House File 2257 - Introduced HOUSE FILE 2257 BY ANDERSON A BILL FOR An Act relating to animal cruelty, and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5842HH (2) 83 da/nh
H.F. 2257 Section 1. Section 717B.1, subsection 1, paragraph b, Code 1 2009, is amended by striking the paragraph. 2 Sec. 2. Section 717B.2, subsection 5, Code 2009, is amended 3 to read as follows: 4 5. A person taking, hunting, trapping, or fishing for a 5 wild animal as provided in chapter 481A , provided that the 6 person acts in a manner consistent with customary practices for 7 taking, hunting, trapping, or fishing that type of wild animal . 8 Sec. 3. Section 717B.3A, subsection 2, paragraph e, Code 9 2009, is amended to read as follows: 10 e. A person taking, hunting, trapping, or fishing for a 11 wild animal as provided in chapter 481A , provided that the 12 person acts in a manner consistent with customary practices for 13 taking, hunting, trapping, or fishing that type of wild animal . 14 EXPLANATION 15 BACKGROUND. Code chapter 717B provides animal cruelty 16 statutes which apply to all animals other than (1) livestock; 17 (2) game, fur-bearing animals, fish, reptiles, or amphibians; 18 and (3) nongame species declared to be a nuisance (Code section 19 717B.1). 20 ANIMAL CRUELTY OFFENSES. For those animals that are 21 covered, there are three types of animal cruelty offenses. 22 The first is neglect, which occurs when a person impounds or 23 confines an animal and fails to provide it with necessities 24 such as food or water or who tortures or kills an animal 25 by causing it unjustified pain (Code section 717B.3). The 26 second is abuse which occurs when a person intentionally 27 injures, maims, disfigures, or destroys an animal owned by 28 another person (Code section 717B.2). The third is torture 29 which occurs when any person inflicts upon an animal severe 30 physical pain with a depraved or sadistic intent to cause 31 prolonged suffering or death (Code section 717B.3A). The 32 offenses involving abuse or torture include specific exemptions 33 for taking, hunting, trapping, or fishing for a wild animal 34 regulated by the department of natural resources under Code 35 -1- LSB 5842HH (2) 83 da/nh 1/ 2
H.F. 2257 chapter 481A. 1 BILL’S PROVISIONS. This bill provides that the animal 2 cruelty statutes apply to game, fur-bearing animals, fish, 3 reptiles, or amphibians. It also modifies the exceptions for 4 abuse and torture by persons taking, hunting, trapping, or 5 fishing. The exception would only apply if the person acts in 6 a manner consistent with customary practices. 7 APPLICABLE PENALTIES. A person who negligently or 8 intentionally commits the offense of animal neglect is 9 guilty of a simple misdemeanor. A person who intentionally 10 commits the offense of animal neglect which results in serious 11 injury to or the death of an animal is guilty of a serious 12 misdemeanor. A person who commits animal abuse is guilty of an 13 aggravated misdemeanor. A person who commits animal torture is 14 guilty of an aggravated misdemeanor. However, for the second 15 or subsequent conviction the person is guilty of a class “D” 16 felony. 17 A simple misdemeanor is punishable by confinement for no 18 more than 30 days or a fine of at least $65 but not more than 19 $625 or by both. A serious misdemeanor is punishable by 20 confinement for no more than one year and a fine of at least 21 $315 but not more than $1,875. An aggravated misdemeanor is 22 punishable by confinement for no more than two years and a fine 23 of at least $625 but not more than $6,250. A class “D” felony 24 is punishable by confinement for no more than five years and a 25 fine of at least $750 but not more than $7,500. 26 -2- LSB 5842HH (2) 83 da/nh 2/ 2