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
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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
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(2)
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