H.F. 2468 Section 1. Section 717B.1, Code 2018, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 3A. “Convicted” means entry of a judgment 3 of conviction under chapter 901 or adjudicated delinquent for 4 an act which is an indictable offense in this state or in 5 another state under chapter 232. “Convicted” does not mean a 6 plea, sentence, adjudication, deferred sentence, or deferred 7 judgment which has been reversed or otherwise set aside. 8 NEW SUBSECTION . 4A. “Euthanasia” means the same as defined 9 in section 162.2. 10 NEW SUBSECTION . 4B. “Injury” means a serious or permanent 11 functional impairment to an animal’s health or functions, 12 including physical damage or harm to an animal’s muscle, 13 tissue, organs, bones, hide, or skin, protracted disfigurement 14 or permanent impairment of health, or protracted loss or 15 impairment of the function of a limb or organ. 16 Sec. 2. Section 717B.2, Code 2018, is amended to read as 17 follows: 18 717B.2 Animal abuse —— penalties . 19 1. A person is guilty of animal abuse if the person 20 intentionally injures, maims, disfigures, or destroys an animal 21 owned by another person, in any manner, including intentionally 22 poisoning the animal commits animal abuse when the person 23 knowingly or recklessly causes injury or death to an animal by 24 force, violence, or poisoning . A person guilty of animal abuse 25 is guilty of an aggravated misdemeanor. 26 2. This section shall not apply to conduct engaged in by any 27 of the following: 28 1. A person acting with the consent of the person owning 29 the animal, unless the action constitutes animal neglect as 30 provided in section 717B.3 . 31 a. An animal owner or a person acting with the consent of 32 the animal owner who euthanizes an animal that is of such age 33 or condition that natural death is imminent or expected in the 34 near future. 35 -1- LSB 6138HV (3) 87 da/rj 1/ 11

H.F. 2468 2. b. A person acting to carry out an order issued by a 1 court. 2 3. c. A licensed veterinarian practicing veterinary 3 medicine as provided in chapter 169 . 4 4. d. A person acting in order to carry out another 5 provision of law which allows the conduct. 6 5. e. A person taking, hunting, trapping, or fishing for a 7 wild animal as provided in chapter 481A . 8 6. f. A person acting to protect the person’s property from 9 a wild animal as defined in section 481A.1 . 10 7. g. A person acting to protect a person from injury or 11 death caused by a wild animal as defined in section 481A.1 . 12 8. h. A person reasonably acting to protect the person’s 13 property from damage caused by an unconfined animal. 14 9. i. A person reasonably acting to protect a person from 15 injury or death caused by an unconfined animal. 16 10. j. A local authority reasonably acting to destroy an 17 animal, if at the time of the destruction, the owner of the 18 animal is absent or unable to care for the animal, and the 19 animal is permanently distressed by disease or injury to a 20 degree that would result in severe and prolonged suffering. 21 11. k. A research facility, as defined in section 162.2 , 22 provided that the research facility performs functions within 23 the scope of accepted practices and disciplines associated with 24 the research facility. 25 3. A person who commits animal abuse that causes injury to 26 an animal is guilty of a serious misdemeanor. 27 4. A person who commits animal abuse that causes death to an 28 animal is guilty of an aggravated misdemeanor. 29 5. Notwithstanding subsection 4, a person who commits 30 animal abuse that causes death to an animal is guilty of a 31 class “D” felony if the person has previously been convicted 32 of committing animal abuse pursuant to this section, animal 33 neglect pursuant to section 717B.3, animal torture pursuant 34 to section 717B.3A, injury to or interference with a police 35 -2- LSB 6138HV (3) 87 da/rj 2/ 11

H.F. 2468 service dog pursuant to section 717B.9, bestiality pursuant to 1 section 717C.1, or an act involving a contest event prohibited 2 in section 717D.2. 3 Sec. 3. Section 717B.3, Code 2018, is amended to read as 4 follows: 5 717B.3 Animal neglect —— penalties . 6 1. A person who impounds or commits animal neglect when 7 the person owns or has custody of an animal, confines , in any 8 place, an that animal , is guilty of animal neglect if the 9 person does any of the following: 10 a. Fails and knowingly or recklessly fails to supply the 11 animal during confinement with a sufficient quantity of food or 12 water. provide the animal with any of the following: 13 a. Access to food in an amount and quality reasonably 14 sufficient to satisfy the animal’s basic nutrition level to the 15 extent that the animal’s health or life is endangered. 16 b. Fails to provide a confined dog or cat with adequate 17 shelter. Access to a supply of potable water in an amount 18 reasonably sufficient to satisfy the animal’s basic hydration 19 level to the extent that the animal’s health or life is 20 endangered. Access to snow or ice does not satisfy this 21 requirement. 22 c. Tortures, deprives of necessary sustenance, mutilates, 23 beats, or kills an animal by any means which causes unjustified 24 pain, distress, or suffering. Sanitary conditions free from 25 excessive animal waste or the overcrowding of animals to the 26 extent that the animal’s health or life is endangered. 27 d. Ventilated shelter reasonably sufficient to provide 28 adequate protection from the elements and weather conditions 29 suitable for the age, species, and physical condition of the 30 animal so as to maintain the animal in a state of good health 31 to the extent that the animal’s health or life is endangered. 32 The shelter must protect the animal from wind, rain, snow, or 33 sun and have adequate bedding to provide reasonable protection 34 against cold and dampness. A shelter may include a residence, 35 -3- LSB 6138HV (3) 87 da/rj 3/ 11

H.F. 2468 garage, barn, shed, or doghouse. 1 e. (1) Veterinary care deemed reasonably necessary to 2 relieve an animal’s distress from any of the following: 3 (a) A condition caused by failing to provide for the 4 animal’s welfare as described in paragraphs “a” through “d” . 5 (b) An injury or serious illness suffered by the animal 6 causing the animal to suffer prolonged pain and suffering. 7 (2) This paragraph “e” does not apply to an animal for which 8 the cost of such veterinary care is not reasonably affordable 9 by the animal’s owner, so long as the animal’s owner makes 10 appropriate and reasonable arrangements to transfer ownership 11 and possession of the animal to a person who agrees to provide 12 such care, or the animal’s owner euthanizes the animal if 13 the animal suffers from a terminal illness or injury or is 14 sufficiently injured or ill and no reasonable probability 15 exists that reasonable veterinary care will alleviate the 16 injury or illness. 17 2. This section does not apply to conduct engaged in by a 18 research facility, as defined in section 162.2 , provided that 19 if the research facility performs functions within the scope of 20 accepted practices and disciplines associated with the research 21 facility. 22 3. A person who negligently or intentionally commits the 23 offense of animal neglect that does not cause injury or death 24 to an animal is guilty of a simple misdemeanor. A person who 25 intentionally commits the offense of animal neglect which 26 results in serious injury to or the death of an animal is 27 guilty of a serious misdemeanor. 28 4. A person who commits animal neglect that causes injury to 29 an animal is guilty of a serious misdemeanor. 30 5. A person who commits animal neglect which causes death to 31 an animal is guilty of an aggravated misdemeanor. 32 6. Notwithstanding subsection 5, a person who commits 33 animal neglect which causes injury or death to an animal is 34 guilty of a class “D” felony if the person has been previously 35 -4- LSB 6138HV (3) 87 da/rj 4/ 11

H.F. 2468 convicted of animal abuse pursuant to section 717B.2, animal 1 neglect pursuant to this section, animal torture pursuant 2 to section 717B.3A, injury to or interference with a police 3 service dog pursuant to section 717B.9, bestiality pursuant to 4 section 717C.1, or an act involving a contest event prohibited 5 in section 717D.2. 6 Sec. 4. Section 717B.3A, Code 2018, is amended to read as 7 follows: 8 717B.3A Animal torture —— penalties . 9 1. A person is guilty of animal torture , regardless of 10 whether the person is the owner of the animal, if when the 11 person inflicts upon the animal severe and prolonged or 12 repeated physical pain with a depraved or sadistic intent 13 to cause that results in the animal’s prolonged or repeated 14 suffering and injury, or death. 15 2. This section shall not apply to conduct engaged in by any 16 of the following: 17 a. A person acting to carry out an order issued by a court. 18 b. A licensed veterinarian practicing veterinary medicine as 19 provided in chapter 169 . 20 c. A person carrying out a practice that is consistent with 21 animal husbandry practices. 22 d. A person acting in order to carry out another provision 23 of law which allows the conduct. 24 e. A person taking, hunting, trapping, or fishing for a wild 25 animal as provided in chapter 481A . 26 f. A person acting to protect the person’s property from a 27 wild animal as defined in section 481A.1 . 28 g. A person acting to protect a person from injury or death 29 caused by a wild animal as defined in section 481A.1 . 30 h. A person reasonably acting to protect the person’s 31 property from damage caused by an unconfined animal. 32 i. A person reasonably acting to protect a person from 33 injury or death caused by an unconfined animal. 34 j. A local authority reasonably acting to destroy an animal, 35 -5- LSB 6138HV (3) 87 da/rj 5/ 11

H.F. 2468 if at the time of the destruction, the owner of the animal is 1 absent or unable to care for the animal, and the animal is 2 permanently distressed by disease or injury to a degree that 3 would result in severe and prolonged suffering. 4 k. A research facility, as defined in section 162.2 , 5 provided that the research facility performs functions within 6 the scope of accepted practices and disciplines associated with 7 the research facility. 8 3. a. The following shall apply to a person who commits 9 animal torture: 10 (1) For the first conviction, the person is guilty of an 11 aggravated misdemeanor. The sentencing order shall provide 12 that the person submit to psychological evaluation and 13 treatment according to terms required by the court. The costs 14 of the evaluation and treatment shall be paid by the person. 15 In addition, the sentencing order shall provide that the person 16 complete a community work requirement, which may include a work 17 requirement performed at an animal shelter or pound, as defined 18 in section 162.2 , according to terms required by the court. 19 (2) For a second or subsequent conviction, the person is 20 guilty of a class “D” felony. The sentencing order shall 21 provide that the person submit to psychological evaluation and 22 treatment according to terms required by the court. The costs 23 of the psychological evaluation and treatment shall be paid by 24 the person. 25 b. The juvenile court shall have exclusive original 26 jurisdiction in a proceeding concerning a child who is alleged 27 to have committed animal torture, in the manner provided in 28 section 232.8 . The juvenile court shall not waive jurisdiction 29 in a proceeding concerning an offense alleged to have been 30 committed by a child under the age of seventeen. 31 4. A person who commits animal torture is guilty of an 32 aggravated misdemeanor, provided, however, that the person 33 has not been previously convicted of committing animal abuse 34 pursuant to section 717B.2, animal neglect pursuant to section 35 -6- LSB 6138HV (3) 87 da/rj 6/ 11

H.F. 2468 717B.3, or animal torture pursuant to this section. 1 5. Notwithstanding subsection 4, a person who commits 2 animal torture is guilty of a class “D” felony if the person 3 has previously been convicted of committing animal abuse 4 pursuant to section 717B.2, animal neglect pursuant to section 5 717B.3, animal torture pursuant to this section, injury to or 6 interference with a police service dog pursuant to section 7 717B.9, bestiality pursuant to section 717C.1, or an act 8 involving a contest event prohibited in section 717D.2. 9 Sec. 5. NEW SECTION . 717B.3B Animal mistreatment —— court 10 order —— evaluation and treatment. 11 1. At the time of a person’s conviction for animal abuse 12 pursuant to section 717B.2 or animal torture pursuant to 13 section 717B.3A, a court may enter an order requiring the 14 person to undergo a psychological or psychiatric evaluation 15 and to undergo any treatment that the court determines to 16 be appropriate after due consideration of the evaluation. 17 However, the court shall enter such an order if the convicted 18 person is any of the following: 19 a. A juvenile. 20 b. An adult committing animal abuse pursuant to section 21 717B.2 or animal torture pursuant to section 717B.3A. 22 2. The costs of undergoing a psychological or psychiatric 23 evaluation and undergoing any treatment ordered by the court 24 shall be borne by the convicted person, unless the person is 25 a juvenile. 26 3. An order made under this section is in addition to any 27 other order or sentence of the court. 28 4. Any violation of the court order shall be punished as 29 contempt of court pursuant to chapter 665. 30 Sec. 6. NEW SECTION . 717B.3C Animal mistreatment —— 31 sentencing order —— prohibitions. 32 1. At the time of a person’s sentencing for a public offense 33 committed under this chapter, a court may prohibit the person 34 from owning or obtaining custody of an animal or residing in 35 -7- LSB 6138HV (3) 87 da/rj 7/ 11

H.F. 2468 the same dwelling where an animal is kept. The period of the 1 prohibition shall be not less than one year. 2 2. Notwithstanding subsection 1, the court shall enter 3 such an order if the convicted person has committed animal 4 abuse pursuant to section 717B.2 or animal torture pursuant to 5 section 717B.3A. The period of such prohibition shall be not 6 less than five years. 7 3. The duration of a prohibition described in this 8 section commences on the date that the person is placed on 9 probation, released on parole or work release, or released from 10 incarceration or from placement in a juvenile facility. 11 4. An order made pursuant to this section is in addition to 12 any other order or sentence of the court. 13 5. Any violation of the court order described in this 14 section is a public offense and shall be punished as a simple 15 misdemeanor. 16 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 3, shall not apply to this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 GENERAL. This bill amends Code chapter 717B prohibiting 22 the mistreatment of certain animals, including dogs and cats, 23 but excluding other animals such as livestock (Code chapter 24 717); game, fur-bearing animals, fish, reptiles, or amphibians 25 (Code chapter 481A), unless such animal is owned, confined, 26 or controlled by a person; or a nongame animal declared to be 27 a nuisance by the natural resource commission (Code section 28 481A.42). 29 NAMED OFFENSES. The bill amends three different criminal 30 offenses in Code chapter 717B, animal abuse (Code section 31 717B.2), animal neglect (Code section 717B.3), and animal 32 torture (Code section 717B.3A). Under the bill, each of 33 the offenses includes an enhanced penalty that applies to a 34 convicted person who has previously committed any of the three 35 -8- LSB 6138HV (3) 87 da/rj 8/ 11

H.F. 2468 offenses. The enhanced penalty also applies if the convicted 1 person previously committed three other named offenses: injury 2 to or interference with a police service dog (Code section 3 717B.9); bestiality (Code section 717C.1); or an act involving 4 an animal contest (Code section 717D.2). 5 THREATENED ANIMALS —— RESCUE. Currently, a local law 6 enforcement officer and local authority may rescue an animal 7 if there is cause to believe that an animal is threatened with 8 abuse, neglect, or torture as these offenses have been amended 9 (Code sections 717B.2 and 717B.5). The bill has revised 10 the elements or exceptions for each of those offenses (Code 11 sections 717B.2, 717B.3, and 717B.3A). 12 CRIMINAL OFFENSES —— ABUSE. Currently, animal abuse 13 involves intentionally injuring an animal by violence or 14 poisoning. The bill replaces the intent element with that of 15 acting knowingly or recklessly. It also removes a provision 16 that exempted a person who acted with the consent of the 17 animal’s owner. A new exception applies to a person who 18 euthanizes an animal due to age or condition. The bill reduces 19 the penalty from an aggravated to a serious misdemeanor for 20 committing animal abuse that causes injury and retains the 21 penalty of aggravated misdemeanor for committing animal abuse 22 that causes death. The bill provides that the aggravated 23 misdemeanor is enhanced to a class “D” felony if the person was 24 previously convicted of one of the named offenses. 25 CRIMINAL OFFENSES —— NEGLECT. Currently, animal neglect 26 involves failing to provide an animal with adequate food, 27 water, or shelter, or torturing the animal. The bill rewrites 28 these requirements by requiring that an animal be furnished 29 with a number of items including adequate supplies of 30 nutritional food, access to potable water, adequate sanitary 31 conditions, ventilated shelter sufficient to provide the 32 animal with protection from extreme weather conditions, and, 33 subject to certain exceptions, necessary veterinary care. 34 The bill requires that a person must knowingly or recklessly 35 -9- LSB 6138HV (3) 87 da/rj 9/ 11

H.F. 2468 fail to provide an animal with any of these items. The bill 1 eliminates the torture element. The bill retains the criminal 2 penalty which is a simple misdemeanor. However, the penalty is 3 increased to a serious misdemeanor if the offense causes injury 4 and to an aggravated misdemeanor if the neglect causes death. 5 In a case where the animal is injured or dies, the aggravated 6 misdemeanor is enhanced to a class “D” felony if the person was 7 previously convicted of one of the named offenses. 8 CRIMINAL OFFENSES —— TORTURE. Currently, animal torture 9 involves inflicting upon an animal severe physical pain with 10 depraved or sadistic intent to cause prolonged suffering or 11 death. The bill eliminates the element of intent and requires 12 that the act involve prolonged or repeated physical pain that 13 results in prolonged or repeated suffering and injury or death. 14 The bill replaces the current penalties for animal torture. A 15 person is no longer guilty of an aggravated misdemeanor for the 16 first offense and a class “D” felony for a subsequent offense. 17 Instead, a person is guilty of an aggravated misdemeanor, 18 which is enhanced to a class “D” felony if the person was 19 previously convicted of one of the named offenses. The bill 20 also eliminates a requirement that a person convicted of animal 21 torture must submit to psychological evaluation and treatment 22 which is addressed in another part of the bill. 23 COURT ORDERS. The bill provides at the time of conviction 24 for committing animal abuse or animal torture, that a person 25 may be subject to a court order requiring a psychological or 26 psychiatric evaluation and treatment. A person convicted of 27 animal abuse, animal neglect, or animal torture may also be 28 subject to a court order prohibiting the person from owning, 29 possessing, or living with an animal. A person who violates a 30 court order is guilty of a simple misdemeanor. 31 STATE MANDATE. Currently, if a threatened animal is rescued 32 by a local law enforcement officer and local authority, the 33 local authority must provide for the animal’s maintenance until 34 the matter’s disposition (Code sections 717B.5 and 717B.4). 35 -10- LSB 6138HV (3) 87 da/rj 10/ 11

H.F. 2468 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 1 as follows: (1) simple misdemeanor, confinement for no more 2 than 30 days or a fine of at least $65 but not more than $625 or 3 by both; (2) serious misdemeanor, confinement for no more than 4 one year and a fine of at least $315 but not more than $1,875; 5 (3) aggravated misdemeanor, confinement for no more than two 6 years and a fine of at least $625 but not more than $6,250; and 7 (4) class “D” felony, confinement for no more than five years 8 and a fine of at least $750 but not more than $7,500. 9 -11- LSB 6138HV (3) 87 da/rj 11/ 11