Senate File 2181 - Introduced SENATE FILE 2181 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 421) (SUCCESSOR TO SF 313) A BILL FOR An Act prohibiting the mistreatment of animals other than 1 livestock and wild animals, providing for the rescue of 2 animals by local law enforcement agencies, providing for 3 criminal offenses and court orders, and including penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2385SZ (4) 87 da/rj

S.F. 2181 Section 1. Section 717B.1, Code 2018, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 2A. “Animal control officer” means a person 3 employed, contracted, or appointed by a local authority to 4 assist in the enforcement of chapter 162, this chapter, or any 5 other law or ordinance relating to the licensing of animals, 6 control of animals, or the seizure and impoundment of animals. 7 NEW SUBSECTION . 3A. a. “Convicted” means found guilty of, 8 pleads guilty to, or is sentenced or adjudicated delinquent 9 for an act which is an indictable offense in this state or in 10 another state, including but not limited to a juvenile who has 11 been adjudicated delinquent, whether or not the juvenile court 12 records have been sealed under section 232.150, and a person 13 who has received a deferred sentence or a deferred judgment or 14 has been acquitted by reason of insanity. 15 b. “Convicted” includes the conviction of a juvenile 16 prosecuted as an adult. “Convicted” also includes a conviction 17 for an attempt or conspiracy to commit an offense. 18 c. “Convicted” does not mean a plea, sentence, adjudication, 19 deferred sentence, or deferred judgment which has been reversed 20 or otherwise set aside. 21 NEW SUBSECTION . 4A. “Injury” means an impairment to an 22 animal’s health or functions, including physical damage or harm 23 to an animal’s muscle, tissue, organs, bones, hide, or skin, 24 that causes the animal to suffer pain. 25 NEW SUBSECTION . 8A. “Serious injury” means an injury that 26 creates a substantial risk of death or that causes protracted 27 disfigurement, protracted impairment of health, or protracted 28 loss or impairment of the function of a limb or organ. 29 Sec. 2. Section 717B.1, subsection 9, Code 2018, is amended 30 to read as follows: 31 9. “Threatened animal” means an animal that is abused as 32 provided suffers mistreatment due to animal abuse as described 33 in section 717B.2 , neglected animal neglect as provided 34 described in section 717B.3 , or tortured animal torture as 35 -1- LSB 2385SZ (4) 87 da/rj 1/ 15

S.F. 2181 provided described in section 717B.3A , animal abandonment 1 as described in section 717B.3B, or animal endangerment as 2 described in section 717B.3C . 3 Sec. 3. Section 717B.2, Code 2018, is amended to read as 4 follows: 5 717B.2 Animal abuse —— penalties . 6 1. A person is guilty of animal abuse if the person 7 intentionally injures, maims, disfigures, or destroys an animal 8 owned by another person, in any manner, including intentionally 9 poisoning the animal commits animal abuse when the person 10 knowingly or recklessly causes injury, serious injury, or death 11 to an animal by force, violence, or poisoning . A person guilty 12 of animal abuse is guilty of an aggravated misdemeanor. 13 2. This section shall not apply to conduct engaged in by any 14 of the following: 15 1. A person acting with the consent of the person owning 16 the animal, unless the action constitutes animal neglect as 17 provided in section 717B.3 . 18 2. a. A person acting to carry out an order issued by a 19 court. 20 3. b. A licensed veterinarian practicing veterinary 21 medicine as provided in chapter 169 . 22 4. c. A person acting in order to carry out another 23 provision of law which allows the conduct. 24 5. d. A person taking, hunting, trapping, or fishing for a 25 wild animal as provided in chapter 481A . 26 6. e. A person acting to protect the person’s property from 27 a wild animal as defined in section 481A.1 . 28 7. f. A person acting to protect a person from injury or 29 death caused by a wild animal as defined in section 481A.1 . 30 8. g. A person reasonably acting reasonably to protect the 31 person’s property from damage caused by an unconfined animal. 32 9. h. A person reasonably acting reasonably to protect a 33 person from injury or death caused by an unconfined animal. 34 10. i. A local authority reasonably acting reasonably to 35 -2- LSB 2385SZ (4) 87 da/rj 2/ 15

S.F. 2181 destroy an animal, if at the time of the destruction, the owner 1 of the animal is absent or unable to care for the animal, and 2 the animal is permanently distressed by disease or injury to a 3 degree that would result in severe and prolonged suffering. 4 11. j. 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 person who commits animal abuse that does not cause 9 serious injury or death to an animal is guilty of a serious 10 misdemeanor. 11 4. A person who commits animal abuse that causes serious 12 injury or death to an animal is guilty of an aggravated 13 misdemeanor. 14 5. Notwithstanding subsection 4, a person who commits 15 animal abuse that causes serious injury or death to an animal 16 is guilty of a class “D” felony if the person has previously 17 been convicted of committing animal abuse pursuant to this 18 section, animal neglect pursuant to section 717B.3, animal 19 torture pursuant to section 717B.3A, animal abandonment 20 pursuant to section 717B.3B, animal endangerment pursuant 21 to section 717B.3C, injury to or interference with a police 22 service dog pursuant to section 717B.9, bestiality pursuant to 23 section 717C.1, or an act involving a contest event prohibited 24 in section 717D.2. 25 Sec. 4. Section 717B.3, Code 2018, is amended to read as 26 follows: 27 717B.3 Animal neglect —— penalties . 28 1. A person who impounds or commits animal neglect when 29 the person owns or has custody of an animal, confines , in any 30 place, an that animal , is guilty of animal neglect if the 31 person does any of the following: 32 a. Fails and fails to supply the animal during confinement 33 with a sufficient quantity of food or water. reasonably provide 34 the animal with any of the following: 35 -3- LSB 2385SZ (4) 87 da/rj 3/ 15

S.F. 2181 a. Access to food in an amount and quality sufficient to 1 satisfy the animal’s basic nutrition level. 2 b. Fails to provide a confined dog or cat with adequate 3 shelter. Access to a supply of potable water in an amount 4 sufficient to satisfy the animal’s basic hydration level. 5 Access to snow or ice does not satisfy this requirement. 6 c. Tortures, deprives of necessary sustenance, mutilates, 7 beats, or kills an animal by any means which causes unjustified 8 pain, distress, or suffering. Sanitary conditions free from 9 excessive animal waste or the overcrowding of animals. 10 d. Ventilated shelter sufficient to provide adequate 11 protection from the elements and weather conditions suitable 12 for the age, species, and physical condition of the animal 13 so as to maintain the animal in a state of good health. The 14 shelter must protect the animal from wind, rain, snow, or sun 15 and have adequate bedding to provide protection against cold 16 and dampness. A shelter may include a residence, garage, barn, 17 shed, or doghouse. 18 e. Grooming, to the extent reasonably necessary to prevent 19 adverse health effects or suffering. 20 f. Veterinary care deemed necessary by a reasonably 21 prudent person to relieve an animal’s distress from any of the 22 following: 23 (1) A condition caused by failing to provide for the 24 animal’s welfare as described in paragraphs “a” through “f” . 25 (2) An injury or illness suffered by the animal causing the 26 animal to suffer prolonged pain and suffering. 27 2. This section does not apply to a research facility, as 28 defined in section 162.2 , provided that the research facility 29 performs functions within the scope of accepted practices and 30 disciplines associated with the research facility. 31 3. A person who negligently or intentionally commits the 32 offense of animal neglect that does not cause injury or death 33 to an animal is guilty of a simple misdemeanor. A person who 34 intentionally commits the offense of animal neglect which 35 -4- LSB 2385SZ (4) 87 da/rj 4/ 15

S.F. 2181 results in serious injury to or the death of an animal is 1 guilty of a serious misdemeanor. 2 4. A person who commits animal neglect that causes injury 3 other than serious injury or death to an animal is guilty of a 4 serious misdemeanor. 5 5. A person who commits animal neglect which causes serious 6 injury or death to an animal is guilty of an aggravated 7 misdemeanor. 8 6. Notwithstanding subsection 5, a person who commits 9 animal neglect which causes serious injury or death to an 10 animal is guilty of a class “D” felony if the person has been 11 previously convicted of animal abuse pursuant to section 12 717B.2, animal neglect pursuant to this section, animal torture 13 pursuant to section 717B.3A, animal abandonment pursuant to 14 section 717B.3B, animal endangerment pursuant to section 15 717B.3C, injury to or interference with a police service dog 16 pursuant to section 717B.9, bestiality pursuant to section 17 717C.1, or an act involving a contest event prohibited in 18 section 717D.2. 19 Sec. 5. Section 717B.3A, Code 2018, is amended to read as 20 follows: 21 717B.3A Animal torture —— penalties . 22 1. A person is guilty of animal torture , regardless of 23 whether the person is the owner of the animal, if when the 24 person inflicts upon the animal severe and prolonged or 25 repeated physical pain with a depraved or sadistic intent to 26 cause that results in the animal’s prolonged suffering and 27 serious injury or death. 28 2. This section shall not apply to conduct engaged in by any 29 of the following: 30 a. A person acting to carry out an order issued by a court. 31 b. A licensed veterinarian practicing veterinary medicine as 32 provided in chapter 169 . 33 c. A person carrying out a practice that is consistent with 34 animal husbandry practices. 35 -5- LSB 2385SZ (4) 87 da/rj 5/ 15

S.F. 2181 d. A person acting in order to carry out another provision 1 of law which allows the conduct. 2 e. A person taking, hunting, trapping, or fishing for a wild 3 animal as provided in chapter 481A . 4 f. A person acting to protect the person’s property from a 5 wild animal as defined in section 481A.1 . 6 g. A person acting to protect a person from injury or death 7 caused by a wild animal as defined in section 481A.1 . 8 h. A person reasonably acting reasonably to protect the 9 person’s property from damage caused by an unconfined animal. 10 i. A person reasonably acting reasonably to protect a person 11 from injury or death caused by an unconfined animal. 12 j. A local authority reasonably acting reasonably to destroy 13 an animal, if at the time of the destruction, the owner of the 14 animal is absent or unable to care for the animal, and the 15 animal is permanently distressed by disease or injury to a 16 degree that would result in severe and prolonged suffering. 17 k. A research facility, as defined in section 162.2 , 18 provided that the research facility performs functions within 19 the scope of accepted practices and disciplines associated with 20 the research facility. 21 3. a. The following shall apply to a person who commits 22 animal torture: 23 (1) For the first conviction, the person is guilty of an 24 aggravated misdemeanor. The sentencing order shall provide 25 that the person submit to psychological evaluation and 26 treatment according to terms required by the court. The costs 27 of the evaluation and treatment shall be paid by the person. 28 In addition, the sentencing order shall provide that the person 29 complete a community work requirement, which may include a work 30 requirement performed at an animal shelter or pound, as defined 31 in section 162.2 , according to terms required by the court. 32 (2) For a second or subsequent conviction, the person is 33 guilty of a class “D” felony. The sentencing order shall 34 provide that the person submit to psychological evaluation and 35 -6- LSB 2385SZ (4) 87 da/rj 6/ 15

S.F. 2181 treatment according to terms required by the court. The costs 1 of the psychological evaluation and treatment shall be paid by 2 the person. 3 b. The juvenile court shall have exclusive original 4 jurisdiction in a proceeding concerning a child who is alleged 5 to have committed animal torture, in the manner provided in 6 section 232.8 . The juvenile court shall not waive jurisdiction 7 in a proceeding concerning an offense alleged to have been 8 committed by a child under the age of seventeen. 9 4. A person who commits animal torture is guilty of a class 10 “D” felony. 11 5. Notwithstanding subsection 4, a person who commits 12 animal torture is guilty of a class “C” felony if the person 13 has previously been convicted of committing animal abuse 14 pursuant to section 717B.2, animal neglect pursuant to section 15 717B.3, animal torture pursuant to this section, animal 16 abandonment pursuant to section 717B.3B, animal endangerment 17 pursuant to section 717B.3C, injury to or interference with 18 a police service dog pursuant to section 717B.9, bestiality 19 pursuant to section 717C.1, or an act involving a contest event 20 prohibited in section 717D.2. 21 Sec. 6. NEW SECTION . 717B.3B Animal abandonment —— 22 penalties. 23 1. A person commits animal abandonment by knowingly or 24 recklessly relinquishing custody of an animal at a location in 25 which the person does not hold a legal or equitable interest if 26 the person does not do any of the following: 27 a. Legally transfer the animal to another person. 28 b. Make reasonable arrangements for the transfer of custody 29 of the animal to a person who agrees to assume custody of the 30 animal. 31 c. Make other reasonable arrangements for the care of the 32 animal in a manner that would not constitute animal neglect 33 under section 717B.3. 34 2. A person who commits animal abandonment that does not 35 -7- LSB 2385SZ (4) 87 da/rj 7/ 15

S.F. 2181 cause injury or death to an animal is guilty of a simple 1 misdemeanor. 2 3. A person who commits animal abandonment that causes 3 injury other than serious injury or death to an animal is 4 guilty of a serious misdemeanor. 5 4. A person who commits animal abandonment that causes 6 serious injury or death to an animal is guilty of an aggravated 7 misdemeanor. 8 5. Notwithstanding subsection 4, a person who commits 9 animal abandonment that causes serious injury or death to 10 an animal is guilty of a class “D” felony if the person has 11 previously been convicted of committing animal abandonment 12 pursuant to this section, animal abuse pursuant to section 13 717B.2, animal neglect pursuant to section 717B.3, animal 14 torture pursuant to section 717B.3A, animal endangerment 15 pursuant to section 717B.3C, injury to or interference with 16 a police service dog pursuant to section 717B.9, bestiality 17 pursuant to section 717C.1, or an act involving a contest event 18 prohibited in section 717D.2. 19 6. This section does not apply to a person who relinquishes 20 custody of a cat at a location described in subsection 1, if 21 previously the person had taken custody of the cat at the same 22 location and provided for its sterilization by a licensed 23 veterinarian practicing veterinary medicine pursuant to chapter 24 169. 25 Sec. 7. NEW SECTION . 717B.3C Animal endangerment —— 26 penalties. 27 1. A person commits animal endangerment when the person 28 confines an animal in a stationary motor vehicle in a manner 29 that endangers the health or life of the animal by exposing the 30 animal to a prolonged period of extreme interior temperature or 31 a long period without adequate ventilation. 32 2. A person who commits animal endangerment that does 33 not cause injury or death to an animal is guilty of a simple 34 misdemeanor. 35 -8- LSB 2385SZ (4) 87 da/rj 8/ 15

S.F. 2181 3. A person who commits animal endangerment that causes 1 injury other than serious injury or death to an animal is 2 guilty of a serious misdemeanor. 3 4. A person who commits animal endangerment that causes 4 serious injury or death to an animal is guilty of an aggravated 5 misdemeanor. 6 5. Notwithstanding subsection 4, a person who commits 7 animal endangerment that causes serious injury to an animal 8 is guilty of a class “D” felony if the person has previously 9 been convicted of committing animal endangerment pursuant to 10 this section, animal abuse pursuant to section 717B.2, animal 11 neglect pursuant to section 717B.3, animal torture pursuant 12 to section 717B.3A, animal abandonment pursuant to section 13 717B.3B, injury to or interference with a police service dog 14 pursuant to section 717B.9, bestiality pursuant to section 15 717C.1, or an act involving a contest event prohibited in 16 section 717D.2. 17 Sec. 8. NEW SECTION . 717B.3D Animal mistreatment —— court 18 order —— evaluation and treatment. 19 1. At the time of a person’s conviction for a public 20 offense committed under this chapter, a court may enter an 21 order requiring the person to undergo a psychological or 22 psychiatric evaluation and to undergo any treatment that the 23 court determines to be appropriate after due consideration of 24 the evaluation. However, the court shall enter such an order 25 if the convicted person is any of the following: 26 a. A juvenile. 27 b. An adult committing animal abuse pursuant to section 28 717B.2, animal neglect punishable as an aggravated misdemeanor 29 or class “D” felony pursuant to section 717B.3, animal torture 30 pursuant to section 717B.3A, animal abandonment pursuant to 31 section 717B.3B, or animal endangerment pursuant to section 32 717B.3C. 33 2. The costs of undergoing a psychological or psychiatric 34 evaluation and undergoing any treatment ordered by the court 35 -9- LSB 2385SZ (4) 87 da/rj 9/ 15

S.F. 2181 shall be borne by the convicted person, unless the person is 1 a juvenile. 2 3. An order made under this section is in addition to any 3 other order or sentence of the court. 4 4. Any violation of the court order shall be punished as 5 contempt of court pursuant to chapter 665. 6 Sec. 9. NEW SECTION . 717B.3E Animal mistreatment —— 7 sentencing order —— prohibitions. 8 1. At the time of a person’s sentencing for a public offense 9 committed under this chapter, a court may prohibit the person 10 from owning or obtaining custody of an animal or residing in 11 the same dwelling where an animal is kept. The period of the 12 prohibition shall be not less than three years. 13 2. Notwithstanding subsection 1, the court shall enter such 14 an order if the convicted person has committed animal abuse 15 punishable as an aggravated misdemeanor or class “D” felony 16 pursuant to section 717B.2, animal neglect punishable as an 17 aggravated misdemeanor or class “D” felony pursuant to section 18 717B.3, animal torture pursuant to section 717B.3A, animal 19 abandonment punishable as an aggravated misdemeanor or class 20 “D” felony pursuant to section 717B.3B, or animal endangerment 21 punishable as an aggravated misdemeanor or class “D” felony 22 pursuant to section 717B.3C. The period of such prohibition 23 shall be not less than ten years. 24 3. The duration of a prohibition described in this 25 section commences on the date that the person is placed on 26 probation, released on parole or work release, or released from 27 incarceration or from placement in a juvenile facility. 28 4. An order made pursuant to this section is in addition to 29 any other order or sentence of the court. 30 5. Any violation of the court order described in this 31 section is a public offense and shall be punished as a simple 32 misdemeanor. 33 Sec. 10. NEW SECTION . 717B.5A Rescue —— motor vehicles. 34 1. A law enforcement officer or animal control officer may 35 -10- LSB 2385SZ (4) 87 da/rj 10/ 15

S.F. 2181 rescue an animal from a stationary motor vehicle, including 1 through the use of forced entrance, if the law enforcement 2 officer or animal control officer reasonably believes that the 3 animal may be suffering distress due to exposure to extreme 4 interior temperature or a lack of adequate ventilation. The 5 law enforcement officer’s or animal control officer’s action 6 is justified regardless of whether the law enforcement officer 7 or animal control officer observed indications of distress 8 or whether the person could be charged with or convicted of 9 committing a public offense. 10 2. The law enforcement officer or animal control officer 11 shall provide written notice of the rescue to the animal’s 12 responsible party. This requirement is satisfied by placing 13 the notice in a conspicuous place located within the motor 14 vehicle. The notice must state where the rescued animal may 15 be claimed. 16 3. The local authority shall provide for the maintenance 17 of the rescued animal as if it were a threatened animal under 18 section 717B.5. However, a dispositional proceeding under 19 section 717B.4 is not required if within ten days after the 20 date of the animal’s rescue the responsible party claims the 21 animal from the local authority. In order to claim the animal, 22 the responsible party must reimburse the local authority for 23 all reasonable costs that accrued from rescuing and maintaining 24 the animal. 25 Sec. 11. REPEAL. Section 717B.8, Code 2018, is repealed. 26 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 27 3, shall not apply to this Act. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 GENERAL. This bill amends Code chapter 717B prohibiting 32 the mistreatment of certain animals, including dogs and cats, 33 but excluding other animals such as livestock (Code chapter 34 717); game, fur-bearing animals, fish, reptiles, or amphibians 35 -11- LSB 2385SZ (4) 87 da/rj 11/ 15

S.F. 2181 (Code chapter 481A), unless such animal is owned, confined, 1 or controlled by a person; or a nongame animal declared to be 2 a nuisance by the natural resource commission (Code section 3 481A.42). 4 The bill amends three different criminal offenses in Code 5 chapter 717B, including animal abuse (Code section 717B.2), 6 animal neglect (Code section 717B.3), and animal torture (Code 7 section 717B.3A). The bill creates two new criminal offenses 8 including animal abandonment (new Code section 717B.3B) and 9 animal endangerment (new Code section 717B.3C). Under the 10 bill, each of the offenses includes an enhanced penalty that 11 applies to a convicted person who has previously committed any 12 of the named offenses; committed injury or interference with a 13 police service dog (Code section 717B.9); committed bestiality 14 (Code section 717C.1); or committed an offense involving an 15 animal contest (Code section 717D.4). 16 TYPES OF CRIMINAL OFFENSES —— ABUSE. Animal abuse involves 17 intentionally injuring an animal by violence or poisoning. The 18 bill replaces the intent element with that of acting knowingly 19 or recklessly. It also removes a provision that exempted 20 a person who acted with the consent of the animal’s owner. 21 The bill reduces the penalty from an aggravated to a serious 22 misdemeanor for committing animal abuse that does not cause 23 an animal serious injury or death and retains the penalty of 24 aggravated misdemeanor for committing animal abuse that causes 25 an animal serious injury or death. The bill provides that the 26 aggravated misdemeanor may be enhanced to a class “D” felony 27 if the person was previously convicted of one of the named 28 offenses. 29 TYPES OF CRIMINAL OFFENSES —— NEGLECT. Animal neglect 30 involves failing to provide an animal with adequate food, 31 water, or shelter, or torturing the animal. The bill rewrites 32 these requirements by requiring that an animal be furnished 33 with adequate supplies of nutritional food, access to potable 34 water, adequate sanitary conditions, ventilated shelter 35 -12- LSB 2385SZ (4) 87 da/rj 12/ 15

S.F. 2181 sufficient to provide the animal with protection from extreme 1 weather conditions, and necessary veterinary care. The bill 2 eliminates the torture prohibition. The bill retains the 3 criminal penalty which is a simple misdemeanor. However, the 4 penalty is increased to a serious misdemeanor if the animal 5 suffers an injury and to an aggravated misdemeanor if the 6 animal suffers a serious injury or death. In a case where 7 the animal suffers a serious injury or death, the aggravated 8 misdemeanor may be enhanced to a class “D” felony if the person 9 was previously convicted of one of the named offenses. 10 TYPES OF CRIMINAL OFFENSES —— TORTURE. Animal torture 11 involves inflicting upon an animal severe physical pain with 12 depraved or sadistic intent to cause prolonged suffering or 13 death. The bill eliminates the element of intent and requires 14 that the act involve prolonged or repeated physical pain that 15 results in prolonged suffering and serious injury or death. 16 The bill replaces the current penalties for animal torture. A 17 person is no longer guilty of an aggravated misdemeanor for 18 the first offense and a class “D” felony for a subsequent 19 offense. Instead, a person is guilty of a class “D” felony, 20 which is enhanced to a class “C” felony if the person was 21 previously convicted of one of the named offenses. The bill 22 also eliminates a requirement that a person convicted of animal 23 torture must submit to psychological evaluation and treatment. 24 TYPES OF CRIMINAL OFFENSES —— ABANDONMENT. Animal 25 abandonment involves knowingly or recklessly relinquishing 26 custody of an animal at a location in which the person does 27 not hold a legal or equitable interest. There are exceptions 28 in cases of transferring ownership or custody or making 29 arrangements for the care of the animal. There is also an 30 exception for a person who removes a cat from a location 31 and returns the cat to the same location after it has been 32 sterilized. The criminal penalty is a simple misdemeanor. 33 However, the penalty is increased to a serious misdemeanor if 34 the animal suffers an injury and to an aggravated misdemeanor 35 -13- LSB 2385SZ (4) 87 da/rj 13/ 15

S.F. 2181 if the animal suffers a serious injury or death. In a case 1 where the animal suffers a serious injury or death, the 2 aggravated misdemeanor may be enhanced to a class “D” felony 3 if the person was previously convicted of one of the named 4 offenses. 5 TYPES OF CRIMINAL OFFENSES —— ENDANGERMENT. Animal 6 endangerment involves confining an animal in a stationary motor 7 vehicle in a manner that exposes the animal to a prolonged 8 period of extreme interior temperature or a long period 9 without adequate ventilation. The criminal penalty is a 10 simple misdemeanor. However, the penalty is increased to a 11 serious misdemeanor if the animal suffers an injury and to an 12 aggravated misdemeanor if the animal suffers a serious injury 13 or death. In a case where the animal suffers a serious injury 14 or death, the aggravated misdemeanor may be enhanced to a class 15 “D” felony if the person was previously convicted of one of the 16 named offenses. 17 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 18 as follows: (1) simple misdemeanor, confinement for no more 19 than 30 days or a fine of at least $65 but not more than $625 or 20 by both; (2) serious misdemeanor, confinement for no more than 21 one year and a fine of at least $315 but not more than $1,875; 22 (3) aggravated misdemeanor, confinement for no more than two 23 years and a fine of at least $625 but not more than $6,250; (4) 24 class “D” felony, confinement for no more than five years and a 25 fine of at least $750 but not more than $7,500; and (5) class 26 “C” felony, confinement for no more than 10 years and a fine of 27 at least $1,000 but not more than $10,000. 28 COURT ORDERS. At the time of conviction for committing 29 any of the offenses, a person may be subject to a court order 30 requiring a psychological or psychiatric evaluation and 31 treatment. The person may also be subject to a court order 32 prohibiting the person from owning, possessing, or living with 33 an animal. In each case, the court’s decision to issue an 34 order is discretionary except under certain conditions. A 35 -14- LSB 2385SZ (4) 87 da/rj 14/ 15

S.F. 2181 court order requiring an evaluation and treatment is mandatory 1 for juveniles. That order and the order prohibiting contact 2 with animals is also mandatory if the offense is punishable as 3 an aggravated misdemeanor or felony. For a discretionary court 4 order, the period of prohibition is for not less than three 5 years. For a mandatory court order, the period of prohibition 6 is not less than 10 years. 7 ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS —— AND 8 LOCAL ANIMAL CONTROL OFFICERS. The bill provides that a law 9 enforcement officer (e.g., county sheriff or deputy sheriff) 10 or an animal control officer (a person employed by local 11 government to enforce the animal control laws) is authorized to 12 rescue an animal from a motor vehicle based upon a reasonable 13 belief that the animal may be suffering distress. The officer 14 must provide a written notice of the rescue. After the rescue, 15 the animal must be maintained as a rescued animal by the local 16 authority until it is claimed or disposed of pursuant to court 17 order. 18 -15- LSB 2385SZ (4) 87 da/rj 15/ 15