    9.  i.  A person reasonably acting to protect a person from
  2 15 injury or death caused by an unconfined animal.
  2 16    10.  j.  A local authority reasonably acting to destroy an
  2 17 animal, if at the time of the destruction, the owner of the
  2 18 animal is absent or unable to care for the animal, and the
  2 19 animal is permanently distressed by disease or injury to a
  2 20 degree that would result in severe and prolonged suffering.
  2 21    11.  k.  An institution, as defined in section 145B.1, or a
  2 22 research facility, as defined in section 162.2, provided that
  2 23 the institution or research facility performs functions within
  2 24 the scope of accepted practices and disciplines associated
  2 25 with the institution or research facility.
  2 26    Sec. 3.  Section 717B.3, subsections 1 and 3, Code 2007,
  2 27 are amended to read as follows:
  2 28    1.  A person who impounds or confines, in any place, an
  2 29 animal is guilty of animal neglect, if the person does any of
  2 30 the following:
  2 31    a.  (1)  fails to supply the animal during confinement with
  2 32 Deprives an animal of necessary sustenance, including
  2 33 nutritious food and water, in a sufficient quantity of food or
  2 34 water; fails to provide a confined dog or cat with adequate
  2 35 shelter; or tortures, deprives of necessary sustenance.
  3  1    (2)  Torments, mutilates, beats, or kills an animal by any
  3  2 means which causes unjustified pain, distress, or suffering.
  3  3    b.  For a dog or cat, fails to provide it with adequate
  3  4 shelter.
  3  5    c.  For equine, fails to provide sufficient sanitation
  3  6 space, an opportunity for exercise, protection from weather,
  3  7 necessary veterinary care, a sufficient quantity of potable
  3  8 water, and a sufficient nutritional formulation customary for
  3  9 the care for equine of that species.
  3 10    3.  a.  A This paragraph applies to a person who
  3 11 negligently or intentionally commits the offense of animal
  3 12 neglect which does not result in the serious injury to or
  3 13 death of an animal.
  3 14    (1)  If the person does not have a prior conviction for
  3 15 committing an offense under this chapter, the person is guilty
  3 16 of a simple misdemeanor.
  3 17    (2)  If the person does have a prior conviction for
  3 18 committing an offense under this chapter, the person is guilty
  3 19 of a serious misdemeanor.  The sentencing order shall require
  3 20 the person to submit to psychological evaluation and treatment
  3 21 according to terms required by the court.  The costs of the
  3 22 psychological evaluation and treatment shall be paid by the
  3 23 person.
  3 24    b.  A This paragraph applies to a person who intentionally
  3 25 commits the offense of animal neglect which results in serious
  3 26 injury to or the death of an animal.
  3 27    (1)  If the person does not have a prior conviction for
  3 28 committing an offense under this chapter, the person is guilty
  3 29 of a serious misdemeanor.
  3 30    (2)  If the person does have a prior conviction for
  3 31 committing an offense under this chapter, the person is guilty
  3 32 of an aggravated misdemeanor.  The sentencing order shall
  3 33 require the person to submit to psychological evaluation and
  3 34 treatment according to terms required by the court.  The costs
  3 35 of the psychological evaluation and treatment shall be paid by
  4  1 the person.
  4  2    c.  The juvenile court shall have exclusive original
  4  3 jurisdiction in a proceeding concerning a child who is alleged
  4  4 to have committed animal neglect, in the manner provided in
  4  5 section 232.8.  The juvenile court shall not waive
  4  6 jurisdiction in a proceeding concerning an offense alleged to
  4  7 have been committed by a child under the age of seventeen.
  4  8    Sec. 4.  Section 717B.3A, subsection 3, paragraph a,
  4  9 subparagraphs (1) and (2), Code 2007, are amended to read as
  4 10 follows:
  4 11    (1)  For the first conviction If the person does not have a
  4 12 prior conviction for committing an offense under this chapter,
  4 13 the person is guilty of an aggravated misdemeanor.  The
  4 14 sentencing order shall provide that require the person to
  4 15 submit to psychological evaluation and treatment according to
  4 16 terms required by the court.  The costs of the evaluation and
  4 17 treatment shall be paid by the person.  In addition, the
  4 18 sentencing order shall provide that the person complete a
  4 19 community work requirement, which may include a work
  4 20 requirement performed at an animal shelter or pound, as
  4 21 defined in section 162.2, according to terms required by the
  4 22 court.
  4 23    (2)  For a second or subsequent conviction If the person
  4 24 does have a prior conviction for committing an offense under
  4 25 this chapter, the person is guilty of a class "D" felony.  The
  4 26 sentencing order shall provide that require the person to
  4 27 submit to psychological evaluation and treatment according to
  4 28 terms required by the court.  The costs of the psychological
  4 29 evaluation and treatment shall be paid by the person.
  4 30                           EXPLANATION
  4 31    BACKGROUND.  This bill amends two closely related Code
  4 32 chapters.  Code chapter 717 prohibits a person from
  4 33 mistreating livestock and Code chapter 717B prohibits a person
  4 34 from mistreating other animals.
  4 35    EQUINES NO LONGER CLASSIFIED AS LIVESTOCK.  The bill would
  5  1 reclassify equines as animals other than livestock, subjecting
  5  2 persons guilty of mistreatment of equines to provisions of
  5  3 Code chapter 717B.  Generally, Code sections 717.1A and 717B.2
  5  4 provide for abuse (intentionally injuring or destroying
  5  5 livestock or an animal owned by another person) and Code
  5  6 sections 717.2 and 717B.3 provide for neglect (e.g., confining
  5  7 livestock or other animal and harming it or failing to supply
  5  8 it with food or water).
  5  9    Among the differences in the two Code chapters, Code
  5 10 section 717.2 provides that the standard for neglect is based
  5 11 on customary animal husbandry practices which is not referred
  5 12 to in Code section 717B.3.  In addition, Code section 717.2
  5 13 provides that a person is not guilty of more than one offense
  5 14 of livestock neglect when care or sustenance is not provided
  5 15 to multiple head of livestock during any period of
  5 16 uninterrupted neglect.  Code section 717B.3 does not provide
  5 17 for that exception.  In addition, Code section 717B.3A
  5 18 provides for the offense of animal torture (inflicting an
  5 19 animal other than livestock with severe physical pain with a
  5 20 depraved or sadistic intent to cause the prolonged suffering
  5 21 or death) which is not included in Code chapter 717.
  5 22    SPECIAL PROVISIONS FOR EQUINES.  The bill provides that a
  5 23 person is guilty of animal neglect if the person fails to
  5 24 provide the animal with sufficient sanitation space, an
  5 25 opportunity for exercise, and sufficient quality water and
  5 26 food.
  5 27    INCREASED PENALTIES.  The bill amends each of the criminal
  5 28 sections in Code chapter 717B applying to animals other than
  5 29 livestock.  Currently, the criminal penalties for livestock
  5 30 and other animals are similar, except for the offense of
  5 31 animal torture.  The bill increases the criminal penalties for
  5 32 violations of provisions in Code chapter 717B if the guilty
  5 33 person has been convicted of a prior offense under that Code
  5 34 chapter.  In the case of a second offense, the criminal
  5 35 penalties are increased as follows:
  6  1    1.  For animal abuse, the criminal penalty is increased
  6  2 from an aggravated misdemeanor to a class "D" felony, and the
  6  3 offender is required to submit to psychological evaluation by
  6  4 the court.
  6  5    2.  For negligence, the severity of the criminal penalty
  6  6 currently depends upon whether the offense results in serious
  6  7 injury or death.  If serious injury or death does not result,
  6  8 the criminal penalty is increased from a simple misdemeanor to
  6  9 a serious misdemeanor.  If the offense is intentionally
  6 10 committed and results in a serious injury or death, the
  6 11 criminal penalty is increased from a serious misdemeanor to an
  6 12 aggravated misdemeanor.  In both cases the bill requires that
  6 13 the offender submit to a court=ordered psychological
  6 14 evaluation.
  6 15    3.  For animal torture, the existing law already increases
  6 16 the criminal penalty from an aggravated misdemeanor for the
  6 17 first offense to a class "D" felony for a subsequent offense,
  6 18 and requires the offender to submit to a court=ordered
  6 19 psychological evaluation.  The bill rewrites the provisions to
  6 20 conform stylistically with the other Code sections as amended
  6 21 by the bill.
  6 22    A simple misdemeanor is punishable by confinement for no
  6 23 more than 30 days or a fine of at least $65 but not more than
  6 24 $625 or by both.  A serious misdemeanor is punishable by
  6 25 confinement for no more than one year and a fine of at least
  6 26 $315 but not more than $1,875.  An aggravated misdemeanor is
  6 27 punishable by confinement for no more than two years and a
  6 28 fine of at least $625 but not more than $6,250.  A class "D"
  6 29 felony is punishable by confinement for no more than five
  6 30 years and a fine of at least $750 but not more than $7,500.
  6 31 LSB 5760SS 82
  6 32 da/rj/5.1