Senate File 2020 - Introduced SENATE FILE 2020 BY McCOY A BILL FOR An Act increasing penalties for animal neglect. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5447XS (3) 85 da/nh
S.F. 2020 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 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 BILL’S PROVISIONS —— INCREASE IN CRIMINAL PENALTY FOR ANIMAL 11 NEGLECT. This bill increases the criminal penalty for the 12 offense classified as animal neglect. The general penalty 13 applying to an act committed negligently or intentionally is 14 increased from a simple misdemeanor to a serious misdemeanor. 15 The enhanced penalty applying when an animal is seriously 16 injured or dies is increased from a serious misdemeanor to an 17 aggravated misdemeanor. 18 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 19 confinement for no more than 30 days or a fine of at least 20 $65 but not more than $625 or by both. A serious misdemeanor 21 is punishable by confinement for no more than one year and a 22 fine of at least $315 but not more than $1,875. An aggravated 23 misdemeanor is punishable by confinement for no more than two 24 years and a fine of at least $625 but not more than $6,250. 25 BACKGROUND. The bill amends Code chapter 717B which 26 provides for offenses relating to the mistreatment of animals 27 other than livestock which is governed under Code chapter 717; 28 any game, fur-bearing animal, fish, reptile, or amphibian not 29 owned, confined, or controlled by a person; or any nongame 30 species declared to be a nuisance (Code section 717B.1). Code 31 section 717B.3 specifically provides for the offense of animal 32 neglect. A person commits the offense by failing to supply the 33 animal during confinement with a sufficient quantity of food or 34 water; failing to provide a confined dog or cat with adequate 35 -1- LSB 5447XS (3) 85 da/nh 1/ 2
S.F. 2020 shelter; or torturing, depriving of necessary sustenance, 1 mutilating, beating, or killing an animal by any means which 2 causes unjustified pain, distress, or suffering. The law does 3 not apply to a research facility, provided that the research 4 facility performs functions within the scope of accepted 5 practices and disciplines (Code section 162.2). 6 -2- LSB 5447XS (3) 85 da/nh 2/ 2