HF 2397 (LSB 5647HV (1) 84)

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 by providing for acts involving injury or interference, and providing for penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  717.9  Injury or interference with a police service horse.
   1.  A person who knowingly, and willfully or maliciously torments, strikes, administers a nonpoisonous desensitizing substance to, or otherwise interferes with a police service horse, without inflicting serious injury on the police service horse, commits a serious misdemeanor.
   2.  A person who knowingly, and willfully or maliciously does any of the following commits a class “D” felony:
   a.  Tortures a police service horse.
   b.  Injures, so as to disfigure or disable, a police service horse.
   c.  Sets a booby trap device for purposes of injuring, so as to disfigure or disable, or killing a police service horse.
   d.  Pays or agrees to pay a bounty for purposes of injury, so as to disfigure or disable, or kill a police service horse.
   e.  Kills a police service horse.
   f.  Administers poison to a police service horse.
   3.  As used in this section, “police service horse” means a horse used by a peace officer or correctional officer in the performance of the officer’s duties, whether or not the horse is on duty.
   4.  This section does not apply to any of the following:
   a.  A peace officer or veterinarian who treats a police service horse, if the treatment is for the purpose of rehabilitating the police service horse or relieving the police service horse of undue pain or suffering, and which may include terminating the horse’s life.
   b.  A person who justifiably acts in defense of self or another person.
    Sec. 2.  Section 717B.9, subsection 4, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   4.  This section does not apply to any of the following:
   a.  A peace officer or veterinarian who treats a police service dog, if the treatment is for the purpose of rehabilitating the police service dog or relieving the police service dog of undue pain or suffering, and which may include terminating the dog’s life.
   b.  A person who justifiably acts in defense of self or another person.
EXPLANATION
   This bill creates criminal offenses for acts performed against a police service horse which result in an injury to the horse or some form of interference with its official duties. If enacted, the bill’s provisions could be codified in Code chapter 717 which in part prohibits the abuse of livestock, including equine. The bill’s provisions defining offenses and penalties closely resemble provisions currently in the Code chapter applicable to animals other than livestock and which specifically prohibits injuring or interfering with a police service dog (Code section 717B.9). 
   Under the bill, a person commits a serious misdemeanor by knowingly, and willfully or maliciously abusing or otherwise interfering with a police service horse, without inflicting serious injury. 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. 
   Under the bill, a person commits a class “D” felony by knowingly, and willfully or maliciously torturing, or injuring a police service horse in a manner that causes disfigurement or disability; setting a booby trap device for purposes of causing such injury or death; paying or agreeing to pay a bounty for purposes of causing such injury or death; killing a police service horse; or administering poison to a police service horse. 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. 
   The bill’s definition of a police service horse mirrors the definition of a police service dog. Under the bill, a police service horse must be used by a peace officer or correctional officer in the performance of the officer’s duties, whether or not the animal is on duty. 
   The bill creates two exceptions, first for a peace officer or veterinarian who treats a police service horse to provide for either rehabilitation or termination, and second for a person who justifiably acts in self-defense or in the defense of another person. The bill also amends the current provision relating to police service dogs to correspond to the treatment exception applicable to police service horses under the bill.