House
Study
Bill
570
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
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
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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
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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
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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.
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