SF 129 (LSB 1847XS (4) 87)

SENATE FILE 129

BY  BISIGNANO

A BILL FOR

An Act prohibiting the mistreatment of animals other than livestock and wild animals, providing reporting requirements, providing for criminal offenses, and including penalties. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  169.21  Animal cruelty report.
   1.  a.  A person who practices veterinary medicine under a valid license or temporary permit and who concludes that an animal is being subjected to animal cruelty shall complete an animal cruelty report and submit the report to a local law enforcement agency having jurisdiction to investigate the matter. The local law enforcement agency shall file the report as provided in section 717B.10. 
   b.  The board may adopt rules detailing any grounds or procedures for making a conclusion that an animal is being subjected to animal cruelty. However, the board is precluded from concluding that an animal is being subjected to animal cruelty if the animal is provided care in a manner that would meet the standard of care for that species of animal under state law as enforced by the department of agriculture and land stewardship and under federal law as enforced by the United States department of agriculture. The conclusion must at least be based on clinical indications that if true could reasonably constitute elements of animal abuse in the first degree as described in section 717B.2, subsection 1, animal neglect in the first degree as described in section 717B.2B, subsection 1, or animal torture as described in section 717B.3A, subsection 1.
   c.  Notwithstanding section 169.3, for purposes of this section, “animal” means the same as defined in section 717B.1.
   2.  A report shall include, to every extent known by the person completing the report, all of the following:
   a.  The name and description of the animal.
   b.  The address and contact information of the owner or other person responsible for the care of the animal.
   c.  A description of the nature and extent of the indications of animal cruelty.
   d.  Any evidence indicating that the animal has been subjected to animal cruelty previously.
   e.  Any other information required by the local law enforcement agency that may be of value in conducting a criminal investigation.
   3.  The board may prepare and distribute a form for use by a person completing and submitting a report under this section and by a local law enforcement agency filing the report under section 717B.10. The form shall replace the information required to be completed in subsection 2. However, the report must at least require the completion of information necessary for a law enforcement officer to interview the person submitting the report and conduct an investigation regarding the commission of a public offense described in subsection 1. The board may consult the department of public safety when preparing the form and may provide the form to the department of agriculture and land stewardship or the department of public safety for publication on the internet site of the respective department.
   4.  A person participating in good faith in reporting, cooperating with, or assisting a local law enforcement agency in evaluating a case of animal cruelty has immunity from criminal or civil liability or administrative disciplinary action which might otherwise be incurred or imposed based upon the act of making the report or giving the assistance. The person has the same immunity with respect to participating in good faith in a judicial proceeding resulting from the report, cooperation, or assistance or relating to the subject matter of the report, cooperation, or assistance. 
    Sec. 2.  Section 717B.1, Code 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  a.  “Convicted” means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another state, including but not limited to a juvenile who has been adjudicated delinquent, whether or not the juvenile court records have been sealed under section 232.150, and a person who has received a deferred sentence or a deferred judgment or has been acquitted by reason of insanity. 
   b.  “Convicted” includes the conviction of a juvenile prosecuted as an adult. “Convicted” also includes a conviction for an attempt or conspiracy to commit an offense. 
   c.  “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
   NEW SUBSECTION.  4A.  “Injury” means an impairment to an animal’s health or functions, including physical damage or harm to an animal’s muscle, tissue, organs, bones, hide, or skin, that causes the animal to suffer pain.
   NEW SUBSECTION.  6A.  “Local law enforcement agency” means an entity established as part of a local authority to serve as a police force responsible for the prevention and detection of crime and enforcement of the criminal laws of this state.
   NEW SUBSECTION.  8A.  “Serious injury” means an injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb or organ.
    Sec. 3.  Section 717B.1, subsection 9, Code 2017, is amended to read as follows:
   9.  “Threatened animal” means an animal that is abused as provided suffers mistreatment due to animal abuse as described in section 717B.2 or 717B.2A, neglected animal neglect as provided described in section 717B.2B or 717B.3, or tortured animal torture as provided described in section 717B.3A, animal abandonment as described in section 717B.3B, or animal endangerment as described in section 717B.3C.
    Sec. 4.  Section 717B.2, Code 2017, is amended to read as follows:
   717B.2  Animal abuse in the first degree —— penalties.
   1.  A person is guilty of animal abuse if the person intentionally injures, maims, disfigures, or destroys an animal owned by another person, in any manner, including intentionally poisoning the animal commits animal abuse in the first degree when the person knowingly or recklessly causes serious injury or death to an animal by force, violence, or poisoning. A person guilty of animal abuse is guilty of an aggravated misdemeanor.
   2.  This section shall not apply to conduct engaged in by any of the following:
   1.  A person acting with the consent of the person owning the animal, unless the action constitutes animal neglect as provided in section 717B.3.
   2.  a.  A person acting to carry out an order issued by a court.
   3.  b.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169.
   4.  c.  A person acting in order to carry out another provision of law which allows the conduct.
   5.  d.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
   6.  e.  A person acting to protect the person’s property from a wild animal as defined in section 481A.1.
   7.  f.  A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
   8.  g.  A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
   9.  h.  A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
   10.  i.  A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
   11.  j.  A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  A person who commits animal abuse in the first degree is guilty of an aggravated misdemeanor.
   4.  Notwithstanding subsection 3, a person who commits animal abuse in the first degree is guilty of a class “D” felony under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to this section or section 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 5.  NEW SECTION.  717B.2A  Animal abuse in the second degree —— penalties.
   1.  A person commits animal abuse in the second degree when the person knowingly or recklessly causes injury or death to an animal by force, violence, or poisoning.
   2.  This section shall not apply to conduct engaged in by a person described in section 717B.2, subsection 2.
   3.  A person who commits animal abuse in the second degree is guilty of a serious misdemeanor. 
   4.  Notwithstanding subsection 3, a person who commits animal abuse in the second degree is guilty of an aggravated misdemeanor under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to section 717B.2 or this section, animal neglect pursuant to section 717B.2B or 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 6.  NEW SECTION.  717B.2B  Animal neglect in the first degree —— penalties.
   1.  A person commits animal neglect in the first degree when the person owns or has custody of an animal, confines that animal, and causes the animal to suffer serious injury or death, by failing to reasonably provide any of the following:
   a.  Access to food in an amount and quality sufficient to satisfy the animal’s basic nutrition level.
   b.  Access to a supply of potable water in an amount sufficient to satisfy the animal’s basic hydration level. Access to snow or ice does not satisfy this requirement.
   c.  Sanitary conditions free from excessive animal waste or the overcrowding of animals.
   d.  Adequate shelter sufficient to provide the animal with protection from extreme weather conditions, including but not limited to sun, wind, rain, snow, ice, or standing water. 
   e.  Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from a condition caused by failing to provide for the animal’s welfare as described in paragraphs “a” through “d”.
   2.  This section does not apply to any of the following:
   a.  A person acting to carry out another provision of law which allows the conduct.
   b.  A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  A person who commits animal neglect in the first degree is guilty of an aggravated misdemeanor. 
   4.  Notwithstanding subsection 3, a person who commits animal neglect in the first degree is guilty of a class “D” felony under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect pursuant to this section or section 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 7.  Section 717B.3, Code 2017, is amended to read as follows:
   717B.3  Animal neglect in the second degree —— penalties.
   1.  A person who impounds or commits animal neglect in the second degree when the person owns or has custody of an animal, confines, in any place, an that animal, is guilty of animal neglect if the person does and fails to reasonably provide the animal with any of the following:   
   a.  Fails to supply the animal during confinement with a sufficient quantity of food or water. Access to food in an amount and quality sufficient to satisfy the animal’s basic nutrition level.
   b.  Fails to provide a confined dog or cat with adequate shelter.  Access to a supply of potable water in an amount sufficient to satisfy the animal’s basic hydration level. Access to snow or ice does not satisfy this requirement.
   c.  Tortures, deprives of necessary sustenance, mutilates, beats, or kills an animal by any means which causes unjustified pain, distress, or suffering.  Sanitary conditions free from excessive animal waste or the overcrowding of animals.
   d.  Adequate shelter sufficient to provide the animal with protection from extreme weather conditions, including but not limited to sun, wind, rain, snow, ice, or standing water.
   e.  Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from a condition caused by failing to provide for the animal’s welfare as described in paragraphs “a” through “d”.
   2.  This section does not apply to a any of the following:
   a.  A person acting to carry out another provision of law which allows the conduct.
   b.  A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  A person who negligently or intentionally commits the offense of animal neglect in the second degree is guilty of a simple serious misdemeanor. A person who intentionally commits the offense of animal neglect which results in serious injury to or the death of an animal is guilty of a serious misdemeanor.
   4.  Notwithstanding subsection 3, a person who commits animal neglect in the second degree is guilty of an aggravated misdemeanor under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect pursuant to section 717B.2B or this section, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 8.  Section 717B.3A, Code 2017, is amended to read as follows:
   717B.3A  Animal torture —— penalties.
   1.  A person is guilty of animal torture, regardless of whether the person is the owner of the animal, if when the person inflicts upon the animal severe and prolonged or repeated physical pain with a depraved or sadistic intent to cause that results in the animal’s prolonged suffering and serious injury or death.
   2.  This section shall not apply to conduct engaged in by any of the following:
   a.  A person acting to carry out an order issued by a court.
   b.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169.
   c.  A person carrying out a practice that is consistent with animal husbandry practices.
   d.  A person acting in order to carry out another provision of law which allows the conduct.
   e.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
   f.  A person acting to protect the person’s property from a wild animal as defined in section 481A.1.
   g.  A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
   h.  A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
   i.  A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
   j.  A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
   k.  A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  a.  The following shall apply to a person who commits animal torture:
   (1)  For the first conviction, the person is guilty of an aggravated misdemeanor. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the evaluation and treatment shall be paid by the person. In addition, the sentencing order shall provide that the person complete a community work requirement, which may include a work requirement performed at an animal shelter or pound, as defined in section 162.2, according to terms required by the court.
   (2)  For a second or subsequent conviction, the person is guilty of a class “D” felony. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the psychological evaluation and treatment shall be paid by the person.
   b.  The juvenile court shall have exclusive original jurisdiction in a proceeding concerning a child who is alleged to have committed animal torture, in the manner provided in section 232.8. The juvenile court shall not waive jurisdiction in a proceeding concerning an offense alleged to have been committed by a child under the age of seventeen.
   4.  A person who commits animal torture is guilty of a class “D” felony.
   5.  Notwithstanding subsection 4, a person who commits animal torture is guilty of a class “C” felony under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, animal torture pursuant to this section, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 9.  NEW SECTION.  717B.3B  Animal abandonment —— penalties.
   1.  A person commits animal abandonment when the person does all of the following:
   a.  Knowingly or recklessly relinquishes custody of an animal at a location in which the person does not hold a legal or equitable interest.
   b.  Fails to do any of the following:
   (1)  Legally transfer the animal to another person.
   (2)  Make reasonable arrangements for the transfer of custody of the animal to a person who agrees to assume custody of the animal.
   (3)  Make other reasonable arrangements for the care of the animal in a manner that would not constitute animal neglect in the first degree under section 717B.2B, subsection 1.
   2.  A person who commits animal abandonment is guilty of a simple misdemeanor.
   3.  Notwithstanding subsection 2, a person who commits animal abandonment is guilty of a serious misdemeanor under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to this section, animal endangerment pursuant to section 717B.3C, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 10.  NEW SECTION.  717B.3C  Animal endangerment —— penalties.
   1.  A person commits animal endangerment when the person confines an animal in a stationary motor vehicle in a manner that endangers the health or life of the animal by exposing the animal to a prolonged period of extreme interior temperature or a long period without adequate ventilation.
   2.  A person who commits animal endangerment is guilty of a simple misdemeanor.
   3.  Notwithstanding subsection 2, a person who commits animal endangerment is guilty of a serious misdemeanor under any of the following circumstances:
   a.  The offense was committed by an adult when a juvenile was physically present.
   b.  The person has previously been convicted of any of the following:
   (1)  Animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to this section, injury or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or committing an act involving a contest event prohibited in section 717D.2.
   (2)  An offense under any other state’s statute substantially corresponding to an offense described in subparagraph (1). The court shall judicially notice the statute of another state which defines such offense substantially equivalent to an offense described in subparagraph (1) and can therefore be considered a corresponding statute.
    Sec. 11.  NEW SECTION.  717B.3D  Animal mistreatment —— court order —— evaluation and treatment.
   1.  At the time of a person’s conviction for a public offense committed under this chapter, a court may enter an order requiring the person to undergo a psychological or psychiatric evaluation and to undergo any treatment that the court determines to be appropriate after due consideration of the evaluation. However, the court shall enter such an order if the convicted person is any of the following:
   a.  A juvenile. 
   b.  An adult committing animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect in the first degree pursuant to section 717B.2B, animal neglect in the second degree punishable as an aggravated misdemeanor pursuant to section 717B.3, or animal torture pursuant to section 717B.3A.
   2.  The costs of undergoing a psychological or psychiatric evaluation and undergoing any treatment ordered by the court shall be borne by the convicted person, unless the person is a juvenile.
   3.  An order made under this section is in addition to any other order or sentence of the court.
   4.  Any violation of the court order shall be punished as contempt of court pursuant to chapter 665. 
    Sec. 12.  NEW SECTION.  717B.3E  Animal mistreatment —— sentencing order —— prohibitions.
   1.  At the time of a person’s sentencing for a public offense committed under this chapter, a court may prohibit the person from owning or obtaining custody of an animal belonging to the same taxonomic genus as the animal that the defendant is convicted of mistreating, or residing in the same dwelling where such animal is kept. The period of the prohibition shall be not less than one but not more than five years.
   2.  Notwithstanding subsection 1, the court shall enter such an order if the convicted person has committed animal abuse pursuant to section 717B.2 or 717B.2A, animal neglect in the first degree pursuant to section 717B.2B, animal neglect in the second degree punishable as an aggravated misdemeanor pursuant to section 717B.3, or animal torture pursuant to section 717B.3A. The period of such prohibition shall be as follows:
   a.  For an aggravated misdemeanor, from one to five years.
   b.  For a class “D” felony, from five to fifteen years.
   c.  For a class “C” felony, for life.
   3.  The duration of a prohibition described in this section commences on the date that the person is placed on probation, released on parole or work release, or released from incarceration or from placement in a juvenile facility.
   4.  An order made pursuant to this section is in addition to any other order or sentence of the court.
   5.  Any violation of the court order described in this section is a public offense and shall be punished as a simple misdemeanor.
    Sec. 13.  Section 717B.5, subsection 1, Code 2017, is amended to read as follows:
   1.  The rescue must be made by a law enforcement officer having cause to believe that the animal is a threatened animal after consulting with a veterinarian licensed pursuant to chapter 169.  An animal cruelty report filed with a local law enforcement agency pursuant to section 717B.10 is not a substitute for consulting with a licensed veterinarian. The law enforcement officer may rescue the animal by entering on public or private property, as provided in this subsection. The law enforcement officer may enter onto property of a person to rescue the animal if the officer obtains a search warrant issued by a court, or enters onto the premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.
    Sec. 14.  NEW SECTION.  717B.5A  Rescue —— motor vehicles. 
   1.  A law enforcement officer may rescue an animal from a stationary motor vehicle, including through the use of forced entrance, if the law enforcement officer reasonably believes that the animal may be suffering distress due to exposure to extreme interior temperature or a lack of adequate ventilation. The law enforcement officer’s action is justified regardless of whether the law enforcement officer observed indications of distress or whether the person could be charged with or convicted of committing a public offense.
   2.  The law enforcement officer shall provide written notice of the rescue to the animal’s responsible party. This requirement is satisfied by placing the notice in a conspicuous place located within the motor vehicle. The notice must state where the rescued animal may be claimed. 
   3.  The local authority shall provide for the maintenance of the rescued animal as if it were a threatened animal under section 717B.5. However, a dispositional proceeding under section 717B.4 is not required if within ten days after the date of the animal’s rescue the responsible party claims the animal from the local authority. In order to claim the animal, the responsible party must reimburse the local authority for all reasonable costs that accrued from rescuing and maintaining the animal.
    Sec. 15.  NEW SECTION.  717B.10  Reports.
   1.  A local law enforcement agency shall accept and file an animal cruelty report submitted by a person as provided in section 169.21. The report may be used as the basis for an investigation or criminal complaint or information under this chapter, or for determining whether to perform a rescue under section 717B.5. 
   2.  a.  A local law enforcement agency shall file a child endangerment alert report with the department of human services if all of the following apply:
   (1)  A law enforcement officer employed by the law enforcement agency conducts an investigation of a suspected offense of animal abuse as described in section 717B.2 or 717B.2A, animal neglect as described in section 717B.2B or 717B.3, or animal torture as described in section 717B.3A.
   (2)  The law enforcement officer reasonably believes that a minor child of the subject of the investigation witnessed the commission of the offense.
   b.  The report shall be filed in a manner and according to procedures required by the department of human services.
   c.  The report shall be a confidential record in the same manner as a peace officer’s investigative report under section 22.7, subsection 5.
    Sec. 16.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
    Sec. 17.  REPEAL.  Section 717B.8, Code 2016, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends Code chapter 717B prohibiting the mistreatment of certain animals, including dogs and cats, but excluding other animals such as livestock (Code chapter 717); game, fur-bearing animals, fish, reptiles, or amphibians (Code chapter 481A), unless such animal is owned, confined, or controlled by a person; or a nongame animal declared to be a nuisance by the natural resource commission (Code section 481A.42).
   There are seven amended or new criminal offenses, including animal abuse in the first or second degree (amended Code section 717B.2 and new Code section 717B.2A), animal neglect in the first or second degree (new Code section 717B.2B and amended Code section 717B.3), animal torture (amended Code section 717B.3A), animal abandonment (new Code section 717B.3B), and animal endangerment (new Code section 717B.3C).  Each of the amended or new offenses includes an enhanced penalty that applies to a convicted person in either of two situations: (1) the person is an adult who committed the offense in the presence of a juvenile or (2) the person has previously committed any of the offenses previously described; committed injury or interference with a police service dog (Code section 717B.9); committed bestiality (Code section 717C.1); committed an offense involving an animal contest (Code section 717D.4); or committed any similar offense in another state. 
   TYPES OF CRIMINAL OFFENSES —— ABUSE, NEGLECT, OR TORTURE. 

Animal abuse involves injuring an animal by violence or poisoning; animal neglect involves failing to provide an animal with adequate food, water, habitable conditions, or necessary veterinary care; and animal torture involves inflicting upon the animal severe and prolonged or repeated physical pain. For animal abuse in the first degree, animal neglect in the first degree, or animal torture, the animal must suffer a serious injury or death. Serious injury involves a substantial risk of death, protracted disfigurement, impairment, or a loss or impairment of a limb. For animal abuse in the second degree, the animal must suffer an injury meaning some impairment to the animal’s health or functions, or death. For animal neglect in the second degree, the injury element is not required. For these offenses, the criminal penalties are as follows: (1) animal abuse in the first degree, an aggravated misdemeanor which may be enhanced to a class “D” felony; (2) animal abuse in the second degree, a serious misdemeanor which may be enhanced to an aggravated misdemeanor; (3) animal neglect in the first degree, an aggravated misdemeanor which may be enhanced to a class “D” felony; (4) animal neglect in the second degree, a serious misdemeanor which may be enhanced to an aggravated misdemeanor; and (5) animal torture, a class “D” felony which may be enhanced to a class “C” felony.
   A number of exceptions apply to the animal abuse and animal torture offenses, including carrying out (1) a court order; (2) a veterinary practice; (3) a good animal husbandry practice; (4) another provision of law; (5) legally hunting, trapping, or fishing; (6) a defense of property or life; (7) conduct by a local authority; and (8) research activities. The bill eliminates a provision in the current abuse Code section that excepts an animal’s owner from culpability. The bill also eliminates an element of animal torture that requires proof of sadistic or depraved intent. 
   TYPES OF CRIMINAL OFFENSES —— ANIMAL ABANDONMENT AND ANIMAL ENDANGERMENT. For animal abandonment, a person must knowingly or recklessly relinquish custody of an animal, and then fail to provide for its legal transfer or make arrangements for its care. For animal endangerment, a person must confine an animal in a stationary motor vehicle in a manner that endangers the health or life of the animal. For these last two offenses, the criminal penalties are the same: a simple misdemeanor which may be enhanced to a serious misdemeanor.
   APPLICABLE CRIMINAL PENALTIES. The criminal penalties are as follows: (1) simple misdemeanor, confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both; (2) serious misdemeanor, confinement for no more than one year and a fine of at least $315 but not more than $1,875; (3) aggravated misdemeanor, confinement for no more than two years and a fine of at least $625 but not more than $6,250; (4) class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500; and (5) class “C” felony, confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   COURT ORDERS. At the time of conviction for committing any of the offenses, a person may be subject to a court order requiring a psychological or psychiatric evaluation and treatment. The person may also be subject to a court order prohibiting the person from owning, possessing, or living with an animal of the same genus as the mistreated animal. In each case, the court’s decision to issue an order is discretionary except under certain conditions. A court order requiring an evaluation and treatment is mandatory for juveniles. That order and the order prohibiting contact with animals is also mandatory if the offense is punishable as an aggravated misdemeanor or felony. For a discretionary court order, the period of prohibition is from one to five years. For a mandatory court order, the period of prohibition is as follows: (1) one to five years for an aggravated misdemeanor, (2) 5 to 15 years for a class “D” felony, and (3) life for a class “C” felony.
   ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS. A law enforcement officer (e.g., county sheriff or deputy sheriff) is authorized to rescue an animal from a motor vehicle based upon the officer’s reasonable belief that the animal may be suffering distress. The officer must provide a written notice of the rescue. After the rescue, the animal must be maintained as a rescued animal by the local authority until it is claimed or disposed of pursuant to court order.
   MANDATORY REPORTING —— VETERINARIANS TO LOCAL LAW ENFORCEMENT AGENCIES. A veterinarian is required to report cases in which an animal may have suffered a serious injury due to animal abuse, animal neglect, or animal torture. The board of veterinary medicine may prescribe the form of the report. The report must be submitted to the local law enforcement agency having jurisdiction of the matter.
   MANDATORY REPORTING —— LOCAL LAW ENFORCEMENT AGENCIES TO THE DEPARTMENT OF HUMAN SERVICES. A local law enforcement agency must submit a report to the department of human services if a law enforcement officer conducts an investigation involving animal abuse, animal neglect, or animal torture and reasonably believes a minor child of the subject of the investigation witnessed the offense being committed.
   STATE MANDATE. The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.