House File 2397 - Introduced HOUSE FILE 2397 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 570) A BILL FOR An Act relating to horses and dogs engaged in police service 1 by providing for acts involving injury or interference, and 2 providing for penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5647HV (1) 84 da/nh

H.F. 2397 Section 1. NEW SECTION . 717.9 Injury or interference with 1 a police service horse. 2 1. A person who knowingly, and willfully or maliciously 3 torments, strikes, administers a nonpoisonous desensitizing 4 substance to, or otherwise interferes with a police service 5 horse, without inflicting serious injury on the police service 6 horse, commits a serious misdemeanor. 7 2. A person who knowingly, and willfully or maliciously does 8 any of the following commits a class “D” felony: 9 a. Tortures a police service horse. 10 b. Injures, so as to disfigure or disable, a police service 11 horse. 12 c. Sets a booby trap device for purposes of injuring, so as 13 to disfigure or disable, or killing a police service horse. 14 d. Pays or agrees to pay a bounty for purposes of injury, so 15 as to disfigure or disable, or kill a police service horse. 16 e. Kills a police service horse. 17 f. Administers poison to a police service horse. 18 3. As used in this section , “police service horse” means a 19 horse used by a peace officer or correctional officer in the 20 performance of the officer’s duties, whether or not the horse 21 is on duty. 22 4. This section does not apply to any of the following: 23 a. A peace officer or veterinarian who treats a police 24 service horse, if the treatment is for the purpose of 25 rehabilitating the police service horse or relieving the police 26 service horse of undue pain or suffering, and which may include 27 terminating the horse’s life. 28 b. A person who justifiably acts in defense of self or 29 another person. 30 Sec. 2. Section 717B.9, subsection 4, Code 2011, is amended 31 by striking the subsection and inserting in lieu thereof the 32 following: 33 4. This section does not apply to any of the following: 34 a. A peace officer or veterinarian who treats a police 35 -1- LSB 5647HV (1) 84 da/nh 1/ 3

H.F. 2397 service dog, if the treatment is for the purpose of 1 rehabilitating the police service dog or relieving the police 2 service dog of undue pain or suffering, and which may include 3 terminating the dog’s life. 4 b. A person who justifiably acts in defense of self or 5 another person. 6 EXPLANATION 7 This bill creates criminal offenses for acts performed 8 against a police service horse which result in an injury to the 9 horse or some form of interference with its official duties. 10 If enacted, the bill’s provisions could be codified in Code 11 chapter 717 which in part prohibits the abuse of livestock, 12 including equine. The bill’s provisions defining offenses and 13 penalties closely resemble provisions currently in the Code 14 chapter applicable to animals other than livestock and which 15 specifically prohibits injuring or interfering with a police 16 service dog (Code section 717B.9). 17 Under the bill, a person commits a serious misdemeanor by 18 knowingly, and willfully or maliciously abusing or otherwise 19 interfering with a police service horse, without inflicting 20 serious injury. A serious misdemeanor is punishable by 21 confinement for no more than one year and a fine of at least 22 $315 but not more than $1,875. 23 Under the bill, a person commits a class “D” felony by 24 knowingly, and willfully or maliciously torturing, or injuring 25 a police service horse in a manner that causes disfigurement or 26 disability; setting a booby trap device for purposes of causing 27 such injury or death; paying or agreeing to pay a bounty for 28 purposes of causing such injury or death; killing a police 29 service horse; or administering poison to a police service 30 horse. A class “D” felony is punishable by confinement for no 31 more than five years and a fine of at least $750 but not more 32 than $7,500. 33 The bill’s definition of a police service horse mirrors the 34 definition of a police service dog. Under the bill, a police 35 -2- LSB 5647HV (1) 84 da/nh 2/ 3

H.F. 2397 service horse must be used by a peace officer or correctional 1 officer in the performance of the officer’s duties, whether or 2 not the animal is on duty. 3 The bill creates two exceptions, first for a peace officer 4 or veterinarian who treats a police service horse to provide 5 for either rehabilitation or termination, and second for a 6 person who justifiably acts in self-defense or in the defense 7 of another person. The bill also amends the current provision 8 relating to police service dogs to correspond to the treatment 9 exception applicable to police service horses under the bill. 10 -3- LSB 5647HV (1) 84 da/nh 3/ 3