Senate File 51 - Introduced SENATE FILE 51 BY McCOY A BILL FOR An Act relating to certain animals confined in motor vehicles, 1 including by creating a criminal offense, providing for 2 the taking and disposition of such animals, and providing 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1529XS (4) 86 da/nh

S.F. 51 Section 1. Section 717B.1, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Motor vehicle” means the same as 3 defined in section 321M.1. 4 Sec. 2. Section 717B.3, Code 2015, is amended to read as 5 follows: 6 717B.3 Animal neglect. 7 1. A person who impounds or confines, in any place, an 8 animal is guilty of animal neglect if the person does any of 9 the following: 10 a. Fails to supply the animal during confinement with a 11 sufficient quantity of food or water. 12 b. Fails to provide a confined dog or cat with adequate 13 shelter. 14 c. Tortures, deprives of necessary sustenance, mutilates, 15 beats, or kills an animal by any means which causes unjustified 16 pain, distress, or suffering. 17 2. a. A person who confines an animal in a stationary 18 motor vehicle is guilty of animal neglect if the animal’s 19 uninterrupted confinement under the circumstances, including 20 but not limited to exterior temperature and humidity levels, 21 would likely result in the animal’s imminent injury or death. 22 b. A person does not commit animal neglect under this 23 subsection if any of the following circumstances exist: 24 (1) The motor vehicle is occupied by a person who may obtain 25 any form of driver’s license under chapter 321. 26 (2) The motor vehicle is not occupied by a person described 27 in subparagraph (1) due to an emergency. 28 2. 3. This section does not apply to a research facility, 29 as defined in section 162.2 , provided that the research 30 facility performs functions within the scope of accepted 31 practices and disciplines associated with the research 32 facility. 33 3. 4. A person who negligently or intentionally commits the 34 offense of animal neglect is guilty of a simple misdemeanor. A 35 -1- LSB 1529XS (4) 86 da/nh 1/ 3

S.F. 51 person who intentionally commits the offense of animal neglect 1 which that results in serious injury to or the death of an 2 animal is guilty of a serious misdemeanor. 3 Sec. 3. Section 717B.5, Code 2015, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 1A. Notwithstanding subsection 1, a law 6 enforcement officer may provide for the emergency rescue of 7 an animal confined in a motor vehicle if the law enforcement 8 officer does all of the following: 9 a. Makes a determination that the animal requires immediate 10 attention. 11 b. Has probable cause to make an arrest for the commission 12 of animal neglect under section 717B.3. 13 c. Takes only such action as is necessary to perform the 14 rescue. The law enforcement officer may use reasonable force 15 in order to enter a locked motor vehicle. 16 d. Provides notice of the rescue to the animal’s responsible 17 party or any other person owning or operating the motor vehicle 18 confining the animal. The notice shall state where the rescued 19 animal may be retrieved. The notice may be made personally or 20 in writing and placed in that part of the motor vehicle where 21 the animal was confined. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 ANIMAL NEGLECT. This bill provides that a person commits 26 animal neglect by confining an animal in a stationary motor 27 vehicle. The confinement must be uninterrupted for a period 28 in which, under the circumstances, including temperature and 29 humidity levels, the animal faces imminent injury or death. 30 There are two exceptions: (1) the motor vehicle is occupied 31 by a person who may obtain any form of driver’s license or 32 (2) the motor vehicle is unoccupied by such a person due to 33 an emergency. A person who commits animal neglect under the 34 bill is guilty of a simple misdemeanor which is punishable by 35 -2- LSB 1529XS (4) 86 da/nh 2/ 3

S.F. 51 confinement for no more than 30 days or a fine of at least 1 $65 but not more than $625, or by both. However, a person 2 who intentionally commits the offense of animal neglect 3 that results in serious injury to or the death of an animal 4 is guilty of a serious misdemeanor which is punishable by 5 confinement for no more than one year and a fine of at least 6 $315 but not more than $1,875. 7 RESCUE. The bill provides that a law enforcement officer may 8 rescue an animal confined in a motor vehicle. Four conditions 9 must be satisfied. The officer must: (1) make a determination 10 that the animal requires immediate attention, (2) have probable 11 cause to make an arrest for animal neglect, (3) take only such 12 action as is necessary to perform the rescue, and (4) provide 13 notice of the rescue to either a person who owns or maintains 14 the animal or owns or operates the motor vehicle. 15 CURRENT LAW. Code chapter 717B provides for the welfare 16 of animals other than livestock, game not owned by a person, 17 or animals declared a nuisance by the department of natural 18 resources (Code section 717B.1). A person commits animal 19 neglect by failing to provide an animal with adequate food 20 or water, or a confined dog or cat with adequate shelter, 21 or torturing, depriving of sustenance, mutilating, beating, 22 or killing an animal by any means that causes unjustified 23 pain, distress, or suffering (Code section 717B.3). A law 24 enforcement officer (a member of a city police force or county 25 sheriff’s office) may enter onto private property in order to 26 rescue a neglected animal after consulting with a licensed 27 veterinarian and complying with applicable federal and state 28 constitutional requirements (Code section 717B.5). A rescued 29 animal is then transferred to the custody of a local authority 30 (a city or county) which notifies the responsible party (the 31 person owning or maintaining the animal). A district court 32 finally determines whether an animal is neglected and the 33 animal’s disposition (Code section 717B.4). 34 -3- LSB 1529XS (4) 86 da/nh 3/ 3