HF 2257 (LSB 5842HH (2) 83)

HOUSE FILE 2257

BY  ANDERSON

A BILL FOR

An Act relating to animal cruelty, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717B.1, subsection 1, paragraph b, Code 2009, is amended by striking the paragraph.
    Sec. 2.  Section 717B.2, subsection 5, Code 2009, is amended to read as follows:
   5.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A, provided that the person acts in a manner consistent with customary practices for taking, hunting, trapping, or fishing that type of wild animal.
    Sec. 3.  Section 717B.3A, subsection 2, paragraph e, Code 2009, is amended to read as follows:
   e.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A, provided that the person acts in a manner consistent with customary practices for taking, hunting, trapping, or fishing that type of wild animal.
EXPLANATION
   BACKGROUND. Code chapter 717B provides animal cruelty statutes which apply to all animals other than (1) livestock; (2) game, fur-bearing animals, fish, reptiles, or amphibians; and (3) nongame species declared to be a nuisance (Code section 717B.1).
   ANIMAL CRUELTY OFFENSES. For those animals that are covered, there are three types of animal cruelty offenses. The first is neglect, which occurs when a person impounds or confines an animal and fails to provide it with necessities such as food or water or who tortures or kills an animal by causing it unjustified pain (Code section 717B.3). The second is abuse which occurs when a person intentionally injures, maims, disfigures, or destroys an animal owned by another person (Code section 717B.2). The third is torture which occurs when any person inflicts upon an animal severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death (Code section 717B.3A). The offenses involving abuse or torture include specific exemptions for taking, hunting, trapping, or fishing for a wild animal regulated by the department of natural resources under Code chapter 481A.
   BILL’S PROVISIONS. This bill provides that the animal cruelty statutes apply to game, fur-bearing animals, fish, reptiles, or amphibians. It also modifies the exceptions for abuse and torture by persons taking, hunting, trapping, or fishing. The exception would only apply if the person acts in a manner consistent with customary practices.
   APPLICABLE PENALTIES. A person who negligently or intentionally commits the offense of animal neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of animal neglect which results in serious injury to or the death of an animal is guilty of a serious misdemeanor. A person who commits animal abuse is guilty of an aggravated misdemeanor. A person who commits animal torture is guilty of an aggravated misdemeanor. However, for the second or subsequent conviction the person is guilty of a class “D” felony.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.