H.F. 2089 Section 1. Section 717B.1, subsection 5, Code 2018, is 1 amended to read as follows: 2 5. “Law enforcement officer” means a peace officer who 3 is a regularly employed member of a police force of a city 4 or county, including a sheriff, who is responsible for the 5 prevention and detection of crime and the enforcement of the 6 criminal laws of this state. 7 Sec. 2. Section 717B.1, Code 2018, is amended by adding the 8 following new subsections: 9 NEW SUBSECTION . 7A. “Peace officer” means the same as 10 defined in section 801.4. 11 NEW SUBSECTION . 8A. “Service dog” means the same as defined 12 in section 216C.11. 13 Sec. 3. NEW SECTION . 717B.10 Interference with a service 14 dog. 15 1. A person is guilty of interference with a service dog if 16 the person knowingly, and willfully or maliciously, torments, 17 strikes, or administers a nonpoisonous desensitizing substance 18 to the service dog without inflicting serious injury on the 19 service dog. 20 2. A person who commits interference with a service dog is 21 guilty of a serious misdemeanor. 22 3. Subsections 1 and 2 do not apply to any of the following: 23 a. A peace officer while performing an official duty. 24 b. A veterinarian licensed in this state while practicing 25 veterinary medicine as provided in chapter 169. 26 c. A person acting in justified self-defense or the 27 justified defense of another person or animal. 28 Sec. 4. NEW SECTION . 717B.11 Cruelty to a service dog. 29 1. A person is guilty of cruelty to a service dog if the 30 person knowingly, and willfully or maliciously, does any of the 31 following: 32 a. Tortures the service dog in a manner that causes the 33 service dog to suffer severe physical pain. 34 b. Injures the service dog in a manner that causes the 35 -1- LSB 5659YH (4) 87 da/rn 1/ 4

H.F. 2089 service dog to suffer any of the following: 1 (1) A permanent disfigurement or disability. 2 (2) Death. 3 c. Sets a trap or other device for the purpose of injuring 4 the service dog in a manner that would reasonably cause the 5 service dog to suffer any of the following: 6 (1) A permanent disfigurement or disability. 7 (2) Death. 8 d. Pays or agrees to pay another person a bounty to injure 9 the service dog which reasonably would cause the service dog 10 to suffer any of the following: 11 (1) A permanent disfigurement or disability. 12 (2) Death. 13 e. Administers poison, noxious fumes, or noxious gas to the 14 service dog. 15 2. A person who commits cruelty to a service dog is guilty 16 of a class “D” felony. 17 3. Subsections 1 and 2 do not apply to any of the following: 18 a. A peace officer while performing an official duty. 19 b. A veterinarian licensed in this state while practicing 20 veterinary medicine as provided in chapter 169. 21 c. A person acting in justified self-defense or the 22 justified defense of another person or animal. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 GENERAL. This bill amends Code chapter 717B, which provides 27 for offenses relating to the mistreatment of certain animals, 28 by creating two new criminal offenses that relate to the 29 mistreatment of a service dog, which is defined as a dog 30 specially trained to assist a person with a disability (Code 31 section 216C.11). The first new offense is interference with a 32 service dog and the second new offense is cruelty to a service 33 dog. Generally, the elements, punishments, and exceptions 34 to each offense are similar to those in a current statute 35 -2- LSB 5659YH (4) 87 da/rn 2/ 4

H.F. 2089 that prohibits the mistreatment of a police service dog (Code 1 section 717B.9). 2 INTERFERENCE WITH A SERVICE DOG. The first offense 3 is committed by a person who knowingly, and willfully or 4 maliciously, torments, strikes, or administers a nonpoisonous 5 desensitizing substance to a service dog, without inflicting 6 serious injury. That person is guilty of a serious 7 misdemeanor. A number of exceptions apply including actions 8 by a peace officer, licensed veterinarian, or person acting 9 in justified self-defense or the justified defense of another 10 person. 11 CRUELTY TO A SERVICE DOG. The second offense is committed 12 by a person who knowingly, and willfully or maliciously, 13 mistreats or plans to mistreat the service dog by torture; the 14 infliction of an injury in a manner that permanently disfigures 15 or disables the service dog, or that causes the service dog’s 16 death; setting a trap or paying a bounty in order to inflict 17 the same type of injury or death; or by administering a poison, 18 noxious fumes, or noxious gas to the service dog. A person who 19 commits the offense is guilty of a class “D” felony. The same 20 exceptions that apply to interference with a service dog apply 21 to this offense. 22 BACKGROUND —— CURRENT PROVISIONS. Code chapter 717B 23 prohibits the mistreatment of certain animals, including 24 domesticated animals other than livestock (governed under Code 25 chapter 717). The Code chapter includes three offenses that 26 cover the mistreatment of animals other than a police service 27 dog including animal abuse that is punishable as an aggravated 28 misdemeanor (Code section 717B.2); animal neglect that is 29 punishable as a simple misdemeanor or serious misdemeanor if 30 the mistreatment results in an animal’s injury or death (Code 31 section 717B.3); and animal torture that is punishable as an 32 aggravated misdemeanor for the first conviction and as a class 33 “D” felony for a subsequent conviction (Code section 717B.3A). 34 In the case of animal torture, the person convicted must also 35 -3- LSB 5659YH (4) 87 da/rn 3/ 4

H.F. 2089 undergo a psychological evaluation and treatment according to 1 the terms of a court order. 2 BACKGROUND —— CRIMINAL PENALTIES. The Code chapter’s 3 current offenses, and the bill’s two new offenses, provide 4 for punishments as follows: (1) a simple misdemeanor is 5 punishable by confinement for no more than 30 days or a fine of 6 at least $65 but not more than $625 or by both, (2) a serious 7 misdemeanor is punishable by confinement for no more than one 8 year and a fine of at least $315 but not more than $1,875, (3) 9 an aggravated misdemeanor is punishable by confinement for 10 no more than two years and a fine of at least $625 but not 11 more than $6,250, and (4) a class “D” felony is punishable by 12 confinement for no more than five years and a fine of at least 13 $750 but not more than $7,500. 14 -4- LSB 5659YH (4) 87 da/rn 4/ 4