S.F. 22 Section 1. Section 717B.1, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8A. “Service dog” means a dog classified 3 as a service animal that performs tasks for the benefit of its 4 handler who is disabled pursuant to 42 U.S.C. §12131 et seq., 5 and federal regulations in 28 C.F.R. §35.104 and 28 C.F.R. 6 §35.136. 7 Sec. 2. NEW SECTION . 717B.10 Service dog abuse. 8 1. A person commits the offense of service dog abuse if the 9 person owns or possesses a dog which attacks a service dog, 10 unless any of the following circumstances exist: 11 a. The attacking dog is owned or possessed by the owner or 12 handler of the service dog at the time of the attack. 13 b. The service dog was not under the control or direction of 14 its owner or handler at the time of the attack. 15 c. The service dog exhibited aggressive behavior immediately 16 prior to the attack. 17 2. a. Except as provided in paragraphs “b” and “c” , a 18 person who commits service dog abuse is guilty of a simple 19 misdemeanor. 20 b. The person is guilty of a serious misdemeanor when any of 21 the following applies: 22 (1) The service dog was attacked in a manner that caused 23 death, permanent disfigurement, or permanent disability of the 24 service dog. 25 (2) The person has been convicted three or more times in 26 the previous ten years of committing an offense under section 27 717B.2, 717B.3, 717B.3A, or 717B.9, or this section. 28 c. The person is guilty of an aggravated misdemeanor 29 when the attack was directly caused by the person’s willful, 30 malicious, or reckless act. 31 3. In addition to a penalty imposed under subsection 2, 32 the court shall order a defendant convicted of or receiving a 33 deferred judgment for service dog abuse to make restitution 34 for pecuniary damages pursuant to chapter 910. The amount of 35 -1- LSB 1084XS (4) 86 da/nh 1/ 3

S.F. 22 pecuniary damages ordered to be paid to the victim by a court 1 shall be limited to expenses for veterinary care, the temporary 2 or permanent replacement of the service dog, and other 3 reasonable expenses incurred as a direct result of the attack. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 GENERAL. This bill amends Code chapter 717B, which provides 8 for offenses relating to the mistreatment of animals defined 9 not to include livestock or game (Code section 717B.1). A 10 person who intentionally injures, maims, disfigures, or 11 destroys an animal owned by another person commits animal 12 abuse and is guilty of an aggravated misdemeanor (Code section 13 717B.2). 14 SERVICE DOG ABUSE —— NEW CRIMINAL OFFENSE. The bill creates 15 a new criminal offense referred to as service dog abuse. A 16 person commits this offense when such person owns or possesses 17 another dog which attacks a service dog. A service dog is 18 defined as a dog classified as a service animal as provided 19 in regulations adopted by the United States department of 20 justice pursuant to the federal Americans with Disabilities 21 Act. Under federal law, the dog must be individually 22 trained to do work or perform tasks for the benefit of an 23 individual with a disability, including a physical, sensory, 24 psychiatric, intellectual, or other mental disability. The 25 bill specifically excludes certain circumstances including when 26 the two dogs are owned by the same person, or a service dog was 27 either not under the control of its owner or handler or behaved 28 aggressively. 29 SERVICE DOG ABUSE —— PENALTIES AND RESTITUTION. Generally, 30 a person convicted of service dog abuse is guilty of a simple 31 misdemeanor. However, a person owning or possessing the 32 attacking dog is guilty of a serious misdemeanor if the service 33 dog was critically injured or killed, or the person has been 34 convicted three or more times in the previous 10 years of an 35 -2- LSB 1084XS (4) 86 da/nh 2/ 3

S.F. 22 offense under the Code chapter. A person owning or possessing 1 the attacking dog is guilty of an aggravated misdemeanor if the 2 attack was directly caused by the person’s willful, malicious, 3 or reckless act. The person must also pay restitution to the 4 victim for certain expenses incurred by the attack, including 5 for veterinary care or for the replacement of the service dog 6 (see Code chapter 910). 7 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 8 confinement for no more than 30 days or a fine of at least 9 $65 but not more than $625 or by both. A serious misdemeanor 10 is punishable by confinement for no more than one year and a 11 fine of at least $315 but not more than $1,875. An aggravated 12 misdemeanor is punishable by confinement for no more than two 13 years and a fine of at least $625 but not more than $6,250. 14 -3- LSB 1084XS (4) 86 da/nh 3/ 3