Senate File 129 - Introduced SENATE FILE 129 BY BISIGNANO A BILL FOR An Act prohibiting the mistreatment of animals other 1 than livestock and wild animals, providing reporting 2 requirements, providing for criminal offenses, and including 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1847XS (4) 87 da/nh

S.F. 129 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, animal neglect in 20 the first degree as described in section 717B.2B, subsection 1, 21 or animal torture as described in section 717B.3A, subsection 22 1. 23 c. Notwithstanding section 169.3, for purposes of this 24 section, “animal” means the same as defined in section 717B.1. 25 2. A report shall include, to every extent known by the 26 person completing the report, all of the following: 27 a. The name and description of the animal. 28 b. The address and contact information of the owner or other 29 person responsible for the care of the animal. 30 c. A description of the nature and extent of the indications 31 of animal cruelty. 32 d. Any evidence indicating that the animal has been 33 subjected to animal cruelty previously. 34 e. Any other information required by the local law 35 -1- LSB 1847XS (4) 87 da/nh 1/ 21

S.F. 129 enforcement agency that may be of value in conducting a 1 criminal investigation. 2 3. The board may prepare and distribute a form for use 3 by a person completing and submitting a report under this 4 section and by a local law enforcement agency filing the 5 report under section 717B.10. The form shall replace the 6 information required to be completed in subsection 2. However, 7 the report must at least require the completion of information 8 necessary for a law enforcement officer to interview the person 9 submitting the report and conduct an investigation regarding 10 the commission of a public offense described in subsection 11 1. The board may consult the department of public safety when 12 preparing the form and may provide the form to the department 13 of agriculture and land stewardship or the department of public 14 safety for publication on the internet site of the respective 15 department. 16 4. A person participating in good faith in reporting, 17 cooperating with, or assisting a local law enforcement agency 18 in evaluating a case of animal cruelty has immunity from 19 criminal or civil liability or administrative disciplinary 20 action which might otherwise be incurred or imposed based upon 21 the act of making the report or giving the assistance. The 22 person has the same immunity with respect to participating in 23 good faith in a judicial proceeding resulting from the report, 24 cooperation, or assistance or relating to the subject matter of 25 the report, cooperation, or assistance. 26 Sec. 2. Section 717B.1, Code 2017, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 3A. a. “Convicted” means found guilty of, 29 pleads guilty to, or is sentenced or adjudicated delinquent 30 for an act which is an indictable offense in this state or in 31 another state, including but not limited to a juvenile who has 32 been adjudicated delinquent, whether or not the juvenile court 33 records have been sealed under section 232.150, and a person 34 who has received a deferred sentence or a deferred judgment or 35 -2- LSB 1847XS (4) 87 da/nh 2/ 21

S.F. 129 has been acquitted by reason of insanity. 1 b. “Convicted” includes the conviction of a juvenile 2 prosecuted as an adult. “Convicted” also includes a conviction 3 for an attempt or conspiracy to commit an offense. 4 c. “Convicted” does not mean a plea, sentence, adjudication, 5 deferred sentence, or deferred judgment which has been reversed 6 or otherwise set aside. 7 NEW SUBSECTION . 4A. “Injury” means an impairment to an 8 animal’s health or functions, including physical damage or harm 9 to an animal’s muscle, tissue, organs, bones, hide, or skin, 10 that causes the animal to suffer pain. 11 NEW SUBSECTION . 6A. “Local law enforcement agency” means 12 an entity established as part of a local authority to serve as 13 a police force responsible for the prevention and detection of 14 crime and enforcement of the criminal laws of this state. 15 NEW SUBSECTION . 8A. “Serious injury” means an injury that 16 creates a substantial risk of death or that causes protracted 17 disfigurement, protracted impairment of health, or protracted 18 loss or impairment of the function of a limb or organ. 19 Sec. 3. Section 717B.1, subsection 9, Code 2017, is amended 20 to read as follows: 21 9. “Threatened animal” means an animal that is abused as 22 provided suffers mistreatment due to animal abuse as described 23 in section 717B.2 or 717B.2A , neglected animal neglect as 24 provided described in section 717B.2B or 717B.3 , or tortured 25 animal torture as provided described in section 717B.3A , 26 animal abandonment as described in section 717B.3B, or animal 27 endangerment as described in section 717B.3C . 28 Sec. 4. Section 717B.2, Code 2017, is amended to read as 29 follows: 30 717B.2 Animal abuse in the first degree —— penalties . 31 1. A person is guilty of animal abuse if the person 32 intentionally injures, maims, disfigures, or destroys an animal 33 owned by another person, in any manner, including intentionally 34 poisoning the animal commits animal abuse in the first degree 35 -3- LSB 1847XS (4) 87 da/nh 3/ 21

S.F. 129 when the person knowingly or recklessly causes serious injury 1 or death to an animal by force, violence, or poisoning . A 2 person guilty of animal abuse is guilty of an aggravated 3 misdemeanor. 4 2. This section shall not apply to conduct engaged in by any 5 of the following: 6 1. A person acting with the consent of the person owning 7 the animal, unless the action constitutes animal neglect as 8 provided in section 717B.3 . 9 2. a. A person acting to carry out an order issued by a 10 court. 11 3. b. A licensed veterinarian practicing veterinary 12 medicine as provided in chapter 169 . 13 4. c. A person acting in order to carry out another 14 provision of law which allows the conduct. 15 5. d. A person taking, hunting, trapping, or fishing for a 16 wild animal as provided in chapter 481A . 17 6. e. A person acting to protect the person’s property from 18 a wild animal as defined in section 481A.1 . 19 7. f. A person acting to protect a person from injury or 20 death caused by a wild animal as defined in section 481A.1 . 21 8. g. A person reasonably acting to protect the person’s 22 property from damage caused by an unconfined animal. 23 9. h. A person reasonably acting to protect a person from 24 injury or death caused by an unconfined animal. 25 10. i. A local authority reasonably acting to destroy an 26 animal, if at the time of the destruction, the owner of the 27 animal is absent or unable to care for the animal, and the 28 animal is permanently distressed by disease or injury to a 29 degree that would result in severe and prolonged suffering. 30 11. j. A research facility, as defined in section 162.2 , 31 provided that the research facility performs functions within 32 the scope of accepted practices and disciplines associated with 33 the research facility. 34 3. A person who commits animal abuse in the first degree is 35 -4- LSB 1847XS (4) 87 da/nh 4/ 21

S.F. 129 guilty of an aggravated misdemeanor. 1 4. Notwithstanding subsection 3, a person who commits 2 animal abuse in the first degree is guilty of a class “D” 3 felony under any of the following circumstances: 4 a. The offense was committed by an adult when a juvenile was 5 physically present. 6 b. The person has previously been convicted of any of the 7 following: 8 (1) Animal abuse pursuant to this section or section 9 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, 10 animal torture pursuant to section 717B.3A, animal abandonment 11 pursuant to section 717B.3B, animal endangerment pursuant 12 to section 717B.3C, injury or interference with a police 13 service dog pursuant to section 717B.9, bestiality pursuant to 14 section 717C.1, or committing an act involving a contest event 15 prohibited in section 717D.2. 16 (2) An offense under any other state’s statute 17 substantially corresponding to an offense described in 18 subparagraph (1). The court shall judicially notice 19 the statute of another state which defines such offense 20 substantially equivalent to an offense described in 21 subparagraph (1) and can therefore be considered a 22 corresponding statute. 23 Sec. 5. NEW SECTION . 717B.2A Animal abuse in the second 24 degree —— penalties. 25 1. A person commits animal abuse in the second degree when 26 the person knowingly or recklessly causes injury or death to an 27 animal by force, violence, or poisoning. 28 2. This section shall not apply to conduct engaged in by a 29 person described in section 717B.2, subsection 2. 30 3. A person who commits animal abuse in the second degree is 31 guilty of a serious misdemeanor. 32 4. Notwithstanding subsection 3, a person who commits 33 animal abuse in the second degree is guilty of an aggravated 34 misdemeanor under any of the following circumstances: 35 -5- LSB 1847XS (4) 87 da/nh 5/ 21

S.F. 129 a. The offense was committed by an adult when a juvenile was 1 physically present. 2 b. The person has previously been convicted of any of the 3 following: 4 (1) Animal abuse pursuant to section 717B.2 or this section, 5 animal neglect pursuant to section 717B.2B or 717B.3, animal 6 torture pursuant to section 717B.3A, animal abandonment 7 pursuant to section 717B.3B, animal endangerment pursuant 8 to section 717B.3C, injury or interference with a police 9 service dog pursuant to section 717B.9, bestiality pursuant to 10 section 717C.1, or committing an act involving a contest event 11 prohibited in section 717D.2. 12 (2) An offense under any other state’s statute 13 substantially corresponding to an offense described in 14 subparagraph (1). The court shall judicially notice 15 the statute of another state which defines such offense 16 substantially equivalent to an offense described in 17 subparagraph (1) and can therefore be considered a 18 corresponding statute. 19 Sec. 6. NEW SECTION . 717B.2B Animal neglect in the first 20 degree —— penalties. 21 1. A person commits animal neglect in the first degree 22 when the person owns or has custody of an animal, confines 23 that animal, and causes the animal to suffer serious injury or 24 death, by failing to reasonably provide any of the following: 25 a. Access to food in an amount and quality sufficient to 26 satisfy the animal’s basic nutrition level. 27 b. Access to a supply of potable water in an amount 28 sufficient to satisfy the animal’s basic hydration level. 29 Access to snow or ice does not satisfy this requirement. 30 c. Sanitary conditions free from excessive animal waste or 31 the overcrowding of animals. 32 d. Adequate shelter sufficient to provide the animal with 33 protection from extreme weather conditions, including but not 34 limited to sun, wind, rain, snow, ice, or standing water. 35 -6- LSB 1847XS (4) 87 da/nh 6/ 21

S.F. 129 e. Veterinary care deemed necessary by a reasonably prudent 1 person to relieve an animal’s distress from a condition caused 2 by failing to provide for the animal’s welfare as described in 3 paragraphs “a” through “d” . 4 2. This section does not apply to any of the following: 5 a. A person acting to carry out another provision of law 6 which allows the conduct. 7 b. A research facility, as defined in section 162.2, 8 provided that the research facility performs functions within 9 the scope of accepted practices and disciplines associated with 10 the research facility. 11 3. A person who commits animal neglect in the first degree 12 is guilty of an aggravated misdemeanor. 13 4. Notwithstanding subsection 3, a person who commits 14 animal neglect in the first degree is guilty of a class “D” 15 felony under any of the following circumstances: 16 a. The offense was committed by an adult when a juvenile was 17 physically present. 18 b. The person has previously been convicted of any of the 19 following: 20 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 21 animal neglect pursuant to this section or section 717B.3, 22 animal torture pursuant to section 717B.3A, animal abandonment 23 pursuant to section 717B.3B, animal endangerment pursuant 24 to section 717B.3C, injury or interference with a police 25 service dog pursuant to section 717B.9, bestiality pursuant to 26 section 717C.1, or committing an act involving a contest event 27 prohibited in section 717D.2. 28 (2) An offense under any other state’s statute 29 substantially corresponding to an offense described in 30 subparagraph (1). The court shall judicially notice 31 the statute of another state which defines such offense 32 substantially equivalent to an offense described in 33 subparagraph (1) and can therefore be considered a 34 corresponding statute. 35 -7- LSB 1847XS (4) 87 da/nh 7/ 21

S.F. 129 Sec. 7. Section 717B.3, Code 2017, is amended to read as 1 follows: 2 717B.3 Animal neglect in the second degree —— penalties . 3 1. A person who impounds or commits animal neglect in the 4 second degree when the person owns or has custody of an animal, 5 confines , in any place, an that animal , is guilty of animal 6 neglect if the person does and fails to reasonably provide the 7 animal with any of the following: 8 a. Fails to supply the animal during confinement with a 9 sufficient quantity of food or water. Access to food in an 10 amount and quality sufficient to satisfy the animal’s basic 11 nutrition level. 12 b. Fails to provide a confined dog or cat with adequate 13 shelter. Access to a supply of potable water in an amount 14 sufficient to satisfy the animal’s basic hydration level. 15 Access to snow or ice does not satisfy this requirement. 16 c. Tortures, deprives of necessary sustenance, mutilates, 17 beats, or kills an animal by any means which causes unjustified 18 pain, distress, or suffering. Sanitary conditions free from 19 excessive animal waste or the overcrowding of animals. 20 d. Adequate shelter sufficient to provide the animal with 21 protection from extreme weather conditions, including but not 22 limited to sun, wind, rain, snow, ice, or standing water. 23 e. Veterinary care deemed necessary by a reasonably prudent 24 person to relieve an animal’s distress from a condition caused 25 by failing to provide for the animal’s welfare as described in 26 paragraphs “a” through “d” . 27 2. This section does not apply to a any of the following: 28 a. A person acting to carry out another provision of law 29 which allows the conduct. 30 b. A research facility, as defined in section 162.2 , 31 provided that the research facility performs functions within 32 the scope of accepted practices and disciplines associated with 33 the research facility. 34 3. A person who negligently or intentionally commits the 35 -8- LSB 1847XS (4) 87 da/nh 8/ 21

S.F. 129 offense of animal neglect in the second degree is guilty of 1 a simple serious misdemeanor. A person who intentionally 2 commits the offense of animal neglect which results in serious 3 injury to or the death of an animal is guilty of a serious 4 misdemeanor. 5 4. Notwithstanding subsection 3, a person who commits 6 animal neglect in the second degree is guilty of an aggravated 7 misdemeanor under any of the following circumstances: 8 a. The offense was committed by an adult when a juvenile was 9 physically present. 10 b. The person has previously been convicted of any of the 11 following: 12 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 13 animal neglect pursuant to section 717B.2B or this section, 14 animal torture pursuant to section 717B.3A, animal abandonment 15 pursuant to section 717B.3B, animal endangerment pursuant 16 to section 717B.3C, injury or interference with a police 17 service dog pursuant to section 717B.9, bestiality pursuant to 18 section 717C.1, or committing an act involving a contest event 19 prohibited in section 717D.2. 20 (2) An offense under any other state’s statute 21 substantially corresponding to an offense described in 22 subparagraph (1). The court shall judicially notice 23 the statute of another state which defines such offense 24 substantially equivalent to an offense described in 25 subparagraph (1) and can therefore be considered a 26 corresponding statute. 27 Sec. 8. Section 717B.3A, Code 2017, is amended to read as 28 follows: 29 717B.3A Animal torture —— penalties . 30 1. A person is guilty of animal torture , regardless of 31 whether the person is the owner of the animal, if when the 32 person inflicts upon the animal severe and prolonged or 33 repeated physical pain with a depraved or sadistic intent to 34 cause that results in the animal’s prolonged suffering and 35 -9- LSB 1847XS (4) 87 da/nh 9/ 21

S.F. 129 serious injury or death. 1 2. This section shall not apply to conduct engaged in by any 2 of the following: 3 a. A person acting to carry out an order issued by a court. 4 b. A licensed veterinarian practicing veterinary medicine as 5 provided in chapter 169 . 6 c. A person carrying out a practice that is consistent with 7 animal husbandry practices. 8 d. A person acting in order to carry out another provision 9 of law which allows the conduct. 10 e. A person taking, hunting, trapping, or fishing for a wild 11 animal as provided in chapter 481A . 12 f. A person acting to protect the person’s property from a 13 wild animal as defined in section 481A.1 . 14 g. A person acting to protect a person from injury or death 15 caused by a wild animal as defined in section 481A.1 . 16 h. A person reasonably acting to protect the person’s 17 property from damage caused by an unconfined animal. 18 i. A person reasonably acting to protect a person from 19 injury or death caused by an unconfined animal. 20 j. A local authority reasonably acting to destroy an animal, 21 if at the time of the destruction, the owner of the animal is 22 absent or unable to care for the animal, and the animal is 23 permanently distressed by disease or injury to a degree that 24 would result in severe and prolonged suffering. 25 k. 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. The following shall apply to a person who commits 30 animal torture: 31 (1) For the first conviction, the person is guilty of an 32 aggravated misdemeanor. The sentencing order shall provide 33 that the person submit to psychological evaluation and 34 treatment according to terms required by the court. The costs 35 -10- LSB 1847XS (4) 87 da/nh 10/ 21

S.F. 129 of the evaluation and treatment shall be paid by the person. 1 In addition, the sentencing order shall provide that the person 2 complete a community work requirement, which may include a work 3 requirement performed at an animal shelter or pound, as defined 4 in section 162.2 , according to terms required by the court. 5 (2) For a second or subsequent conviction, the person is 6 guilty of a class “D” felony. The sentencing order shall 7 provide that the person submit to psychological evaluation and 8 treatment according to terms required by the court. The costs 9 of the psychological evaluation and treatment shall be paid by 10 the person. 11 b. The juvenile court shall have exclusive original 12 jurisdiction in a proceeding concerning a child who is alleged 13 to have committed animal torture, in the manner provided in 14 section 232.8 . The juvenile court shall not waive jurisdiction 15 in a proceeding concerning an offense alleged to have been 16 committed by a child under the age of seventeen. 17 4. A person who commits animal torture is guilty of a class 18 “D” felony. 19 5. Notwithstanding subsection 4, a person who commits 20 animal torture is guilty of a class “C” felony under any of the 21 following circumstances: 22 a. The offense was committed by an adult when a juvenile was 23 physically present. 24 b. The person has previously been convicted of any of the 25 following: 26 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 27 animal neglect pursuant to section 717B.2B or 717B.3, animal 28 torture pursuant to this section, animal abandonment pursuant 29 to section 717B.3B, animal endangerment pursuant to section 30 717B.3C, injury or interference with a police service dog 31 pursuant to section 717B.9, bestiality pursuant to section 32 717C.1, or committing an act involving a contest event 33 prohibited in section 717D.2. 34 (2) An offense under any other state’s statute 35 -11- LSB 1847XS (4) 87 da/nh 11/ 21

S.F. 129 substantially corresponding to an offense described in 1 subparagraph (1). The court shall judicially notice 2 the statute of another state which defines such offense 3 substantially equivalent to an offense described in 4 subparagraph (1) and can therefore be considered a 5 corresponding statute. 6 Sec. 9. NEW SECTION . 717B.3B Animal abandonment —— 7 penalties. 8 1. A person commits animal abandonment when the person does 9 all of the following: 10 a. Knowingly or recklessly relinquishes custody of an animal 11 at a location in which the person does not hold a legal or 12 equitable interest. 13 b. Fails to do any of the following: 14 (1) Legally transfer the animal to another person. 15 (2) Make reasonable arrangements for the transfer of 16 custody of the animal to a person who agrees to assume custody 17 of the animal. 18 (3) Make other reasonable arrangements for the care of the 19 animal in a manner that would not constitute animal neglect in 20 the first degree under section 717B.2B, subsection 1. 21 2. A person who commits animal abandonment is guilty of a 22 simple misdemeanor. 23 3. Notwithstanding subsection 2, a person who commits 24 animal abandonment is guilty of a serious misdemeanor under any 25 of the following circumstances: 26 a. The offense was committed by an adult when a juvenile was 27 physically present. 28 b. The person has previously been convicted of any of the 29 following: 30 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 31 animal neglect pursuant to section 717B.2B or 717B.3, animal 32 torture pursuant to section 717B.3A, animal abandonment 33 pursuant to this section, animal endangerment pursuant to 34 section 717B.3C, injury or interference with a police service 35 -12- LSB 1847XS (4) 87 da/nh 12/ 21

S.F. 129 dog pursuant to section 717B.9, bestiality pursuant to 1 section 717C.1, or committing an act involving a contest event 2 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. 10. NEW SECTION . 717B.3C Animal endangerment —— 11 penalties. 12 1. A person commits animal endangerment when the person 13 confines an animal in a stationary motor vehicle in a manner 14 that endangers the health or life of the animal by exposing the 15 animal to a prolonged period of extreme interior temperature or 16 a long period without adequate ventilation. 17 2. A person who commits animal endangerment is guilty of a 18 simple misdemeanor. 19 3. Notwithstanding subsection 2, a person who commits 20 animal endangerment is guilty of a serious misdemeanor under 21 any of the following circumstances: 22 a. The offense was committed by an adult when a juvenile was 23 physically present. 24 b. The person has previously been convicted of any of the 25 following: 26 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 27 animal neglect pursuant to section 717B.2B or 717B.3, animal 28 torture pursuant to section 717B.3A, animal abandonment 29 pursuant to section 717B.3B, animal endangerment pursuant to 30 this section, injury or interference with a police service 31 dog pursuant to section 717B.9, bestiality pursuant to 32 section 717C.1, or committing an act involving a contest event 33 prohibited in section 717D.2. 34 (2) An offense under any other state’s statute 35 -13- LSB 1847XS (4) 87 da/nh 13/ 21

S.F. 129 substantially corresponding to an offense described in 1 subparagraph (1). The court shall judicially notice 2 the statute of another state which defines such offense 3 substantially equivalent to an offense described in 4 subparagraph (1) and can therefore be considered a 5 corresponding statute. 6 Sec. 11. NEW SECTION . 717B.3D Animal mistreatment —— court 7 order —— evaluation and treatment. 8 1. At the time of a person’s conviction for a public 9 offense committed under this chapter, a court may enter an 10 order requiring the person to undergo a psychological or 11 psychiatric evaluation and to undergo any treatment that the 12 court determines to be appropriate after due consideration of 13 the evaluation. However, the court shall enter such an order 14 if the convicted person is any of the following: 15 a. A juvenile. 16 b. An adult committing animal abuse pursuant to section 17 717B.2 or 717B.2A, animal neglect in the first degree pursuant 18 to section 717B.2B, animal neglect in the second degree 19 punishable as an aggravated misdemeanor pursuant to section 20 717B.3, or animal torture pursuant to section 717B.3A. 21 2. The costs of undergoing a psychological or psychiatric 22 evaluation and undergoing any treatment ordered by the court 23 shall be borne by the convicted person, unless the person is 24 a juvenile. 25 3. An order made under this section is in addition to any 26 other order or sentence of the court. 27 4. Any violation of the court order shall be punished as 28 contempt of court pursuant to chapter 665. 29 Sec. 12. NEW SECTION . 717B.3E Animal mistreatment —— 30 sentencing order —— prohibitions. 31 1. At the time of a person’s sentencing for a public offense 32 committed under this chapter, a court may prohibit the person 33 from owning or obtaining custody of an animal belonging to 34 the same taxonomic genus as the animal that the defendant is 35 -14- LSB 1847XS (4) 87 da/nh 14/ 21

S.F. 129 convicted of mistreating, or residing in the same dwelling 1 where such animal is kept. The period of the prohibition shall 2 be not less than one but not more than five years. 3 2. Notwithstanding subsection 1, the court shall enter such 4 an order if the convicted person has committed animal abuse 5 pursuant to section 717B.2 or 717B.2A, animal neglect in the 6 first degree pursuant to section 717B.2B, animal neglect in the 7 second degree punishable as an aggravated misdemeanor pursuant 8 to section 717B.3, or animal torture pursuant to section 9 717B.3A. The period of such prohibition shall be as follows: 10 a. For an aggravated misdemeanor, from one to five years. 11 b. For a class “D” felony, from five to fifteen years. 12 c. For a class “C” felony, for life. 13 3. The duration of a prohibition described in this 14 section commences on the date that the person is placed on 15 probation, released on parole or work release, or released from 16 incarceration or from placement in a juvenile facility. 17 4. An order made pursuant to this section is in addition to 18 any other order or sentence of the court. 19 5. Any violation of the court order described in this 20 section is a public offense and shall be punished as a simple 21 misdemeanor. 22 Sec. 13. Section 717B.5, subsection 1, Code 2017, is amended 23 to read as follows: 24 1. The rescue must be made by a law enforcement officer 25 having cause to believe that the animal is a threatened animal 26 after consulting with a veterinarian licensed pursuant to 27 chapter 169 . An animal cruelty report filed with a local 28 law enforcement agency pursuant to section 717B.10 is not a 29 substitute for consulting with a licensed veterinarian. The 30 law enforcement officer may rescue the animal by entering on 31 public or private property, as provided in this subsection . 32 The law enforcement officer may enter onto property of a person 33 to rescue the animal if the officer obtains a search warrant 34 issued by a court, or enters onto the premises in a manner 35 -15- LSB 1847XS (4) 87 da/nh 15/ 21

S.F. 129 consistent with the laws of this state and the United States, 1 including Article I, section 8, of the Constitution of the 2 State of Iowa, or the fourth amendment to the Constitution of 3 the United States. 4 Sec. 14. NEW SECTION . 717B.5A Rescue —— motor vehicles. 5 1. A law enforcement officer may rescue an animal from a 6 stationary motor vehicle, including through the use of forced 7 entrance, if the law enforcement officer reasonably believes 8 that the animal may be suffering distress due to exposure to 9 extreme interior temperature or a lack of adequate ventilation. 10 The law enforcement officer’s action is justified regardless 11 of whether the law enforcement officer observed indications 12 of distress or whether the person could be charged with or 13 convicted of committing a public offense. 14 2. The law enforcement officer shall provide written 15 notice of the rescue to the animal’s responsible party. This 16 requirement is satisfied by placing the notice in a conspicuous 17 place located within the motor vehicle. The notice must state 18 where the rescued animal may be claimed. 19 3. The local authority shall provide for the maintenance 20 of the rescued animal as if it were a threatened animal under 21 section 717B.5. However, a dispositional proceeding under 22 section 717B.4 is not required if within ten days after the 23 date of the animal’s rescue the responsible party claims the 24 animal from the local authority. In order to claim the animal, 25 the responsible party must reimburse the local authority for 26 all reasonable costs that accrued from rescuing and maintaining 27 the animal. 28 Sec. 15. NEW SECTION . 717B.10 Reports. 29 1. A local law enforcement agency shall accept and file 30 an animal cruelty report submitted by a person as provided in 31 section 169.21. The report may be used as the basis for an 32 investigation or criminal complaint or information under this 33 chapter, or for determining whether to perform a rescue under 34 section 717B.5. 35 -16- LSB 1847XS (4) 87 da/nh 16/ 21

S.F. 129 2. a. A local law enforcement agency shall file a child 1 endangerment alert report with the department of human services 2 if all of the following apply: 3 (1) A law enforcement officer employed by the law 4 enforcement agency conducts an investigation of a suspected 5 offense of animal abuse as described in section 717B.2 or 6 717B.2A, animal neglect as described in section 717B.2B or 7 717B.3, or animal torture as described in section 717B.3A. 8 (2) The law enforcement officer reasonably believes that a 9 minor child of the subject of the investigation witnessed the 10 commission of the offense. 11 b. The report shall be filed in a manner and according to 12 procedures required by the department of human services. 13 c. The report shall be a confidential record in the same 14 manner as a peace officer’s investigative report under section 15 22.7, subsection 5. 16 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 3, shall not apply to this Act. 18 Sec. 17. REPEAL. Section 717B.8, Code 2016, is repealed. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 GENERAL. This bill amends Code chapter 717B prohibiting 23 the mistreatment of certain animals, including dogs and cats, 24 but excluding other animals such as livestock (Code chapter 25 717); game, fur-bearing animals, fish, reptiles, or amphibians 26 (Code chapter 481A), unless such animal is owned, confined, 27 or controlled by a person; or a nongame animal declared to be 28 a nuisance by the natural resource commission (Code section 29 481A.42). 30 There are seven amended or new criminal offenses, including 31 animal abuse in the first or second degree (amended Code 32 section 717B.2 and new Code section 717B.2A), animal neglect 33 in the first or second degree (new Code section 717B.2B 34 and amended Code section 717B.3), animal torture (amended 35 -17- LSB 1847XS (4) 87 da/nh 17/ 21

S.F. 129 Code section 717B.3A), animal abandonment (new Code section 1 717B.3B), and animal endangerment (new Code section 717B.3C). 2 Each of the amended or new offenses includes an enhanced 3 penalty that applies to a convicted person in either of two 4 situations: (1) the person is an adult who committed the 5 offense in the presence of a juvenile or (2) the person has 6 previously committed any of the offenses previously described; 7 committed injury or interference with a police service dog 8 (Code section 717B.9); committed bestiality (Code section 9 717C.1); committed an offense involving an animal contest (Code 10 section 717D.4); or committed any similar offense in another 11 state. 12 TYPES OF CRIMINAL OFFENSES —— ABUSE, NEGLECT, OR TORTURE. 13 Animal abuse involves injuring an animal by violence or 14 poisoning; animal neglect involves failing to provide an animal 15 with adequate food, water, habitable conditions, or necessary 16 veterinary care; and animal torture involves inflicting upon 17 the animal severe and prolonged or repeated physical pain. For 18 animal abuse in the first degree, animal neglect in the first 19 degree, or animal torture, the animal must suffer a serious 20 injury or death. Serious injury involves a substantial risk 21 of death, protracted disfigurement, impairment, or a loss or 22 impairment of a limb. For animal abuse in the second degree, 23 the animal must suffer an injury meaning some impairment to the 24 animal’s health or functions, or death. For animal neglect in 25 the second degree, the injury element is not required. For 26 these offenses, the criminal penalties are as follows: (1) 27 animal abuse in the first degree, an aggravated misdemeanor 28 which may be enhanced to a class “D” felony; (2) animal abuse 29 in the second degree, a serious misdemeanor which may be 30 enhanced to an aggravated misdemeanor; (3) animal neglect 31 in the first degree, an aggravated misdemeanor which may be 32 enhanced to a class “D” felony; (4) animal neglect in the 33 second degree, a serious misdemeanor which may be enhanced to 34 an aggravated misdemeanor; and (5) animal torture, a class “D” 35 -18- LSB 1847XS (4) 87 da/nh 18/ 21

S.F. 129 felony which may be enhanced to a class “C” felony. 1 A number of exceptions apply to the animal abuse and animal 2 torture offenses, including carrying out (1) a court order; (2) 3 a veterinary practice; (3) a good animal husbandry practice; 4 (4) another provision of law; (5) legally hunting, trapping, 5 or fishing; (6) a defense of property or life; (7) conduct 6 by a local authority; and (8) research activities. The bill 7 eliminates a provision in the current abuse Code section that 8 excepts an animal’s owner from culpability. The bill also 9 eliminates an element of animal torture that requires proof of 10 sadistic or depraved intent. 11 TYPES OF CRIMINAL OFFENSES —— ANIMAL ABANDONMENT AND ANIMAL 12 ENDANGERMENT. For animal abandonment, a person must knowingly 13 or recklessly relinquish custody of an animal, and then fail 14 to provide for its legal transfer or make arrangements for its 15 care. For animal endangerment, a person must confine an animal 16 in a stationary motor vehicle in a manner that endangers the 17 health or life of the animal. For these last two offenses, the 18 criminal penalties are the same: a simple misdemeanor which 19 may be enhanced to a serious misdemeanor. 20 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 21 as follows: (1) simple misdemeanor, confinement for no more 22 than 30 days or a fine of at least $65 but not more than $625 or 23 by both; (2) serious misdemeanor, confinement for no more than 24 one year and a fine of at least $315 but not more than $1,875; 25 (3) aggravated misdemeanor, confinement for no more than two 26 years and a fine of at least $625 but not more than $6,250; (4) 27 class “D” felony, confinement for no more than five years and a 28 fine of at least $750 but not more than $7,500; and (5) class 29 “C” felony, confinement for no more than 10 years and a fine of 30 at least $1,000 but not more than $10,000. 31 COURT ORDERS. At the time of conviction for committing 32 any of the offenses, a person may be subject to a court order 33 requiring a psychological or psychiatric evaluation and 34 treatment. The person may also be subject to a court order 35 -19- LSB 1847XS (4) 87 da/nh 19/ 21