S.F. 2138 Section 1. NEW SECTION . 169.21 Animal cruelty report. 1 1. a. A person who practices veterinary medicine under a 2 valid license or temporary permit and who concludes that an 3 animal is being subjected to animal cruelty shall complete an 4 animal cruelty report and submit the report to a local law 5 enforcement agency having jurisdiction to investigate the 6 matter. The local law enforcement agency shall file the report 7 as provided in section 717B.10. 8 b. The board may adopt rules detailing any grounds or 9 procedures for making a conclusion that an animal is being 10 subjected to animal cruelty. However, the conclusion must 11 at least be based on clinical indications that if true could 12 reasonably constitute elements of animal abuse in the first 13 degree as described in section 717B.2, subsection 1, animal 14 neglect in the first degree as described in section 717B.2B, 15 subsection 1, or animal torture as described in section 16 717B.3A. Notwithstanding section 169.3, for purposes of this 17 section, “animal” means the same as defined in section 717B.1. 18 2. A report shall include, to every extent known by the 19 person completing the report, all of the following: 20 a. The name and description of the animal. 21 b. The address and contact information of the owner or other 22 person responsible for the care of the animal. 23 c. A description of the nature and extent of the indications 24 of animal cruelty. 25 d. Any evidence indicating that the animal has been 26 subjected to animal cruelty previously. 27 e. Any other information required by the local law 28 enforcement agency that may be of value in conducting a 29 criminal investigation. 30 3. The board may prepare and distribute a form for use 31 by a person completing and submitting a report under this 32 section and by a local law enforcement agency filing the 33 report under section 717B.10. The form shall replace the 34 information required to be completed in subsection 2. However, 35 -1- LSB 5446XS (8) 86 da/nh 1/ 19

S.F. 2138 the report must at least require the completion of information 1 necessary for a law enforcement officer to interview the person 2 submitting the report and conduct an investigation regarding 3 the commission of a public offense described in subsection 4 1. The board may consult the department of public safety when 5 preparing the form and may publish the form on the internet 6 site of the department of agriculture and land stewardship or 7 the department of public safety. 8 4. A person participating in good faith in reporting, 9 cooperating with, or assisting a local law enforcement agency 10 in evaluating a case of animal cruelty has immunity from 11 criminal or civil liability or administrative disciplinary 12 action, which might otherwise be incurred or imposed based upon 13 the act of making the report or giving the assistance. The 14 person has the same immunity with respect to participating in 15 good faith in a judicial proceeding resulting from the report, 16 cooperation, or assistance or relating to the subject matter of 17 the report, cooperation, or assistance. 18 Sec. 2. Section 717B.1, Code 2016, is amended by adding the 19 following new subsections: 20 NEW SUBSECTION . 3A. a. “Convicted” means found guilty of, 21 pleads guilty to, or is sentenced or adjudicated delinquent 22 for an act which is an indictable offense in this state or in 23 another state, including but not limited to a juvenile who has 24 been adjudicated delinquent, whether or not the juvenile court 25 records have been sealed under section 232.150, and a person 26 who has received a deferred sentence or a deferred judgment or 27 has been acquitted by reason of insanity. 28 b. “Convicted” includes the conviction of a juvenile 29 prosecuted as an adult. “Convicted” also includes a conviction 30 for an attempt or conspiracy to commit an offense. 31 c. “Convicted” does not mean a plea, sentence, adjudication, 32 deferred sentence, or deferred judgment which has been reversed 33 or otherwise set aside. 34 NEW SUBSECTION . 4A. “Injury” means physical damage or harm 35 -2- LSB 5446XS (8) 86 da/nh 2/ 19

S.F. 2138 to an animal’s muscle, tissue, organs, bones, hide, or skin 1 that causes the animal to suffer pain. 2 NEW SUBSECTION . 6A. “Local law enforcement agency” means 3 an entity established as part of a local authority to serve as 4 a police force responsible for the prevention and detection of 5 crime and enforcement of the criminal laws of this state. 6 NEW SUBSECTION . 8A. “Serious injury” means an injury that 7 creates a substantial risk of death or that causes protracted 8 disfigurement, protracted impairment of health, or protracted 9 loss or impairment of the function of a limb or organ. 10 Sec. 3. Section 717B.1, subsection 9, Code 2016, is amended 11 to read as follows: 12 9. “Threatened animal” means an animal that is abused as 13 provided suffers mistreatment due to animal abuse as described 14 in section 717B.2 or 717B.2A , neglected animal neglect as 15 provided described in section 717B.2B or 717B.3 , or tortured 16 animal torture as provided described in section 717B.3A , 17 animal abandonment as described in section 717B.3B, or animal 18 endangerment as described in section 717B.3C . 19 Sec. 4. Section 717B.2, Code 2016, is amended to read as 20 follows: 21 717B.2 Animal abuse in the first degree —— penalties . 22 1. A person is guilty of animal abuse if the person 23 intentionally injures, maims, disfigures, or destroys an animal 24 owned by another person, in any manner, including intentionally 25 poisoning the animal commits animal abuse in the first degree 26 when the person knowingly or recklessly causes serious injury 27 to an animal by force, violence, or poisoning . A person guilty 28 of animal abuse is guilty of an aggravated misdemeanor. 29 2. This section shall not apply to conduct engaged in by any 30 of the following: 31 1. A person acting with the consent of the person owning 32 the animal, unless the action constitutes animal neglect as 33 provided in section 717B.3 . 34 2. a. A person acting to carry out an order issued by a 35 -3- LSB 5446XS (8) 86 da/nh 3/ 19

S.F. 2138 court. 1 3. b. A licensed veterinarian practicing veterinary 2 medicine as provided in chapter 169 . 3 4. c. A person acting in order to carry out another 4 provision of law which allows the conduct. 5 5. d. A person taking, hunting, trapping, or fishing for a 6 wild animal as provided in chapter 481A . 7 6. e. A person acting to protect the person’s property from 8 a wild animal as defined in section 481A.1 . 9 7. f. A person acting to protect a person from injury or 10 death caused by a wild animal as defined in section 481A.1 . 11 8. g. A person reasonably acting to protect the person’s 12 property from damage caused by an unconfined animal. 13 9. h. A person reasonably acting to protect a person from 14 injury or death caused by an unconfined animal. 15 10. i. A local authority reasonably acting to destroy an 16 animal, if at the time of the destruction, the owner of the 17 animal is absent or unable to care for the animal, and the 18 animal is permanently distressed by disease or injury to a 19 degree that would result in severe and prolonged suffering. 20 11. j. A research facility, as defined in section 162.2 , 21 provided that the research facility performs functions within 22 the scope of accepted practices and disciplines associated with 23 the research facility. 24 3. A person who commits animal abuse in the first degree is 25 guilty of an aggravated misdemeanor. 26 4. Notwithstanding subsection 3, a person who commits 27 animal abuse in the first degree is guilty of a class “D” 28 felony under any of the following circumstances: 29 a. The offense was committed by an adult when a juvenile was 30 physically present. 31 b. The person has previously been convicted of any of the 32 following: 33 (1) Animal abuse pursuant to this section or section 34 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, 35 -4- LSB 5446XS (8) 86 da/nh 4/ 19

S.F. 2138 animal torture pursuant to section 717B.3A, animal abandonment 1 pursuant to section 717B.3B, animal endangerment pursuant 2 to section 717B.3C, injury or interference with a police 3 service dog pursuant to section 717B.9, bestiality pursuant to 4 section 717C.1, or committing an act involving a contest event 5 prohibited in section 717D.4. 6 (2) An offense under any other state’s statute 7 substantially corresponding to an offense described in 8 subparagraph (1). The court shall judicially notice 9 the statute of another state which defines such offense 10 substantially equivalent to an offense described in 11 subparagraph (1) and can therefore be considered a 12 corresponding statute. 13 Sec. 5. NEW SECTION . 717B.2A Animal abuse in the second 14 degree —— penalties. 15 1. A person commits animal abuse in the second degree when 16 the person knowingly or recklessly causes injury to an animal 17 by force, violence, or poisoning. 18 2. This section shall not apply to conduct engaged in by a 19 person described in section 717B.2, subsection 2. 20 3. A person who commits animal abuse in the second degree is 21 guilty of a serious misdemeanor. 22 4. Notwithstanding subsection 3, a person who commits 23 animal abuse in the second degree is guilty of an aggravated 24 misdemeanor under any of the following circumstances: 25 a. The offense was committed by an adult when a juvenile was 26 physically present. 27 b. The person has previously been convicted of any of the 28 following: 29 (1) Animal abuse pursuant to section 717B.2 or this section, 30 animal neglect pursuant to section 717B.2B or 717B.3, animal 31 torture pursuant to section 717B.3A, animal abandonment 32 pursuant to section 717B.3B, animal endangerment pursuant 33 to section 717B.3C, injury or interference with a police 34 service dog pursuant to section 717B.9, bestiality pursuant to 35 -5- LSB 5446XS (8) 86 da/nh 5/ 19

S.F. 2138 section 717C.1, or committing an act involving a contest event 1 prohibited in section 717D.4. 2 (2) An offense under any other state’s statute 3 substantially corresponding to an offense described in 4 subparagraph (1). The court shall judicially notice 5 the statute of another state which defines such offense 6 substantially equivalent to an offense described in 7 subparagraph (1) and can therefore be considered a 8 corresponding statute. 9 Sec. 6. NEW SECTION . 717B.2B Animal neglect in the first 10 degree —— penalties. 11 1. A person commits animal neglect in the first degree when 12 the person owns or has custody of an animal, confines that 13 animal, and causes the animal to suffer serious injury, by 14 failing to reasonably provide any of the following: 15 a. Access to food in an amount and quality sufficient to 16 satisfy the animal’s basic nutrition level. 17 b. Access to a supply of potable water in an amount 18 sufficient to satisfy the animal’s basic hydration level. 19 Access to snow or ice does not satisfy this requirement. 20 c. Sanitary conditions free from excessive animal waste or 21 the overcrowding of animals. 22 d. Adequate shelter sufficient to provide the animal with 23 protection from extreme weather conditions, including but not 24 limited to sun, wind, rain, snow, ice, or standing water. 25 2. This section does not apply to any of the following: 26 a. A person acting to carry out another provision of law 27 which allows the conduct. 28 b. A research facility, as defined in section 162.2, 29 provided that the research facility performs functions within 30 the scope of accepted practices and disciplines associated with 31 the research facility. 32 3. A person who commits animal neglect in the first degree 33 is guilty of an aggravated misdemeanor. 34 4. Notwithstanding subsection 3, a person who commits 35 -6- LSB 5446XS (8) 86 da/nh 6/ 19

S.F. 2138 animal neglect in the first degree is guilty of a class “D” 1 felony under any of the following circumstances: 2 a. The offense was committed by an adult when a juvenile was 3 physically present. 4 b. The person has previously been convicted of any of the 5 following: 6 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 7 animal neglect pursuant to this section or section 717B.3, 8 animal torture pursuant to section 717B.3A, animal abandonment 9 pursuant to section 717B.3B, animal endangerment pursuant 10 to section 717B.3C, injury or interference with a police 11 service dog pursuant to section 717B.9, bestiality pursuant to 12 section 717C.1, or committing an act involving a contest event 13 prohibited in section 717D.4. 14 (2) An offense under any other state’s statute 15 substantially corresponding to an offense described in 16 subparagraph (1). The court shall judicially notice 17 the statute of another state which defines such offense 18 substantially equivalent to an offense described in 19 subparagraph (1) and can therefore be considered a 20 corresponding statute. 21 Sec. 7. Section 717B.3, Code 2016, is amended to read as 22 follows: 23 717B.3 Animal neglect in the second degree —— penalties . 24 1. A person who impounds or commits animal neglect in 25 the second degree when the person owns or has custody of an 26 animal, confines , in any place, an that animal , is guilty of 27 animal neglect if the person does and causes the animal to 28 suffer injury, by failing to reasonably provide any of the 29 following: 30 a. Fails to supply the animal during confinement with a 31 sufficient quantity of food or water. Access to food in an 32 amount and quality sufficient to satisfy the animal’s basic 33 nutrition level. 34 b. Fails to provide a confined dog or cat with adequate 35 -7- LSB 5446XS (8) 86 da/nh 7/ 19

S.F. 2138 shelter. Access to a supply of potable water in an amount 1 sufficient to satisfy the animal’s basic hydration level. 2 Access to snow or ice does not satisfy this requirement. 3 c. Tortures, deprives of necessary sustenance, mutilates, 4 beats, or kills an animal by any means which causes unjustified 5 pain, distress, or suffering. Sanitary conditions free from 6 excessive animal waste or the overcrowding of animals. 7 d. Adequate shelter sufficient to provide the animal with 8 protection from extreme weather conditions, including but not 9 limited to sun, wind, rain, snow, ice, or standing water. 10 2. This section does not apply to a any of the following: 11 a. A person acting to carry out another provision of law 12 which allows the conduct. 13 b. A research facility, as defined in section 162.2 , 14 provided that the research facility performs functions within 15 the scope of accepted practices and disciplines associated with 16 the research facility. 17 3. A person who negligently or intentionally commits the 18 offense of animal neglect in the second degree is guilty of 19 a simple serious misdemeanor. A person who intentionally 20 commits the offense of animal neglect which results in serious 21 injury to or the death of an animal is guilty of a serious 22 misdemeanor. 23 4. Notwithstanding subsection 3, a person who commits 24 animal neglect in the second degree is guilty of an aggravated 25 misdemeanor under any of the following circumstances: 26 a. The offense was committed by an adult when a juvenile was 27 physically present. 28 b. The person has previously been convicted of any of the 29 following: 30 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 31 animal neglect pursuant to section 717B.2B or this section, 32 animal torture pursuant to section 717B.3A, animal abandonment 33 pursuant to section 717B.3B, animal endangerment pursuant 34 to section 717B.3C, injury or interference with a police 35 -8- LSB 5446XS (8) 86 da/nh 8/ 19

S.F. 2138 service dog pursuant to section 717B.9, bestiality pursuant to 1 section 717C.1, or committing an act involving a contest event 2 prohibited in section 717D.4. 3 (2) An offense under any other state’s statute 4 substantially corresponding to an offense described in 5 subparagraph (1). The court shall judicially notice 6 the statute of another state which defines such offense 7 substantially equivalent to an offense described in 8 subparagraph (1) and can therefore be considered a 9 corresponding statute. 10 Sec. 8. Section 717B.3A, Code 2016, is amended to read as 11 follows: 12 717B.3A Animal torture —— penalties . 13 1. A person is guilty of animal torture , regardless of 14 whether the person is the owner of the animal, if when the 15 person inflicts upon the animal severe and prolonged or 16 repeated physical pain with a depraved or sadistic intent to 17 cause that results in the animal’s prolonged suffering and 18 serious injury or death. 19 2. This section shall not apply to conduct engaged in by any 20 of the following: 21 a. A person acting to carry out an order issued by a court. 22 b. A licensed veterinarian practicing veterinary medicine as 23 provided in chapter 169 . 24 c. A person carrying out a practice that is consistent with 25 animal husbandry practices. 26 d. A person acting in order to carry out another provision 27 of law which allows the conduct. 28 e. A person taking, hunting, trapping, or fishing for a wild 29 animal as provided in chapter 481A . 30 f. A person acting to protect the person’s property from a 31 wild animal as defined in section 481A.1 . 32 g. A person acting to protect a person from injury or death 33 caused by a wild animal as defined in section 481A.1 . 34 h. A person reasonably acting to protect the person’s 35 -9- LSB 5446XS (8) 86 da/nh 9/ 19

S.F. 2138 property from damage caused by an unconfined animal. 1 i. A person reasonably acting to protect a person from 2 injury or death caused by an unconfined animal. 3 j. A local authority reasonably acting to destroy an animal, 4 if at the time of the destruction, the owner of the animal is 5 absent or unable to care for the animal, and the animal is 6 permanently distressed by disease or injury to a degree that 7 would result in severe and prolonged suffering. 8 k. A research facility, as defined in section 162.2 , 9 provided that the research facility performs functions within 10 the scope of accepted practices and disciplines associated with 11 the research facility. 12 3. a. The following shall apply to a person who commits 13 animal torture: 14 (1) For the first conviction, the person is guilty of an 15 aggravated misdemeanor. The sentencing order shall provide 16 that the person submit to psychological evaluation and 17 treatment according to terms required by the court. The costs 18 of the evaluation and treatment shall be paid by the person. 19 In addition, the sentencing order shall provide that the person 20 complete a community work requirement, which may include a work 21 requirement performed at an animal shelter or pound, as defined 22 in section 162.2 , according to terms required by the court. 23 (2) For a second or subsequent conviction, the person is 24 guilty of a class “D” felony. The sentencing order shall 25 provide that the person submit to psychological evaluation and 26 treatment according to terms required by the court. The costs 27 of the psychological evaluation and treatment shall be paid by 28 the person. 29 b. The juvenile court shall have exclusive original 30 jurisdiction in a proceeding concerning a child who is alleged 31 to have committed animal torture, in the manner provided in 32 section 232.8 . The juvenile court shall not waive jurisdiction 33 in a proceeding concerning an offense alleged to have been 34 committed by a child under the age of seventeen. 35 -10- LSB 5446XS (8) 86 da/nh 10/ 19

S.F. 2138 4. A person who commits animal torture is guilty of a class 1 “D” felony. 2 5. Notwithstanding subsection 4, a person who commits 3 animal torture is guilty of a class “C” felony under any of the 4 following circumstances: 5 a. The offense was committed by an adult when a juvenile was 6 physically present. 7 b. The person has previously been convicted of any of the 8 following: 9 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 10 animal neglect pursuant to section 717B.2B or 717B.3, animal 11 torture pursuant to this section, animal abandonment pursuant 12 to section 717B.3B, animal endangerment pursuant to section 13 717B.3C, injury or interference with a police service dog 14 pursuant to section 717B.9, bestiality pursuant to section 15 717C.1, or committing an act involving a contest event 16 prohibited in section 717D.4. 17 (2) An offense under any other state’s statute 18 substantially corresponding to an offense described in 19 subparagraph (1). The court shall judicially notice 20 the statute of another state which defines such offense 21 substantially equivalent to an offense described in 22 subparagraph (1) and can therefore be considered a 23 corresponding statute. 24 Sec. 9. NEW SECTION . 717B.3B Animal abandonment —— 25 penalties. 26 1. A person commits animal abandonment when the person does 27 all of the following: 28 a. Knowingly or recklessly relinquishes custody of an animal 29 at a location in which the person does not hold a legal or 30 equitable interest. 31 b. Fails to do any of the following: 32 (1) Legally transfer the animal to another person. 33 (2) Make reasonable arrangements for the transfer of 34 custody of the animal to a person who agrees to assume custody 35 -11- LSB 5446XS (8) 86 da/nh 11/ 19

S.F. 2138 of the animal. 1 (3) Make other reasonable arrangements for the care of the 2 animal in a manner that would not constitute animal neglect in 3 the first degree under section 717B.2B, subsection 1. 4 2. A person who commits animal abandonment is guilty of a 5 simple misdemeanor. 6 3. Notwithstanding subsection 2, a person who commits 7 animal abandonment is guilty of a serious misdemeanor under any 8 of the following circumstances: 9 a. The offense was committed by an adult when a juvenile was 10 physically present. 11 b. The person has previously been convicted of any of the 12 following: 13 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 14 animal neglect pursuant to section 717B.2B or 717B.3, animal 15 torture pursuant to section 717B.3A, animal abandonment 16 pursuant to this section, animal endangerment pursuant to 17 section 717B.3C, injury or interference with a police service 18 dog pursuant to section 717B.9, bestiality pursuant to 19 section 717C.1, or committing an act involving a contest event 20 prohibited in section 717D.4. 21 (2) An offense under any other state’s statute 22 substantially corresponding to an offense described in 23 subparagraph (1). The court shall judicially notice 24 the statute of another state which defines such offense 25 substantially equivalent to an offense described in 26 subparagraph (1) and can therefore be considered a 27 corresponding statute. 28 Sec. 10. NEW SECTION . 717B.3C Animal endangerment —— 29 penalties. 30 1. A person commits animal endangerment when the person 31 confines an animal in a stationary motor vehicle in a manner 32 that endangers the health or life of the animal by exposing the 33 animal to a prolonged period of extreme interior temperature or 34 a long period without adequate ventilation. 35 -12- LSB 5446XS (8) 86 da/nh 12/ 19

S.F. 2138 2. A person who commits animal endangerment is guilty of a 1 simple misdemeanor. 2 3. Notwithstanding subsection 2, a person who commits 3 animal endangerment is guilty of a serious misdemeanor under 4 any of the following circumstances: 5 a. The offense was committed by an adult when a juvenile was 6 physically present. 7 b. The person has previously been convicted of any of the 8 following: 9 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 10 animal neglect pursuant to section 717B.2B or 717B.3, animal 11 torture pursuant to section 717B.3A, animal abandonment 12 pursuant to this section, animal endangerment pursuant to 13 this section, injury or interference with a police service 14 dog pursuant to section 717B.9, bestiality pursuant to 15 section 717C.1, or committing an act involving a contest event 16 prohibited in section 717D.4. 17 (2) An offense under any other state’s statute 18 substantially corresponding to an offense described in 19 subparagraph (1). The court shall judicially notice 20 the statute of another state which defines such offense 21 substantially equivalent to an offense described in 22 subparagraph (1) and can therefore be considered a 23 corresponding statute. 24 Sec. 11. NEW SECTION . 717B.3D Animal mistreatment —— court 25 order —— evaluation and treatment. 26 1. At the time of a person’s conviction for a public 27 offense committed under this chapter, a court may enter an 28 order requiring the person to undergo a psychological or 29 psychiatric evaluation and to undergo any treatment that the 30 court determines to be appropriate after due consideration of 31 the evaluation. However, the court shall enter such an order 32 if the convicted person is any of the following: 33 a. A juvenile. 34 b. An adult committing animal abuse pursuant to section 35 -13- LSB 5446XS (8) 86 da/nh 13/ 19

S.F. 2138 717B.2 or 717B.2A, animal neglect in the first degree pursuant 1 to section 717B.2B, animal neglect in the second degree 2 punishable as an aggravated misdemeanor pursuant to section 3 717B.3, or animal torture pursuant to section 717B.3A. 4 2. The costs of undergoing a psychological or psychiatric 5 evaluation and undergoing any treatment ordered by the court 6 shall be borne by the convicted person, unless the person is 7 a juvenile. 8 3. An order made under this section is in addition to any 9 other order or sentence of the court. 10 4. Any violation of the court order shall be punished as 11 contempt of court pursuant to chapter 665. 12 Sec. 12. NEW SECTION . 717B.3E Animal mistreatment —— 13 sentencing order —— prohibitions. 14 1. Upon the time of a person’s sentencing for a public 15 offense committed under this chapter, a court may prohibit the 16 person from owning or obtaining custody of an animal belonging 17 to the same taxonomic genus as the animal that the defendant 18 is convicted of mistreating, or residing in the same dwelling 19 where such animal is kept. The period of the prohibition shall 20 be not less than one but not more than five years. 21 2. Notwithstanding subsection 1, the court shall enter such 22 an order if the convicted person has committed animal abuse 23 pursuant to section 717B.2 or 717B.2A, animal neglect in the 24 first degree pursuant to section 717B.2B, animal neglect in the 25 second degree punishable as an aggravated misdemeanor pursuant 26 to section 717B.3, or animal torture pursuant to section 27 717B.3A. The period of such prohibition shall be as follows: 28 a. For an aggravated misdemeanor, from one to five years. 29 b. For a class “D” felony, from five to fifteen years. 30 c. For a class “C” felony, for life. 31 3. The duration of a prohibition described in this 32 section commences on the date that the person is placed on 33 probation, released on parole or work release, or released from 34 incarceration or from placement in a juvenile facility. 35 -14- LSB 5446XS (8) 86 da/nh 14/ 19

S.F. 2138 4. An order made pursuant to this section is in addition to 1 any other order or sentence of the court. 2 5. Any violation of the court order described in this 3 section is a public offense and shall be punished as a simple 4 misdemeanor. 5 Sec. 13. Section 717B.5, subsection 1, Code 2016, is amended 6 to read as follows: 7 1. The rescue must be made by a law enforcement officer 8 having cause to believe that the animal is a threatened animal 9 after consulting with a veterinarian licensed pursuant to 10 chapter 169 . An animal cruelty report filed with a local 11 law enforcement agency pursuant to section 717B.10 is not a 12 substitute for consulting with a licensed veterinarian. The 13 law enforcement officer may rescue the animal by entering on 14 public or private property, as provided in this subsection . 15 The law enforcement officer may enter onto property of a person 16 to rescue the animal if the officer obtains a search warrant 17 issued by a court, or enters onto the premises in a manner 18 consistent with the laws of this state and the United States, 19 including Article I, section 8, of the Constitution of the 20 State of Iowa, or the fourth amendment to the Constitution of 21 the United States. 22 Sec. 14. NEW SECTION . 717B.5A Rescue —— motor vehicles. 23 1. A law enforcement officer may rescue an animal from a 24 stationary motor vehicle, including through the use of forced 25 entrance, if the law enforcement officer reasonably believes 26 that the animal may be suffering distress due to exposure to 27 extreme interior temperature or a lack of adequate ventilation. 28 The law enforcement officer’s action is justified regardless 29 of whether the law enforcement officer observed indications 30 of distress or whether the person could be charged with or 31 convicted of committing a public offense. 32 2. The law enforcement officer shall provide written 33 notice of the rescue to the animal’s responsible party. This 34 requirement is satisfied by placing the notice in a conspicuous 35 -15- LSB 5446XS (8) 86 da/nh 15/ 19

S.F. 2138 place located within the motor vehicle. The notice must state 1 where the rescued animal may be claimed. 2 3. The local authority shall provide for the maintenance 3 of the rescued animal as if it were a threatened animal under 4 section 717B.5. However, no dispositional proceeding under 5 section 717B.4 is required if within ten days after the date 6 of the animal’s rescue the responsible party claims the animal 7 from the local authority. In order to claim the animal, the 8 responsible party must reimburse the local authority for all 9 reasonable costs that accrued from rescuing and maintaining the 10 animal. 11 Sec. 15. NEW SECTION . 717B.10 Animal cruelty report. 12 A local law enforcement agency shall accept and file an 13 animal cruelty report submitted by a person as provided in 14 section 169.21. The report may be used as the basis for an 15 investigation or criminal complaint or information under this 16 chapter, or for determining whether to perform a rescue under 17 section 717B.5. 18 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 19 3, shall not apply to this Act. 20 Sec. 17. REPEAL. Section 717B.8, Code 2016, is repealed. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 GENERAL. This bill amends Code chapter 717B prohibiting 25 the mistreatment of certain animals, including dogs and cats, 26 but excluding other animals such as livestock (Code chapter 27 717); game, fur-bearing animals, fish, reptiles, or amphibians 28 (Code chapter 481A), unless such animal is owned, confined, 29 or controlled by a person; or a nongame animal declared to be 30 a nuisance by the natural resource commission (Code section 31 481A.42). 32 There are seven amended or new criminal offenses, including 33 animal abuse in the first or second degree (amended Code 34 section 717B.2 and new Code section 717B.2A), animal neglect 35 -16- LSB 5446XS (8) 86 da/nh 16/ 19

S.F. 2138 in the first or second degree (new Code section 717B.2B 1 and amended Code section 717B.3), animal torture (amended 2 Code section 717B.3A), animal abandonment (new Code section 3 717B.3B), and animal endangerment (new Code section 717B.3C). 4 Each of the amended or new offenses includes an enhanced 5 penalty that applies to a convicted person in either of two 6 situations: (1) the person is an adult who committed the 7 offense in the presence of a juvenile or (2) the person has 8 previously committed any of the offenses previously described; 9 committed injury or interference with a police service dog 10 (Code section 717B.9); committed bestiality (Code section 11 717C.1); committed an offense involving animal fighting (Code 12 section 717D.4); or committed any similar offense in another 13 state. 14 TYPES OF CRIMINAL OFFENSES BASED ON OBSERVED INJURY. Animal 15 abuse involves injuring an animal by violence or poisoning; 16 animal neglect involves failing to provide an animal with 17 adequate food, water, or habitable conditions; and animal 18 torture involves inflicting upon the animal severe and 19 prolonged or repeated physical pain. For animal abuse in 20 the first or second degree, animal neglect in the first or 21 second degree, or animal torture, the animal must suffer a 22 serious injury meaning a substantial risk of death, protracted 23 disfigurement, impairment, or a loss or impairment of a limb. 24 For animal abuse in the second degree or animal neglect in 25 the second degree, the animal must suffer some injury to the 26 animal’s body. For these observable injury-related offenses, 27 the criminal penalties are as follows: (1) animal abuse 28 in the first degree, an aggravated misdemeanor which may 29 be enhanced to a class “D” felony; (2) animal abuse in the 30 second degree, a serious misdemeanor which may be enhanced to 31 an aggravated misdemeanor; (3) animal neglect in the first 32 degree, an aggravated misdemeanor which may be enhanced to a 33 class “D” felony; (4) animal neglect in the second degree, a 34 serious misdemeanor which may be enhanced to an aggravated 35 -17- LSB 5446XS (8) 86 da/nh 17/ 19

S.F. 2138 misdemeanor; and (5) animal torture, a class “D” felony which 1 may be enhanced to a class “C” felony. 2 A number of exceptions apply to the animal abuse and animal 3 torture offenses, including carrying out (1) a court order; (2) 4 a veterinary practice; (3) a good animal husbandry practice; 5 (4) another provision of law; (5) legally hunting, trapping, 6 or fishing; (6) a defense of property or life; (7) conduct 7 by a local authority; and (8) research activities. The bill 8 eliminates a provision in the current abuse Code section that 9 excepts an animal’s owner from culpability. The bill also 10 eliminates an element of animal torture that requires proof of 11 sadistic or depraved intent. 12 TYPES OF CRIMINAL OFFENSES NOT BASED ON AN OBSERVED INJURY. 13 For animal abandonment, a person must knowingly or recklessly 14 relinquish custody of an animal, and then fail to provide for 15 its legal transfer or make arrangements for its care. For 16 animal endangerment, a person must confine an animal in a 17 stationary motor vehicle in a manner that endangers the health 18 or life of the animal. For these last two offenses, the 19 criminal penalties are the same: a simple misdemeanor which 20 may be enhanced to a serious misdemeanor. 21 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 22 as follows: (1) simple misdemeanor, confinement for no more 23 than 30 days or a fine of at least $65 but not more than $625 or 24 by both; (2) serious misdemeanor, confinement for no more than 25 one year and a fine of at least $315 but not more than $1,875; 26 (3) aggravated misdemeanor, confinement for no more than two 27 years and a fine of at least $625 but not more than $6,250; (4) 28 class “D” felony, confinement for no more than five years and a 29 fine of at least $750 but not more than $7,500; and (5) class 30 “C” felony, confinement for no more than 10 years and a fine of 31 at least $1,000 but not more than $10,000. 32 COURT ORDERS. At the time of conviction for committing 33 any of the offenses, a person may be subject to a court order 34 requiring a psychological or psychiatric evaluation and 35 -18- LSB 5446XS (8) 86 da/nh 18/ 19

S.F. 2138 treatment. The person may also be subject to a court order 1 prohibiting the person from owning, possessing, or living with 2 an animal of the same genus as the mistreated animal. In each 3 case, the court’s decision to issue an order is discretionary 4 except under certain conditions. A court order requiring an 5 evaluation and treatment is mandatory for juveniles. That 6 order and the order prohibiting contact with animals is 7 also mandatory if the offense is punishable as an aggravated 8 misdemeanor or felony. For a discretionary court order, 9 the period of prohibition is from one to five years. For a 10 mandatory court order, the period of prohibition is as follows: 11 (1) one to five years for an aggravated misdemeanor, (2) 5 to 12 15 years for a class “D” felony, and (3) life for a class “C” 13 felony. 14 ANIMAL RESCUE. A law enforcement officer (e.g., county 15 sheriff or deputy sheriff) is authorized to rescue an animal 16 from a motor vehicle based upon the officer’s reasonable belief 17 that the animal may be suffering distress. The officer must 18 provide a written notice of the rescue. After the rescue, the 19 animal must be maintained as a rescued animal by the local 20 authority until it is claimed or disposed of pursuant to court 21 order. 22 MANDATORY REPORTING. A veterinarian is required to report 23 cases in which an animal may have suffered a serious injury due 24 to animal abuse, animal neglect, or animal torture. The board 25 of veterinary medicine may prescribe the form of the report. 26 The report must be submitted to the local law enforcement 27 agency having jurisdiction of the matter. 28 STATE MANDATE. The bill may include a state mandate as 29 defined in Code section 25B.3. The bill makes inapplicable 30 Code section 25B.2, subsection 3, which would relieve a 31 political subdivision from complying with a state mandate if 32 funding for the cost of the state mandate is not provided or 33 specified. Therefore, political subdivisions are required to 34 comply with any state mandate included in the bill. 35 -19- LSB 5446XS (8) 86 da/nh 19/ 19