House File 2023 - Introduced HOUSE FILE 2023 BY KAUFMANN A BILL FOR An Act increasing penalties for criminal offenses involving 1 certain types of animals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5419YH (3) 85 da/nh

H.F. 2023 Section 1. Section 717B.3, subsection 3, Code 2014, is 1 amended to read as follows: 2 3. A person who negligently or intentionally commits 3 the offense of animal neglect is guilty of a simple serious 4 misdemeanor. A person who intentionally commits the offense of 5 animal neglect which results in serious injury to or the death 6 of an animal is guilty of a serious an aggravated misdemeanor. 7 Sec. 2. Section 717B.3A, subsection 3, paragraph a, Code 8 2014, is amended by striking the paragraph and inserting in 9 lieu thereof the following: 10 a. A person who commits animal torture is guilty of a class 11 “D” felony. The sentencing order shall provide that the person 12 submit to psychological evaluation and treatment according to 13 terms required by the court. The costs of the psychological 14 evaluation and treatment shall be paid by the person. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 INCREASE IN CRIMINAL PENALTIES FOR OFFENSES INVOLVING 19 CERTAIN ANIMALS. This bill amends provisions in Code chapter 20 717B to increase the criminal penalties for two related classes 21 of offenses involving injuring or killing an animal. “Animal” 22 is defined in Code section 717B.1 to mean a nonhuman vertebrate 23 other than livestock which is governed under Code chapter 717; 24 any game, fur-bearing animal, fish, reptile, or amphibian not 25 owned, confined, or controlled by a person; or any nongame 26 species declared to be a nuisance. 27 ANIMAL NEGLECT. The bill increases the criminal penalty 28 for the offense classified as animal neglect. The general 29 penalty, which applies regardless of whether an act is 30 committed negligently or intentionally, is increased from a 31 simple misdemeanor to a serious misdemeanor. An enhanced 32 penalty, which applies when an animal is seriously injured or 33 dies, is increased from a serious misdemeanor to an aggravated 34 misdemeanor. 35 -1- LSB 5419YH (3) 85 da/nh 1/ 2

H.F. 2023 A person commits animal neglect by failing to supply the 1 animal during confinement with a sufficient quantity of food or 2 water; failing to provide a confined dog or cat with adequate 3 shelter; or torturing, depriving of necessary sustenance, 4 mutilating, beating, or killing an animal by any means which 5 causes unjustified pain, distress, or suffering. The law does 6 not apply to a research facility, provided that the research 7 facility performs functions within the scope of accepted 8 practices and disciplines (Code section 162.2). 9 ANIMAL TORTURE. The bill increases the criminal penalty 10 for animal torture from an aggravated misdemeanor to a class 11 “D” felony beginning with the first offense. Currently, 12 a person is subject to a felony only after committing a 13 second or subsequent offense. The bill also eliminates a 14 requirement that a guilty person committing a first offense 15 complete a community work requirement, which may be performed 16 at an animal shelter. The bill does not modify an existing 17 provision requiring a guilty person to undergo psychological 18 evaluation and treatment. It also retains a provision that 19 gives the juvenile court exclusive original jurisdiction in 20 cases involving children, and precludes the juvenile court from 21 waiving jurisdiction in a proceeding concerning an offense 22 alleged to have been committed by a child under the age of 17. 23 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 24 confinement for no more than 30 days or a fine of at least 25 $65 but not more than $625 or by both. A serious misdemeanor 26 is punishable by confinement for no more than one year and a 27 fine of at least $315 but not more than $1,875. An aggravated 28 misdemeanor is punishable by confinement for no more than two 29 years and a fine of at least $625 but not more than $6,250. A 30 class “D” felony is punishable by confinement for no more than 31 five years and a fine of at least $750 but not more than $7,500. 32 -2- LSB 5419YH (3) 85 da/nh 2/ 2