House File 33 



                                       HOUSE FILE       
                                       BY  LYKAM

                                       (COMPANION TO LSB 1459SS
                                        BY SENG)


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

                                      A BILL FOR

  1 An Act providing for the killing of dogs which present an
  2    immediate public danger and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1459HH 83
  5 da/nh/14

PAG LIN



  1  1    Section 1.  Section 351.27, Code 2009, is amended to read
  1  2 as follows:
  1  3    351.27  RIGHT TO KILL TAGGED DOG THAT PRESENTS IMMEDIATE
  1  4 PUBLIC DANGER.
  1  5    1.  It shall be lawful for any A person to shall not kill a
  1  6 dog, wearing a collar attached with a rabies vaccination tag
  1  7 attached, when unless the dog is caught presents an immediate
  1  8 public danger.
  1  9    2.  A dog presents an immediate public danger only during
  1 10 the period when it is in the act of chasing, maiming, or
  1 11 killing any a domestic animal or fowl, or when such dog is
  1 12 attacking or attempting to bite a person.
  1 13    3.  A person who violates this section is guilty of animal
  1 14 abuse, animal neglect, or animal torture as provided in
  1 15 chapter 717B.
  1 16    Sec. 2.  Section 717B.2, Code 2009, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  12.  A person killing a dog that presents
  1 19 an immediate public danger as provided in section 351.27.
  1 20    Sec. 3.  Section 717B.3A, subsection 2, Code 2009, is
  1 21 amended by adding the following new subsection:
  1 22    NEW PARAGRAPH.  l.  A person killing a dog that presents an
  1 23 immediate public danger as provided in section 351.27.
  1 24                           EXPLANATION
  1 25    BACKGROUND.  Two Code chapters apply to killing dogs.  Code
  1 26 chapter 351 allows a person to kill a dog running at large and
  1 27 Code chapter 717B prohibits the mistreatment of domestic
  1 28 animals including dogs, with a number of exceptions.  Code
  1 29 section 351.27 authorizes a person to kill a dog which is
  1 30 wearing a collar with a vaccination tag attached to it, but
  1 31 only when the dog is in the act of chasing or menacing
  1 32 livestock or attacking a person.
  1 33    BILL'S PROVISIONS.  This bill prohibits a person from
  1 34 killing a dog wearing a vaccination tag, unless it presents an
  1 35 immediate public danger.  An immediate public danger exists
  2  1 only when the dog is in the act of chasing or menacing
  2  2 livestock or attacking a person.  The bill expressly provides
  2  3 that a person who violates the prohibition is guilty of animal
  2  4 abuse, animal neglect, or animal torture as provided in Code
  2  5 chapter 717B.
  2  6    Code section 717B.2 provides that a person who
  2  7 intentionally injures or kills an animal owned by another
  2  8 person commits animal abuse and is guilty of an aggravated
  2  9 misdemeanor.  An aggravated misdemeanor is punishable by
  2 10 confinement for no more than two years and a fine of at least
  2 11 $625 but not more than $6,250.  Code section 717B.3 provides
  2 12 that a person who confines an animal and fails to supply it
  2 13 with sufficient care or who injures or kills the animal by any
  2 14 means which causes unjustified pain commits animal neglect and
  2 15 is guilty of a simple misdemeanor.  A simple misdemeanor is
  2 16 punishable by confinement for no more than 30 days or a fine
  2 17 of at least $65 but not more than $625 or by both.  However, a
  2 18 person who intentionally commits animal neglect is guilty of a
  2 19 serious misdemeanor.  Code section 717B.3A provides that a
  2 20 person who inflicts severe physical pain upon an animal with a
  2 21 depraved or sadistic intent to cause prolonged suffering or
  2 22 death is guilty of animal torture, regardless of whether the
  2 23 person is the owner of the animal.  A person who commits
  2 24 animal torture is guilty of an aggravated misdemeanor for the
  2 25 first offense and a class "D" felony for the second offense.
  2 26 A class "D" felony is punishable by confinement for no more
  2 27 than five years and a fine of at least $750 but not more than
  2 28 $7,500.
  2 29 LSB 1459HH 83
  2 30 da/nh/14