Senate
File
421
-
Introduced
SENATE
FILE
421
BY
COMMITTEE
ON
JUDICIARY
(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
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Section
1.
Section
717B.1,
Code
2017,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
2A.
“Animal
warden”
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
2017,
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
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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
2017,
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
to
protect
the
person’s
31
property
from
damage
caused
by
an
unconfined
animal.
32
9.
h.
A
person
reasonably
acting
to
protect
a
person
from
33
injury
or
death
caused
by
an
unconfined
animal.
34
10.
i.
A
local
authority
reasonably
acting
to
destroy
an
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animal,
if
at
the
time
of
the
destruction,
the
owner
of
the
1
animal
is
absent
or
unable
to
care
for
the
animal,
and
the
2
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
2017,
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:
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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
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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
2017,
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.
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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
to
protect
the
person’s
9
property
from
damage
caused
by
an
unconfined
animal.
10
i.
A
person
reasonably
acting
to
protect
a
person
from
11
injury
or
death
caused
by
an
unconfined
animal.
12
j.
A
local
authority
reasonably
acting
to
destroy
an
animal,
13
if
at
the
time
of
the
destruction,
the
owner
of
the
animal
is
14
absent
or
unable
to
care
for
the
animal,
and
the
animal
is
15
permanently
distressed
by
disease
or
injury
to
a
degree
that
16
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
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421
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
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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
Sec.
7.
NEW
SECTION
.
717B.3C
Animal
endangerment
——
20
penalties.
21
1.
A
person
commits
animal
endangerment
when
the
person
22
confines
an
animal
in
a
stationary
motor
vehicle
in
a
manner
23
that
endangers
the
health
or
life
of
the
animal
by
exposing
the
24
animal
to
a
prolonged
period
of
extreme
interior
temperature
or
25
a
long
period
without
adequate
ventilation.
26
2.
A
person
who
commits
animal
endangerment
that
does
27
not
cause
injury
or
death
to
an
animal
is
guilty
of
a
simple
28
misdemeanor.
29
3.
A
person
who
commits
animal
endangerment
that
causes
30
injury
other
than
serious
injury
or
death
to
an
animal
is
31
guilty
of
a
serious
misdemeanor.
32
4.
A
person
who
commits
animal
endangerment
that
causes
33
serious
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
34
misdemeanor.
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5.
Notwithstanding
subsection
4,
a
person
who
commits
1
animal
endangerment
that
causes
serious
injury
to
an
animal
2
is
guilty
of
a
class
“D”
felony
if
the
person
has
previously
3
been
convicted
of
committing
animal
endangerment
pursuant
to
4
this
section,
animal
abuse
pursuant
to
section
717B.2,
animal
5
neglect
pursuant
to
section
717B.3,
animal
torture
pursuant
6
to
section
717B.3A,
animal
abandonment
pursuant
to
section
7
717B.3B,
injury
to
or
interference
with
a
police
service
dog
8
pursuant
to
section
717B.9,
bestiality
pursuant
to
section
9
717C.1,
or
an
act
involving
a
contest
event
prohibited
in
10
section
717D.2.
11
Sec.
8.
NEW
SECTION
.
717B.3D
Animal
mistreatment
——
court
12
order
——
evaluation
and
treatment.
13
1.
At
the
time
of
a
person’s
conviction
for
a
public
14
offense
committed
under
this
chapter,
a
court
may
enter
an
15
order
requiring
the
person
to
undergo
a
psychological
or
16
psychiatric
evaluation
and
to
undergo
any
treatment
that
the
17
court
determines
to
be
appropriate
after
due
consideration
of
18
the
evaluation.
However,
the
court
shall
enter
such
an
order
19
if
the
convicted
person
is
any
of
the
following:
20
a.
A
juvenile.
21
b.
An
adult
committing
animal
abuse
pursuant
to
section
22
717B.2,
animal
neglect
punishable
as
an
aggravated
misdemeanor
23
or
class
“D”
felony
pursuant
to
section
717B.3,
animal
torture
24
pursuant
to
section
717B.3A,
animal
abandonment
pursuant
to
25
section
717B.3B,
or
animal
endangerment
pursuant
to
section
26
717B.3C.
27
2.
The
costs
of
undergoing
a
psychological
or
psychiatric
28
evaluation
and
undergoing
any
treatment
ordered
by
the
court
29
shall
be
borne
by
the
convicted
person,
unless
the
person
is
30
a
juvenile.
31
3.
An
order
made
under
this
section
is
in
addition
to
any
32
other
order
or
sentence
of
the
court.
33
4.
Any
violation
of
the
court
order
shall
be
punished
as
34
contempt
of
court
pursuant
to
chapter
665.
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Sec.
9.
NEW
SECTION
.
717B.3E
Animal
mistreatment
——
1
sentencing
order
——
prohibitions.
2
1.
At
the
time
of
a
person’s
sentencing
for
a
public
offense
3
committed
under
this
chapter,
a
court
may
prohibit
the
person
4
from
owning
or
obtaining
custody
of
an
animal
or
residing
in
5
the
same
dwelling
where
an
animal
is
kept.
The
period
of
the
6
prohibition
shall
be
not
less
than
three
years.
7
2.
Notwithstanding
subsection
1,
the
court
shall
enter
such
8
an
order
if
the
convicted
person
has
committed
animal
abuse
9
pursuant
to
section
717B.2,
animal
neglect
punishable
as
an
10
aggravated
misdemeanor
or
class
“D”
felony
pursuant
to
section
11
717B.3,
animal
torture
pursuant
to
section
717B.3A,
animal
12
abandonment
pursuant
to
section
717B.3B,
or
animal
endangerment
13
pursuant
to
section
717B.3C.
The
period
of
such
prohibition
14
shall
be
not
less
than
ten
years.
15
3.
The
duration
of
a
prohibition
described
in
this
16
section
commences
on
the
date
that
the
person
is
placed
on
17
probation,
released
on
parole
or
work
release,
or
released
from
18
incarceration
or
from
placement
in
a
juvenile
facility.
19
4.
An
order
made
pursuant
to
this
section
is
in
addition
to
20
any
other
order
or
sentence
of
the
court.
21
5.
Any
violation
of
the
court
order
described
in
this
22
section
is
a
public
offense
and
shall
be
punished
as
a
simple
23
misdemeanor.
24
Sec.
10.
NEW
SECTION
.
717B.5A
Rescue
——
motor
vehicles.
25
1.
A
law
enforcement
officer
or
animal
warden
may
rescue
26
an
animal
from
a
stationary
motor
vehicle,
including
through
27
the
use
of
forced
entrance,
if
the
law
enforcement
officer
28
or
animal
warden
reasonably
believes
that
the
animal
may
29
be
suffering
distress
due
to
exposure
to
extreme
interior
30
temperature
or
a
lack
of
adequate
ventilation.
The
law
31
enforcement
officer’s
or
animal
warden’s
action
is
justified
32
regardless
of
whether
the
law
enforcement
officer
or
animal
33
warden
observed
indications
of
distress
or
whether
the
person
34
could
be
charged
with
or
convicted
of
committing
a
public
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offense.
1
2.
The
law
enforcement
officer
or
animal
warden
shall
2
provide
written
notice
of
the
rescue
to
the
animal’s
3
responsible
party.
This
requirement
is
satisfied
by
placing
4
the
notice
in
a
conspicuous
place
located
within
the
motor
5
vehicle.
The
notice
must
state
where
the
rescued
animal
may
6
be
claimed.
7
3.
The
local
authority
shall
provide
for
the
maintenance
8
of
the
rescued
animal
as
if
it
were
a
threatened
animal
under
9
section
717B.5.
However,
a
dispositional
proceeding
under
10
section
717B.4
is
not
required
if
within
ten
days
after
the
11
date
of
the
animal’s
rescue
the
responsible
party
claims
the
12
animal
from
the
local
authority.
In
order
to
claim
the
animal,
13
the
responsible
party
must
reimburse
the
local
authority
for
14
all
reasonable
costs
that
accrued
from
rescuing
and
maintaining
15
the
animal.
16
Sec.
11.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
17
3,
shall
not
apply
to
this
Act.
18
Sec.
12.
REPEAL.
Section
717B.8,
Code
2017,
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
The
bill
amends
three
different
criminal
offenses
in
Code
31
chapter
717B,
including
animal
abuse
(Code
section
717B.2),
32
animal
neglect
(Code
section
717B.3),
and
animal
torture
(Code
33
section
717B.3A).
The
bill
creates
two
new
criminal
offenses
34
including
animal
abandonment
(new
Code
section
717B.3B)
and
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animal
endangerment
(new
Code
section
717B.3C).
Under
the
1
bill,
each
of
the
offenses
includes
an
enhanced
penalty
that
2
applies
to
a
convicted
person
who
has
previously
committed
any
3
of
the
named
offenses;
committed
injury
or
interference
with
a
4
police
service
dog
(Code
section
717B.9);
committed
bestiality
5
(Code
section
717C.1);
or
committed
an
offense
involving
an
6
animal
contest
(Code
section
717D.4).
7
TYPES
OF
CRIMINAL
OFFENSES
——
ABUSE.
Animal
abuse
involves
8
intentionally
injuring
an
animal
by
violence
or
poisoning.
The
9
bill
replaces
the
intent
element
with
that
of
acting
knowingly
10
or
recklessly.
It
also
removes
a
provision
that
exempted
11
a
person
who
acted
with
the
consent
of
the
animal’s
owner.
12
The
bill
reduces
the
penalty
from
an
aggravated
to
a
serious
13
misdemeanor
for
committing
animal
abuse
that
does
not
cause
14
an
animal
serious
injury
or
death
and
retains
the
penalty
of
15
aggravated
misdemeanor
for
committing
animal
abuse
that
causes
16
an
animal
serious
injury
or
death.
The
bill
provides
that
the
17
aggravated
misdemeanor
may
be
enhanced
to
a
class
“D”
felony
18
if
the
person
was
previously
convicted
of
one
of
the
named
19
offenses.
20
TYPES
OF
CRIMINAL
OFFENSES
——
NEGLECT.
Animal
neglect
21
involves
failing
to
provide
an
animal
with
adequate
food,
22
water,
or
shelter,
or
torturing
the
animal.
The
bill
rewrites
23
these
requirements
by
requiring
that
an
animal
be
furnished
24
with
adequate
supplies
of
nutritional
food,
access
to
potable
25
water,
adequate
sanitary
conditions,
ventilated
shelter
26
sufficient
to
provide
the
animal
with
protection
from
extreme
27
weather
conditions,
and
necessary
veterinary
care.
The
bill
28
eliminates
the
torture
prohibition.
The
bill
retains
the
29
criminal
penalty
which
is
a
simple
misdemeanor.
However,
the
30
penalty
is
increased
to
a
serious
misdemeanor
if
the
animal
31
suffers
an
injury
and
to
an
aggravated
misdemeanor
if
the
32
animal
suffers
a
serious
injury
or
death.
In
a
case
where
33
the
animal
suffers
a
serious
injury
or
death,
the
aggravated
34
misdemeanor
may
be
enhanced
to
a
class
“D”
felony
if
the
person
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was
previously
convicted
of
one
of
the
named
offenses.
1
TYPES
OF
CRIMINAL
OFFENSES
——
TORTURE.
Animal
torture
2
involves
inflicting
upon
an
animal
severe
physical
pain
with
3
depraved
or
sadistic
intent
to
cause
prolonged
suffering
or
4
death.
The
bill
eliminates
the
element
of
intent
and
requires
5
that
the
act
involve
prolonged
or
repeated
physical
pain
that
6
results
in
prolonged
suffering
and
serious
injury
or
death.
7
The
bill
replaces
the
current
penalties
for
animal
torture.
A
8
person
is
no
longer
guilty
of
an
aggravated
misdemeanor
for
9
the
first
offense
and
a
class
“D”
felony
for
a
subsequent
10
offense.
Instead,
a
person
is
guilty
of
a
class
“D”
felony,
11
which
is
enhanced
to
a
class
“C”
felony
if
the
person
was
12
previously
convicted
of
one
of
the
named
offenses.
The
bill
13
also
eliminates
a
requirement
that
a
person
convicted
of
animal
14
torture
must
submit
to
psychological
evaluation
and
treatment.
15
TYPES
OF
CRIMINAL
OFFENSES
——
ABANDONMENT.
Animal
16
abandonment
involves
knowingly
or
recklessly
relinquishing
17
custody
of
an
animal
at
a
location
in
which
the
person
does
18
not
hold
a
legal
or
equitable
interest.
There
are
exceptions
19
in
cases
of
transferring
ownership
or
custody
or
making
20
arrangements
for
the
care
of
the
animal.
The
criminal
penalty
21
is
a
simple
misdemeanor.
However,
the
penalty
is
increased
to
22
a
serious
misdemeanor
if
the
animal
suffers
an
injury
and
to
an
23
aggravated
misdemeanor
if
the
animal
suffers
a
serious
injury
24
or
death.
In
a
case
where
the
animal
suffers
a
serious
injury
25
or
death,
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
26
“D”
felony
if
the
person
was
previously
convicted
of
one
of
the
27
named
offenses.
28
TYPES
OF
CRIMINAL
OFFENSES
——
ENDANGERMENT.
Animal
29
endangerment
involves
confining
an
animal
in
a
stationary
motor
30
vehicle
in
a
manner
that
exposes
the
animal
to
a
prolonged
31
period
of
extreme
interior
temperature
or
a
long
period
32
without
adequate
ventilation.
The
criminal
penalty
is
a
33
simple
misdemeanor.
However,
the
penalty
is
increased
to
a
34
serious
misdemeanor
if
the
animal
suffers
an
injury
and
to
an
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aggravated
misdemeanor
if
the
animal
suffers
a
serious
injury
1
or
death.
In
a
case
where
the
animal
suffers
a
serious
injury
2
or
death,
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
3
“D”
felony
if
the
person
was
previously
convicted
of
one
of
the
4
named
offenses.
5
APPLICABLE
CRIMINAL
PENALTIES.
The
criminal
penalties
are
6
as
follows:
(1)
simple
misdemeanor,
confinement
for
no
more
7
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
8
by
both;
(2)
serious
misdemeanor,
confinement
for
no
more
than
9
one
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875;
10
(3)
aggravated
misdemeanor,
confinement
for
no
more
than
two
11
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
(4)
12
class
“D”
felony,
confinement
for
no
more
than
five
years
and
a
13
fine
of
at
least
$750
but
not
more
than
$7,500;
and
(5)
class
14
“C”
felony,
confinement
for
no
more
than
10
years
and
a
fine
of
15
at
least
$1,000
but
not
more
than
$10,000.
16
COURT
ORDERS.
At
the
time
of
conviction
for
committing
17
any
of
the
offenses,
a
person
may
be
subject
to
a
court
order
18
requiring
a
psychological
or
psychiatric
evaluation
and
19
treatment.
The
person
may
also
be
subject
to
a
court
order
20
prohibiting
the
person
from
owning,
possessing,
or
living
with
21
an
animal.
In
each
case,
the
court’s
decision
to
issue
an
22
order
is
discretionary
except
under
certain
conditions.
A
23
court
order
requiring
an
evaluation
and
treatment
is
mandatory
24
for
juveniles.
That
order
and
the
order
prohibiting
contact
25
with
animals
is
also
mandatory
if
the
offense
is
punishable
as
26
an
aggravated
misdemeanor
or
felony.
For
a
discretionary
court
27
order,
the
period
of
prohibition
is
for
not
less
than
three
28
years.
For
a
mandatory
court
order,
the
period
of
prohibition
29
is
not
less
than
10
years.
30
ANIMAL
RESCUE
——
LOCAL
LAW
ENFORCEMENT
OFFICERS
——
AND
LOCAL
31
ANIMAL
WARDENS.
The
bill
provides
that
a
law
enforcement
32
officer
(e.g.,
county
sheriff
or
deputy
sheriff)
or
an
animal
33
warden
(a
person
employed
by
local
government
to
enforce
the
34
animal
control
laws)
is
authorized
to
rescue
an
animal
from
a
35
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motor
vehicle
based
upon
a
reasonable
belief
that
the
animal
1
may
be
suffering
distress.
The
officer
or
warden
must
provide
2
a
written
notice
of
the
rescue.
After
the
rescue,
the
animal
3
must
be
maintained
as
a
rescued
animal
by
the
local
authority
4
until
it
is
claimed
or
disposed
of
pursuant
to
court
order.
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