House File 2218 - Introduced HOUSE FILE 2218 BY FISHER A BILL FOR An Act prohibiting the tampering with an electronic handling 1 device attached to or worn by a dog or attached to an item 2 worn by a dog, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5796YH (3) 87 da/rj
H.F. 2218 Section 1. NEW SECTION . 351.45 Electronic handling device 1 tampering —— penalties. 2 1. A person commits the offense of electronic handling 3 device tampering if all of the following apply: 4 a. The person knowingly removes, disables, or destroys 5 an electric device designed and used to maintain custody or 6 control of the dog or modify the dog’s behavior. 7 b. The electronic device is attached to or worn by the 8 dog or attached to an item worn by the dog, including but not 9 limited to a collar, harness, or vest. 10 2. a. For the first conviction, the person is guilty of a 11 simple misdemeanor. 12 b. For a second or subsequent conviction, the person is 13 guilty of a serious misdemeanor. 14 3. This section shall not apply to an act taken by any of 15 the following: 16 a. The owner of the dog, an agent of the owner, or a person 17 authorized to take action by the owner. 18 b. A peace officer as defined in section 801.4. 19 c. A veterinarian licensed as provided in chapter 169. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill prohibits a person from knowingly tampering with 24 an electronic handling device that is designed and used to 25 maintain custody or control of the dog or modify the dog’s 26 behavior. The tampering must be an act that removes, disables, 27 or destroys the device while attached to the dog or attached 28 to an item worn by the dog. The offense does not apply to 29 the dog’s owner or to an agent of or a person authorized to 30 take action by the owner, a peace officer, or a licensed 31 veterinarian. 32 For the first conviction, a person is guilty of a simple 33 misdemeanor and for a second or subsequent conviction, a person 34 is guilty of a serious misdemeanor. 35 -1- LSB 5796YH (3) 87 da/rj 1/ 2
H.F. 2218 A simple misdemeanor is punishable by confinement for no 1 more than 30 days or a fine of at least $65 but not more than 2 $625 or by both. A serious misdemeanor is punishable by 3 confinement for no more than one year and a fine of at least 4 $315 but not more than $1,875. 5 -2- LSB 5796YH (3) 87 da/rj 2/ 2