H.F. 2065 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 board is precluded 11 from concluding that an animal is being subjected to animal 12 cruelty if the animal is provided care in a manner that would 13 meet the standard of care for that species of animal under 14 state law as enforced by the department of agriculture and land 15 stewardship and under federal law as enforced by the United 16 States department of agriculture. The conclusion must at least 17 be based on clinical indications that if true could reasonably 18 constitute elements of animal abuse in the first degree as 19 described in section 717B.2, subsection 1, or animal torture as 20 described in section 717B.3A, subsection 1. 21 c. Notwithstanding section 169.3, for purposes of this 22 section, “animal” means the same as defined in section 717B.1. 23 2. A report shall include, to every extent known by the 24 person completing the report, all of the following: 25 a. The name and description of the animal. 26 b. The address and contact information of the owner or other 27 person responsible for the care of the animal. 28 c. A description of the nature and extent of the indications 29 of animal cruelty. 30 d. Any evidence indicating that the animal has been 31 subjected to animal cruelty previously. 32 e. Any other information required by the local law 33 enforcement agency that may be of value in conducting a 34 criminal investigation. 35 -1- LSB 5226YH (3) 87 da/rj 1/ 14

H.F. 2065 3. The board may prepare and distribute a form for use 1 by a person completing and submitting a report under this 2 section and by a local law enforcement agency filing the 3 report under section 717B.10. The form shall replace the 4 information required to be completed in subsection 2. However, 5 the report must at least require the completion of information 6 necessary for a law enforcement officer to interview the person 7 submitting the report and conduct an investigation regarding 8 the commission of a public offense described in subsection 9 1. The board may consult the department of public safety when 10 preparing the form and may provide the form to the department 11 of agriculture and land stewardship or the department of public 12 safety for publication on the internet site of the respective 13 department. 14 4. A person participating in good faith in reporting, 15 cooperating with, or assisting a local law enforcement agency 16 in evaluating a case of animal cruelty has immunity from 17 criminal or civil liability or administrative disciplinary 18 action which might otherwise be incurred or imposed based upon 19 the act of making the report, cooperating with, or giving the 20 assistance. The person has the same immunity with respect to 21 participating in good faith in a judicial proceeding resulting 22 from the report or relating to the subject matter of the 23 report. 24 Sec. 2. Section 717B.1, Code 2018, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 3A. a. “Convicted” means found guilty of, 27 pleads guilty to, or is sentenced or adjudicated delinquent 28 for an act which is an indictable offense in this state or in 29 another state, including but not limited to a juvenile who has 30 been adjudicated delinquent, whether or not the juvenile court 31 records have been sealed under section 232.150, and a person 32 who has received a deferred sentence or a deferred judgment or 33 has been acquitted by reason of insanity. 34 b. “Convicted” includes the conviction of a juvenile 35 -2- LSB 5226YH (3) 87 da/rj 2/ 14

H.F. 2065 prosecuted as an adult. “Convicted” also includes a conviction 1 for an attempt or conspiracy to commit an offense. 2 c. “Convicted” does not mean a plea, sentence, adjudication, 3 deferred sentence, or deferred judgment which has been reversed 4 or otherwise set aside. 5 NEW SUBSECTION . 4A. “Injury” means an impairment to an 6 animal’s health or functions, including physical damage or harm 7 to an animal’s muscle, tissue, organs, bones, hide, or skin, 8 that causes the animal to suffer pain. 9 NEW SUBSECTION . 6A. “Local law enforcement agency” means 10 an entity established as part of a local authority to serve as 11 a police force responsible for the prevention and detection of 12 crime and enforcement of the criminal laws of this state. 13 NEW SUBSECTION . 8A. “Serious injury” means an injury that 14 creates a substantial risk of death or that causes protracted 15 disfigurement, protracted impairment of health, or protracted 16 loss or impairment of the function of a limb or organ. 17 Sec. 3. Section 717B.1, subsection 9, Code 2018, is amended 18 to read as follows: 19 9. “Threatened animal” means an animal that is abused as 20 provided suffers mistreatment due to animal abuse as described 21 in section 717B.2 or 717B.2A , neglected animal neglect as 22 provided described in section 717B.3 , or tortured animal 23 torture as provided described in section 717B.3A . 24 Sec. 4. Section 717B.2, Code 2018, is amended to read as 25 follows: 26 717B.2 Animal abuse in the first degree —— penalties . 27 1. A person is guilty of animal abuse if the person 28 intentionally injures, maims, disfigures, or destroys an animal 29 owned by another person, in any manner, including intentionally 30 poisoning the animal commits animal abuse in the first degree 31 if the person knowingly or recklessly causes serious injury or 32 death to an animal by force, violence, or poisoning . A person 33 guilty of animal abuse is guilty of an aggravated misdemeanor. 34 2. This section shall not apply to conduct engaged in by any 35 -3- LSB 5226YH (3) 87 da/rj 3/ 14

H.F. 2065 of the following: 1 1. A person acting with the consent of the person owning 2 the animal, unless the action constitutes animal neglect as 3 provided in section 717B.3 . 4 2. a. A person acting to carry out an order issued by a 5 court. 6 3. b. A licensed veterinarian practicing veterinary 7 medicine as provided in chapter 169 . 8 4. c. A person acting in order to carry out another 9 provision of law which allows the conduct. 10 5. d. A person taking, hunting, trapping, or fishing for a 11 wild animal as provided in chapter 481A . 12 6. e. A person acting to protect the person’s property from 13 a wild animal as defined in section 481A.1 . 14 7. f. A person acting to protect a person from injury or 15 death caused by a wild animal as defined in section 481A.1 . 16 8. g. A person reasonably acting to protect the person’s 17 property from damage caused by an unconfined animal. 18 9. h. A person reasonably acting to protect a person from 19 injury or death caused by an unconfined animal. 20 10. i. A local authority reasonably acting to destroy an 21 animal, if at the time of the destruction, the owner of the 22 animal is absent or unable to care for the animal, and the 23 animal is permanently distressed by disease or injury to a 24 degree that would result in severe and prolonged suffering. 25 11. j. A research facility, as defined in section 162.2 , 26 provided that the research facility performs functions within 27 the scope of accepted practices and disciplines associated with 28 the research facility. 29 3. A person who commits animal abuse in the first degree is 30 guilty of an aggravated misdemeanor. 31 4. Notwithstanding subsection 3, a person who commits 32 animal abuse in the first degree is guilty of a class “D” 33 felony under any of the following circumstances: 34 a. The offense was committed by an adult when a juvenile was 35 -4- LSB 5226YH (3) 87 da/rj 4/ 14

H.F. 2065 physically present. 1 b. The person has previously been convicted of any of the 2 following: 3 (1) Animal abuse pursuant to this section or section 4 717B.2A, animal neglect pursuant to section 717B.3, animal 5 torture pursuant to section 717B.3A, injury or interference 6 with a police service dog pursuant to section 717B.9, 7 bestiality pursuant to section 717C.1, or committing an act 8 involving a contest event prohibited in section 717D.2. 9 (2) An offense under any other state’s statute 10 substantially corresponding to an offense described in 11 subparagraph (1). The court shall judicially notice 12 the statute of another state which defines such offense 13 substantially equivalent to an offense described in 14 subparagraph (1) and can therefore be considered a 15 corresponding statute. 16 Sec. 5. NEW SECTION . 717B.2A Animal abuse in the second 17 degree —— penalties. 18 1. A person commits animal abuse in the second degree if 19 the person knowingly or recklessly causes injury or death to an 20 animal by force, violence, or poisoning. 21 2. This section shall not apply to conduct engaged in by a 22 person described in section 717B.2, subsection 2. 23 3. A person who commits animal abuse in the second degree is 24 guilty of a serious misdemeanor. 25 4. Notwithstanding subsection 3, a person who commits 26 animal abuse in the second degree is guilty of an aggravated 27 misdemeanor under any of the following circumstances: 28 a. The offense was committed by an adult when a juvenile was 29 physically present. 30 b. The person has previously been convicted of any of the 31 following: 32 (1) Animal abuse pursuant to section 717B.2 or this section, 33 animal neglect pursuant to section 717B.3, animal torture 34 pursuant to section 717B.3A, injury or interference with a 35 -5- LSB 5226YH (3) 87 da/rj 5/ 14

H.F. 2065 police service dog pursuant to section 717B.9, bestiality 1 pursuant to section 717C.1, or committing an act involving a 2 contest event prohibited in section 717D.2. 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. 6. Section 717B.3A, Code 2018, 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 the person 15 inflicts upon the animal severe and prolonged or repeated 16 physical pain with a depraved or sadistic intent to cause that 17 results in the animal’s prolonged suffering and serious injury 18 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 -6- LSB 5226YH (3) 87 da/rj 6/ 14

H.F. 2065 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 -7- LSB 5226YH (3) 87 da/rj 7/ 14

H.F. 2065 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.3, animal torture 11 pursuant to this section, injury or interference with a police 12 service dog pursuant to section 717B.9, bestiality pursuant to 13 section 717C.1, or committing an act involving a contest event 14 prohibited in section 717D.2. 15 (2) An offense under any other state’s statute 16 substantially corresponding to an offense described in 17 subparagraph (1). The court shall judicially notice 18 the statute of another state which defines such offense 19 substantially equivalent to an offense described in 20 subparagraph (1) and can therefore be considered a 21 corresponding statute. 22 Sec. 7. NEW SECTION . 717B.3D Animal mistreatment —— court 23 order —— evaluation and treatment. 24 1. At the time of a person’s conviction for the commission 25 of a public offense under this chapter, a court may enter 26 an order requiring the person to undergo a psychological or 27 psychiatric evaluation and to undergo any treatment that the 28 court determines to be appropriate after due consideration of 29 the evaluation. However, the court shall enter such an order 30 if the convicted person is any of the following: 31 a. A juvenile. 32 b. An adult committing animal abuse pursuant to section 33 717B.2 or 717B.2A or animal torture pursuant to section 34 717B.3A. 35 -8- LSB 5226YH (3) 87 da/rj 8/ 14

H.F. 2065 2. The costs of undergoing a psychological or psychiatric 1 evaluation and undergoing any treatment ordered by the court 2 shall be borne by the convicted person, unless the person is 3 a juvenile. 4 3. An order made under this section is in addition to any 5 other order or sentence of the court. 6 4. Any violation of the court order shall be punished as 7 contempt of court pursuant to chapter 665. 8 Sec. 8. NEW SECTION . 717B.3E Animal mistreatment —— 9 sentencing order —— prohibitions. 10 1. At the time of a person’s sentencing for the commission 11 of a public offense under this chapter, a court may prohibit 12 the person from owning or obtaining custody of an animal 13 belonging to the same taxonomic genus as the animal that the 14 defendant is convicted of mistreating, or residing in the 15 same dwelling where such animal is kept. The period of the 16 prohibition shall be not less than one but not more than five 17 years. 18 2. Notwithstanding subsection 1, the court shall enter 19 such an order if the convicted person has committed animal 20 abuse pursuant to section 717B.2 or 717B.2A, or animal torture 21 pursuant to section 717B.3A. The period of such prohibition 22 shall be as follows: 23 a. For an aggravated misdemeanor, from one to five years. 24 b. For a class “D” felony, from five to fifteen years. 25 c. For a class “C” felony, for life. 26 3. The duration of a prohibition described in this 27 section commences on the date that the person is placed on 28 probation, released on parole or work release, or released from 29 incarceration or from placement in a juvenile facility. 30 4. An order made pursuant to this section is in addition to 31 any other order or sentence of the court. 32 5. Any violation of the court order described in this 33 section is a public offense and shall be punished as a simple 34 misdemeanor. 35 -9- LSB 5226YH (3) 87 da/rj 9/ 14

H.F. 2065 Sec. 9. Section 717B.5, subsection 1, Code 2018, is amended 1 to read as follows: 2 1. The rescue must be made by a law enforcement officer 3 having cause to believe that the animal is a threatened animal 4 after consulting with a veterinarian licensed pursuant to 5 chapter 169 . An animal cruelty report filed with a local 6 law enforcement agency pursuant to section 717B.10 is not a 7 substitute for consulting with a licensed veterinarian. The 8 law enforcement officer may rescue the animal by entering on 9 public or private property, as provided in this subsection . 10 The law enforcement officer may enter onto property of a person 11 to rescue the animal if the officer obtains a search warrant 12 issued by a court, or enters onto the premises in a manner 13 consistent with the laws of this state and the United States, 14 including Article I, section 8, of the Constitution of the 15 State of Iowa, or the fourth amendment to the Constitution of 16 the United States. 17 Sec. 10. NEW SECTION . 717B.10 Reports. 18 1. A local law enforcement agency shall accept and file 19 an animal cruelty report submitted by a person as provided in 20 section 169.21. The report may be used as the basis for an 21 investigation or criminal complaint or information under this 22 chapter, or for determining whether to perform a rescue under 23 section 717B.5. 24 2. a. A local law enforcement agency shall file a child 25 endangerment alert report with the department of human services 26 if all of the following apply: 27 (1) A law enforcement officer employed by the law 28 enforcement agency conducts an investigation of a suspected 29 offense of animal abuse as described in section 717B.2 or 30 717B.2A, animal neglect as described in section 717B.3, or 31 animal torture as described in section 717B.3A. 32 (2) The law enforcement officer reasonably believes that a 33 minor child of the subject of the investigation witnessed the 34 commission of the offense. 35 -10- LSB 5226YH (3) 87 da/rj 10/ 14

H.F. 2065 b. The report shall be filed in a manner and according to 1 procedures required by the department of human services. 2 c. The report shall be a confidential record in the same 3 manner as a peace officer’s investigative report under section 4 22.7, subsection 5. 5 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 3, shall not apply to this Act. 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 GENERAL. This bill amends Code chapter 717B prohibiting 11 the mistreatment of certain animals, including dogs and cats, 12 but excluding other animals such as livestock (Code chapter 13 717); game, fur-bearing animals, fish, reptiles, or amphibians 14 (Code chapter 481A), unless such animal is owned, confined, 15 or controlled by a person; or a nongame animal declared to be 16 a nuisance by the natural resource commission (Code section 17 481A.42). 18 The bill amends or creates three criminal offenses, 19 including animal abuse in the first or second degree (amended 20 Code section 717B.2 and new Code section 717B.2A), and animal 21 torture (amended Code section 717B.3A). The bill applies in 22 part to the offense of animal neglect (Code section 717B.3) 23 but does not amend the statute. Each of the amended or new 24 offenses includes an enhanced penalty that applies to a 25 convicted person in either of two situations: (1) the person 26 is an adult who committed the offense in the presence of a 27 juvenile or (2) the person has previously committed any of the 28 offenses previously described (abuse, torture, or neglect); 29 committed injury or interference with a police service dog 30 (Code section 717B.9); committed bestiality (Code section 31 717C.1); committed an offense involving an animal contest (Code 32 section 717D.2); or committed any similar offense in another 33 state. 34 TYPES OF CRIMINAL OFFENSES —— ABUSE, TORTURE, AND NEGLECT. 35 -11- LSB 5226YH (3) 87 da/rj 11/ 14

H.F. 2065 Animal abuse involves injuring an animal by violence or 1 poisoning; and animal torture involves inflicting upon the 2 animal severe and prolonged or repeated physical pain. For 3 animal abuse in the first degree or animal torture, the 4 animal must suffer a serious injury or death. Serious injury 5 involves a substantial risk of death, protracted disfigurement, 6 impairment, or a loss or impairment of a limb. For animal 7 abuse in the second degree, the animal must suffer an injury 8 meaning some impairment to the animal’s health or functions, 9 or death. For these offenses, the criminal penalties are as 10 follows: (1) animal abuse in the first degree, an aggravated 11 misdemeanor which may be enhanced to a class “D” felony; (2) 12 animal abuse in the second degree, a serious misdemeanor which 13 may be enhanced to an aggravated misdemeanor; and (3) animal 14 torture, a class “D” felony which may be enhanced to a class 15 “C” felony. 16 A number of exceptions remain applicable to the animal abuse 17 and animal torture offenses, including carrying out (1) a court 18 order; (2) a veterinary practice; (3) a good animal husbandry 19 practice; (4) another provision of law; (5) legally hunting, 20 trapping, or fishing; (6) a defense of property or life; (7) 21 conduct by a local authority; and (8) research activities. The 22 bill eliminates a provision in the current abuse Code section 23 that excepts an animal’s owner from culpability. The bill also 24 eliminates an element of animal torture that requires proof of 25 sadistic or depraved intent. 26 Under current law, animal neglect involves failing to 27 provide an animal with adequate food, water, or habitable 28 conditions. A person who negligently or intentionally 29 commits the offense of animal neglect is guilty of a simple 30 misdemeanor. A person who intentionally commits the offense of 31 animal neglect which results in serious injury to or the death 32 of an animal is guilty of a serious misdemeanor. 33 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 34 as follows: (1) simple misdemeanor, confinement for no more 35 -12- LSB 5226YH (3) 87 da/rj 12/ 14

H.F. 2065 than 30 days or a fine of at least $65 but not more than $625 or 1 by both; (2) serious misdemeanor, confinement for no more than 2 one year and a fine of at least $315 but not more than $1,875; 3 (3) aggravated misdemeanor, confinement for no more than two 4 years and a fine of at least $625 but not more than $6,250; (4) 5 class “D” felony, confinement for no more than five years and a 6 fine of at least $750 but not more than $7,500; and (5) class 7 “C” felony, confinement for no more than 10 years and a fine of 8 at least $1,000 but not more than $10,000. 9 COURT ORDERS. At the time of conviction for committing 10 any of the offenses, a person may be subject to a court order 11 requiring a psychological or psychiatric evaluation and 12 treatment. The person may also be subject to a court order 13 prohibiting the person from owning, possessing, or living with 14 an animal of the same genus as the mistreated animal. In each 15 case, the court’s decision to issue an order is discretionary 16 except under certain conditions. A court order requiring an 17 evaluation and treatment is mandatory for juveniles. That 18 order and the order prohibiting contact with animals is 19 also mandatory if the offense is punishable as an aggravated 20 misdemeanor or felony. For a discretionary court order, 21 the period of prohibition is from one to five years. For a 22 mandatory court order, the period of prohibition is as follows: 23 (1) one to five years for an aggravated misdemeanor, (2) 5 to 24 15 years for a class “D” felony, and (3) life for a class “C” 25 felony. 26 MANDATORY REPORTING —— VETERINARIANS TO LOCAL LAW 27 ENFORCEMENT AGENCIES. A veterinarian is required to report 28 cases in which an animal may have suffered a serious injury due 29 to animal abuse or animal torture. The board of veterinary 30 medicine may prescribe the form of the report. The report 31 must be submitted to the local law enforcement agency having 32 jurisdiction of the matter. 33 MANDATORY REPORTING —— LOCAL LAW ENFORCEMENT AGENCIES TO THE 34 DEPARTMENT OF HUMAN SERVICES. A local law enforcement agency 35 -13- LSB 5226YH (3) 87 da/rj 13/ 14

H.F. 2065 must submit a report to the department of human services if a 1 law enforcement officer conducts an investigation involving 2 animal abuse, animal neglect, or animal torture and reasonably 3 believes a minor child of the subject of the investigation 4 witnessed the offense being committed. 5 STATE MANDATE. The bill may include a state mandate as 6 defined in Code section 25B.3. The bill makes inapplicable 7 Code section 25B.2, subsection 3, which would relieve a 8 political subdivision from complying with a state mandate if 9 funding for the cost of the state mandate is not provided or 10 specified. Therefore, political subdivisions are required to 11 comply with any state mandate included in the bill. 12 -14- LSB 5226YH (3) 87 da/rj 14/ 14