House Study Bill 114 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the treatment of animals other than 1 livestock and certain wild animals, providing for 2 criminal offenses and court orders associated with animal 3 mistreatment, and including penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2126YC (2) 88 da/rh
H.F. _____ Section 1. Section 717B.1, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 2A. “Animal mistreatment” means an act 3 described as animal abuse as provided in section 717B.2, 4 animal neglect as provided in section 717B.3, animal torture 5 as provided in section 717B.3A, abandonment of a cat or dog as 6 provided in section 717B.8, or injury to or interference with a 7 police service dog as provided in section 717B.9. 8 NEW SUBSECTION . 3A. a. “Convicted” means the entry of 9 a judgment of conviction under chapter 901 or adjudicated 10 delinquent for an act which is an indictable offense in this 11 state or in another state under chapter 232. 12 b. “Convicted” does not mean a plea, sentence, adjudication, 13 deferred sentence, or deferred judgment which has been reversed 14 or otherwise set aside. 15 NEW SUBSECTION . 3B. “Department” means the department of 16 agriculture and land stewardship. 17 NEW SUBSECTION . 4A. “Euthanasia” means the same as defined 18 in section 162.2. 19 NEW SUBSECTION . 4B. “Injury” means an animal’s 20 disfigurement; the impairment of an animal’s health; or an 21 impairment to the functioning of an animal’s limb or organ, 22 including physical damage or harm to an animal’s muscle, 23 tissue, organs, bones, hide, or skin. 24 NEW SUBSECTION . 8A. “Serious injury” means an injury that 25 constitutes an animal’s protracted or permanent disfigurement, 26 the protracted or permanent impairment of an animal’s health, 27 the protracted or permanent impairment of the functioning of 28 an animal’s limb or organ, or the loss of an animal’s limb or 29 organ. 30 Sec. 2. Section 717B.2, Code 2019, is amended to read as 31 follows: 32 717B.2 Animal mistreatment —— animal abuse —— penalties . 33 1. A person is guilty of animal abuse if the person 34 intentionally injures, maims, disfigures, or destroys an animal 35 -1- LSB 2126YC (2) 88 da/rh 1/ 14
H.F. _____ owned by another person, in any manner, including intentionally 1 poisoning the animal commits animal abuse when the person 2 intentionally, knowingly, or recklessly acts to inflict injury, 3 serious injury, or death on an animal by force, violence, or 4 poisoning . A person guilty of animal abuse is guilty of an 5 aggravated misdemeanor. 6 2. This section shall not apply to conduct engaged in by any 7 of the following: 8 1. A person acting with the consent of the person owning 9 the animal, unless the action constitutes animal neglect as 10 provided in section 717B.3 . 11 a. An owner of the animal, or a person acting with the 12 consent of the owner, who euthanizes an animal in a reasonable 13 manner, if at the time of the euthanasia, the animal is in a 14 state of permanent pain or suffering. 15 b. An owner of the animal, or a person acting with the 16 consent of the owner, who euthanizes a rabbit in a reasonable 17 manner for purposes of preparing the rabbit for human 18 consumption. 19 c. A commercial breeder as defined in section 162.2 who 20 tail docks a dog or removes the dewclaw of a dog, if all of the 21 following apply: 22 (1) The commercial breeder has been issued a valid 23 authorization by the department under chapter 162. 24 (2) The dog is five days or younger in age. 25 2. d. A person acting to carry out an order issued by a 26 court. 27 3. e. A licensed veterinarian practicing veterinary 28 medicine as provided in chapter 169 . 29 4. f. A person acting in order to carry out another 30 provision of law which allows the conduct. 31 5. g. A person taking, hunting, trapping, or fishing for a 32 wild animal as provided in chapter 481A . 33 6. h. A person acting to protect the person’s property from 34 a wild animal as defined in section 481A.1 . 35 -2- LSB 2126YC (2) 88 da/rh 2/ 14
H.F. _____ 7. i. A person acting to protect a person from injury or 1 death caused by a wild animal as defined in section 481A.1 . 2 8. j. A person reasonably acting to protect the person’s 3 property from damage caused by an unconfined animal. 4 9. k. A person reasonably acting to protect a person from 5 injury or death caused by an unconfined animal. 6 10. l. A local authority reasonably acting to destroy an 7 animal, if at the time of the destruction, the owner of the 8 animal is absent or unable to care for the animal, and the 9 animal is permanently distressed by disease or injury to a 10 degree that would result in severe and prolonged suffering. 11 11. m. A research facility, as defined in section 162.2 , 12 provided that if the research facility has been issued a valid 13 authorization by the department pursuant to chapter 162, and 14 performs functions within the scope of accepted practices and 15 disciplines associated with the research facility. 16 3. A person who commits animal abuse that causes injury, 17 other than serious injury or death, to an animal is guilty of 18 a serious misdemeanor. 19 4. A person who commits animal abuse that causes serious 20 injury or death to an animal is guilty of an aggravated 21 misdemeanor. 22 5. Notwithstanding subsection 4, a person who commits 23 animal abuse that causes serious injury or death to an animal 24 is guilty of a class “D” felony if the person has previously 25 been convicted of committing animal abuse pursuant to this 26 section, animal neglect punishable as a serious misdemeanor 27 or aggravated misdemeanor pursuant to section 717B.3, animal 28 torture pursuant to section 717B.3A, injury to or interference 29 with a police service dog pursuant to section 717B.9, 30 bestiality pursuant to section 717C.1, or an act involving a 31 contest event prohibited in section 717D.2. 32 Sec. 3. Section 717B.3, Code 2019, is amended to read as 33 follows: 34 717B.3 Animal mistreatment —— animal neglect —— penalties . 35 -3- LSB 2126YC (2) 88 da/rh 3/ 14
H.F. _____ 1. A person who impounds or commits animal neglect when 1 the person owns or has custody of an animal, confines , in any 2 place, an that animal , is guilty of animal neglect if the 3 person does any of the following: 4 a. Fails and intentionally, knowingly, or recklessly fails 5 to supply the animal during confinement with a sufficient 6 quantity of food or water. provide the animal with any of the 7 following conditions for the animal’s welfare: 8 a. Access to food in an amount and quality reasonably 9 sufficient to satisfy the animal’s basic nutrition level to the 10 extent that the animal’s health or life is endangered. 11 b. Fails to provide a confined dog or cat with adequate 12 shelter Access to a supply of potable water in an amount 13 reasonably sufficient to satisfy the animal’s basic hydration 14 level to the extent that the animal’s health or life is 15 endangered . Access to snow or ice does not satisfy this 16 requirement. 17 c. Tortures, deprives of necessary sustenance, mutilates, 18 beats, or kills an animal by any means which causes unjustified 19 pain, distress, or suffering Sanitary conditions free from 20 excessive animal waste or the overcrowding of animals to the 21 extent that the animal’s health or life is endangered . 22 d. Ventilated shelter reasonably sufficient to provide 23 adequate protection from the elements and weather conditions 24 suitable for the age, species, and physical condition of the 25 animal so as to maintain the animal in a state of good health 26 to the extent that the animal’s health or life is endangered. 27 The shelter must protect the animal from wind, rain, snow, or 28 sun and have adequate bedding to provide reasonable protection 29 against cold and dampness. A shelter may include a residence, 30 garage, barn, shed, or doghouse. 31 e. Grooming, to the extent it is reasonably necessary to 32 prevent adverse health effects or suffering. 33 f. (1) Veterinary care deemed reasonably necessary to 34 relieve an animal’s distress from any of the following: 35 -4- LSB 2126YC (2) 88 da/rh 4/ 14
H.F. _____ (a) A condition caused by failing to provide for the 1 animal’s welfare as described in paragraphs “a” through “e” . 2 (b) An injury or serious illness suffered by the animal 3 causing the animal prolonged pain and suffering. 4 (2) This paragraph “f” does not apply to any of the 5 following: 6 (a) An animal for which the cost of such veterinary care is 7 not reasonably affordable by the animal’s owner, so long as the 8 animal’s owner makes appropriate and reasonable arrangements 9 to transfer ownership and possession of the animal to a person 10 who agrees to provide such care. 11 (b) The animal’s owner provides for the euthanasia of the 12 animal, and all of the following apply: 13 (i) The animal suffers from an illness or injury. 14 (ii) There is no reasonable probability that reasonable 15 veterinary care could alleviate the animal’s illness or injury. 16 2. This section does not apply to conduct engaged in by 17 a research facility, as defined in section 162.2 , provided 18 that if the research facility has been issued a valid 19 authorization by the department pursuant to chapter 162, and 20 performs functions within the scope of accepted practices and 21 disciplines associated with the research facility. 22 3. A person who negligently or intentionally commits 23 the offense of animal neglect that does not cause injury, 24 serious injury, or death to an animal is guilty of a simple 25 misdemeanor. A person who intentionally commits the offense of 26 animal neglect which results in serious injury to or the death 27 of an animal is guilty of a serious misdemeanor. 28 4. A person who commits animal neglect that causes injury, 29 other than serious injury or death, to an animal is guilty of 30 a serious misdemeanor. 31 5. A person who commits animal neglect that causes serious 32 injury or death to an animal is guilty of an aggravated 33 misdemeanor. 34 6. Notwithstanding subsection 5, a person who commits 35 -5- LSB 2126YC (2) 88 da/rh 5/ 14
H.F. _____ animal neglect that causes serious injury or death to an 1 animal is guilty of a class “D” felony if the person has been 2 previously convicted of animal abuse pursuant to section 3 717B.2, animal neglect punishable as a serious misdemeanor or 4 aggravated misdemeanor pursuant to this section, animal torture 5 pursuant to section 717B.3A, injury to or interference with 6 a police service dog pursuant to section 717B.9, bestiality 7 pursuant to section 717C.1, or an act involving a contest event 8 prohibited in section 717D.2. 9 Sec. 4. Section 717B.3A, Code 2019, is amended to read as 10 follows: 11 717B.3A Animal mistreatment —— animal torture —— penalties . 12 1. A person is guilty of animal torture , regardless of 13 whether the person is the owner of the animal, if the person 14 intentionally or knowingly inflicts upon the on an animal 15 severe and prolonged or repeated physical pain with a depraved 16 or sadistic intent to cause prolonged suffering that causes the 17 animal’s serious injury or death. 18 2. This section shall not apply to conduct engaged in by any 19 of the following: 20 a. A person acting to carry out an order issued by a court. 21 b. A licensed veterinarian practicing veterinary medicine as 22 provided in chapter 169 . 23 c. A person carrying out a practice that is consistent with 24 animal husbandry practices. 25 d. c. A person acting in order to carry out another 26 provision of law which allows the conduct. 27 e. d. A person taking, hunting, trapping, or fishing for a 28 wild animal as provided in chapter 481A . 29 f. e. A person acting to protect the person’s property from 30 a wild animal as defined in section 481A.1 . 31 g. f. A person acting to protect a person from injury 32 bodily harm or death caused by a wild animal as defined in 33 section 481A.1 . 34 h. g. A person reasonably acting reasonably to protect the 35 -6- LSB 2126YC (2) 88 da/rh 6/ 14
H.F. _____ person’s property from damage caused by an unconfined animal. 1 i. h. A person reasonably acting reasonably to protect a 2 person from injury bodily harm or death caused by an unconfined 3 animal. 4 j. i. A local authority reasonably acting reasonably to 5 destroy euthanize an animal, if at the time of the destruction 6 euthanasia , the owner of the animal is absent or unable to care 7 for the animal, and the animal is permanently distressed by 8 disease or injury to a degree that would result in severe and 9 prolonged suffering. 10 k. j. A research facility, as defined in section 162.2 , 11 provided that if the research facility has been issued a valid 12 authorization by the department pursuant to chapter 162, and 13 the research facility performs functions within the scope of 14 accepted practices and disciplines associated with the research 15 facility. 16 3. a. The following shall apply to a person who commits 17 animal torture: 18 (1) For the first conviction, the person is guilty of an 19 aggravated misdemeanor. The sentencing order shall provide 20 that the person submit to psychological evaluation and 21 treatment according to terms required by the court. The costs 22 of the evaluation and treatment shall be paid by the person. 23 In addition, the sentencing order shall provide that the person 24 complete a community work requirement, which may include a work 25 requirement performed at an animal shelter or pound, as defined 26 in section 162.2 , according to terms required by the court. 27 (2) For a second or subsequent conviction, the person is 28 guilty of a class “D” felony. The sentencing order shall 29 provide that the person submit to psychological evaluation and 30 treatment according to terms required by the court. The costs 31 of the psychological evaluation and treatment shall be paid by 32 the person. 33 b. The juvenile court shall have exclusive original 34 jurisdiction in a proceeding concerning a child who is alleged 35 -7- LSB 2126YC (2) 88 da/rh 7/ 14
H.F. _____ to have committed animal torture, in the manner provided in 1 section 232.8 . The juvenile court shall not waive jurisdiction 2 in a proceeding concerning such an offense alleged to have been 3 committed by a child under the age of seventeen. 4 4. A person who commits animal torture is guilty of a class 5 “D” felony. 6 5. Notwithstanding subsection 4, a person who commits 7 animal torture is guilty of a class “C” felony if the person 8 has previously been convicted of committing animal abuse 9 pursuant to section 717B.2, animal neglect punishable as a 10 serious misdemeanor or aggravated misdemeanor pursuant to 11 section 717B.3, animal torture pursuant to this section, injury 12 to or interference with a police service dog pursuant to 13 section 717B.9, bestiality pursuant to section 717C.1, or an 14 act involving a contest event prohibited in section 717D.2. 15 Sec. 5. NEW SECTION . 717B.3B Animal mistreatment —— court 16 order —— evaluation and treatment. 17 1. At the time of a person’s conviction for committing a 18 public offense constituting animal mistreatment, a court may 19 enter an order requiring the person to undergo a psychological 20 or psychiatric evaluation and to undergo any treatment that the 21 court determines to be appropriate after due consideration of 22 the evaluation. 23 2. Notwithstanding subsection 1, the court shall enter an 24 order described in that subsection, if the convicted person is 25 any of the following: 26 a. A juvenile. 27 b. An adult convicted of animal abuse punishable as an 28 aggravated misdemeanor or class “D” felony pursuant to section 29 717B.2, animal neglect punishable as an aggravated misdemeanor 30 or class “D” felony pursuant to section 717B.3, or animal 31 torture pursuant to section 717B.3A. 32 3. The costs of undergoing a psychological or psychiatric 33 evaluation and undergoing any treatment ordered by the court 34 shall be borne by the convicted person, unless the person is 35 -8- LSB 2126YC (2) 88 da/rh 8/ 14
H.F. _____ a juvenile. 1 4. An order made under this section is in addition to any 2 other order or sentence of the court. 3 5. Any violation of the court order shall be punished as 4 contempt of court pursuant to chapter 665. 5 Sec. 6. NEW SECTION . 717B.3C Animal mistreatment —— 6 sentencing order —— prohibitions. 7 1. At the time of a person’s sentencing for committing 8 a public offense constituting animal mistreatment, a court 9 shall prohibit the person from owning or obtaining custody of 10 an animal or residing in the same dwelling where an animal is 11 kept. 12 a. The period of the prohibition shall be not less than one 13 year. 14 b. Notwithstanding paragraph “a” , the period of the 15 prohibition shall be not less than five years, if the convicted 16 person has committed animal abuse punishable as an aggravated 17 misdemeanor or class “D” felony pursuant to section 717B.2, 18 animal neglect punishable as an aggravated misdemeanor or 19 class “D” felony pursuant to section 717B.3, or animal torture 20 pursuant to section 717B.3A. 21 2. The duration of a prohibition described in this 22 section commences on the date that the person is placed on 23 probation, released on parole or work release, or released from 24 incarceration or from placement in a juvenile facility. 25 3. An order made pursuant to this section is in addition to 26 any other order or sentence of the court. 27 4. Any violation of the court order described in this 28 section is a public offense and shall be punished as a simple 29 misdemeanor. 30 Sec. 7. Section 717B.8, Code 2019, is amended to read as 31 follows: 32 717B.8 Abandonment of cats and dogs —— penalties. 33 1. A person who has ownership or custody of a cat or dog 34 shall not abandon the cat or dog , except the person may deliver 35 -9- LSB 2126YC (2) 88 da/rh 9/ 14
H.F. _____ the . 1 2. This section does not apply to any of the following: 2 a. The delivery of a cat or dog to another person who will 3 accept ownership and custody or the person may deliver of the 4 cat or dog. 5 b. The delivery of a cat or dog to an animal shelter or 6 pound as defined in section 162.2 that has been issued a valid 7 authorization by the department under chapter 162 . 8 c. A person who relinquishes custody of a cat at a location 9 in which the person does not hold a legal or equitable 10 interest, if previously the person had taken custody of the cat 11 at the same location and provided for the cat’s sterilization 12 by a licensed veterinarian practicing veterinary medicine 13 pursuant to chapter 169. 14 3. A person who violates this section is guilty of a simple 15 misdemeanor. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 GENERAL. This bill amends Code chapter 717B prohibiting the 20 mistreatment of certain animals, including dogs and cats, but 21 excluding other animals from its provisions such as livestock 22 (Code chapter 717); game, fur-bearing animals, fish, reptiles, 23 or amphibians (Code chapter 481A), unless such animal is owned, 24 confined, or controlled by a person; or a nongame animal 25 declared to be a nuisance by the natural resource commission 26 (Code sections 481A.42 and 717B.1). 27 PRIMARY AND OTHER OFFENSES UNDER CODE CHAPTER 717B (ANIMAL 28 MISTREATMENT) —— NON-CODE CHAPTER 717B OFFENSES. The bill 29 amends three primary offenses which are part of Code chapter 30 717B. These include animal abuse (Code section 717B.2), animal 31 neglect (Code section 717B.3), and animal torture (Code section 32 717B.3A). It also refers to two other offenses provided in 33 the Code chapter which include the abandonment of a cat or 34 dog (Code section 717B.8) and injury or interference with 35 -10- LSB 2126YC (2) 88 da/rh 10/ 14
H.F. _____ a police service dog (Code section 717B.9). All of these 1 offenses, which the bill classifies as “animal mistreatment”, 2 are currently subject to a series of penalties ranging from a 3 simple misdemeanor to a class “D” felony. Finally, the bill 4 refers to two other types of offenses not part of Code chapter 5 717B and which each define “animal” broadly to include any 6 nonhuman vertebrate. These include the offense of bestiality 7 (Code section 717C.1) and a number of closely related offenses 8 that involve animals participating in certain contest events 9 such as fighting that may result in an animal’s injury or death 10 (Code section 717D.2). 11 PRIMARY OFFENSES —— DISTINCTION BETWEEN INJURY AND SERIOUS 12 INJURY. The bill retains and expands a distinction between an 13 infliction of an injury and serious injury or death currently 14 applicable to animal neglect. The bill defines an injury 15 to include an animal’s disfigurement, the impairment of an 16 animal’s health, or an impairment to the functioning of an 17 animal’s limb or organ. It defines a serious injury as an 18 animal’s protracted or permanent disfigurement, the protracted 19 or permanent impairment of an animal’s health, the protracted 20 or permanent impairment of the functioning of an animal’s limb 21 or organ, or the loss of an animal’s limb or organ (amended 22 Code section 717B.1). 23 PRIMARY OFFENSES —— ORDINARY AND ENHANCED CRIMINAL 24 PENALTIES. Under Code chapter 717B, criminal penalties for 25 committing a primary offense range from a simple misdemeanor 26 to a class “D” felony. The bill increases those penalties 27 with the highest penalty raised to a class “C” felony. Under 28 the bill, a person convicted of a primary offense and who 29 has previously been convicted of committing a form of animal 30 mistreatment, or other described non-Code chapter 717B 31 offense (not subject to a simple misdemeanor), is subject to 32 an enhanced penalty which equals a one-step increase from 33 the penalty ordinarily applicable (e.g., from an aggravated 34 misdemeanor to a class “D” felony). 35 -11- LSB 2126YC (2) 88 da/rh 11/ 14
H.F. _____ A simple misdemeanor is punishable by confinement for no 1 more than 30 days or a fine of at least $65 but not more than 2 $625 or by both. A serious misdemeanor is punishable by 3 confinement for no more than one year and a fine of at least 4 $315 but not more than $1,875. An aggravated misdemeanor is 5 punishable by confinement for no more than two years and a fine 6 of at least $625 but not more than $6,250. A class “D” felony 7 is punishable by confinement for no more than five years and 8 a fine of at least $750 but not more than $7,500. A class “C” 9 felony is punishable by confinement for no more than 10 years 10 and a fine of at least $1,000 but not more than $10,000. 11 PRIMARY OFFENSES —— ANIMAL ABUSE. Under current law, 12 a person commits animal abuse by intentionally inflicting 13 an injury upon an animal. The bill provides that a person 14 commits the offense by intentionally, knowingly, or recklessly 15 inflicting the injury. The bill amends an exception that 16 currently applies to a person who is the owner or acting 17 with the owner’s consent. Under the bill, this exception 18 would only be available if the animal is euthanized and is 19 either (1) in a state of permanent pain or suffering or (2) a 20 rabbit being prepared for consumption. A new exception also 21 allows practices associated with altering a dog’s appearance, 22 including tail docking or removing the dewclaw of a dog, if 23 the procedure is performed by a commercial breeder licensed 24 by the department of agriculture and land stewardship (Code 25 chapter 162). The bill reduces the penalty from an aggravated 26 to a serious misdemeanor for committing an offense that causes 27 an animal injury but does not cause an animal serious injury 28 or death. It retains the penalty of aggravated misdemeanor 29 if the animal suffers serious injury or death. In that case, 30 the offense is subject to an enhanced penalty as a class “D” 31 felony. 32 PRIMARY OFFENSES —— ANIMAL NEGLECT. Under current law, a 33 person commits animal neglect by (1) impounding or confining an 34 animal and (2) failing to supply the animal with an adequate 35 -12- LSB 2126YC (2) 88 da/rh 12/ 14
H.F. _____ supply of food or water, or failing to provide the animal 1 with adequate shelter. The bill provides that the offense is 2 committed by a person who (1) owns or has custody of an animal, 3 (2) confines that animal, and (3) intentionally, knowingly, or 4 recklessly fails to provide the animal with conditions for the 5 animal’s welfare. These include access to nutritional food, 6 potable water, adequate sanitary conditions, ventilated shelter 7 from the weather, grooming, and veterinary care if required 8 to relieve the animal from distress. The bill eliminates a 9 provision that includes inflicting upon an animal unjustified 10 pain, including torture. It retains the ordinary criminal 11 penalty which is a simple misdemeanor but provides that the 12 offense does not involve an injury or death. For an offense 13 that causes an animal to suffer an injury, other than serious 14 injury or death, the new penalty is a serious misdemeanor. For 15 an offense that causes an animal to suffer a serious injury or 16 death, the new penalty is an aggravated misdemeanor which may 17 be enhanced to a class “D” felony. 18 PRIMARY OFFENSES —— ANIMAL TORTURE. Under current law, a 19 person commits animal torture by (1) acting with a depraved 20 or sadistic intent to (2) inflict severe and prolonged pain 21 or suffering, or death upon an animal. The bill provides 22 that a person commits the offense by (1) intentionally or 23 knowingly (but not recklessly) inflicting severe and prolonged 24 or repeated physical pain upon an animal, and (2) causes the 25 animal’s serious injury or death. The bill increases the 26 criminal penalty to a class “D” felony which may be enhanced 27 to a class “C” felony. 28 ANIMAL MISTREATMENT —— COURT-ORDERED EVALUATION AND 29 TREATMENT. The bill eliminates a requirement that a court may 30 order psychological evaluation and treatment for a person’s 31 first conviction of animal torture and must enter such order 32 for the person’s subsequent conviction. Instead, the bill 33 provides that the court may order psychological or psychiatric 34 evaluation and treatment for any conviction of an animal 35 -13- LSB 2126YC (2) 88 da/rh 13/ 14
H.F. _____ mistreatment offense and must enter the order if the sentenced 1 person is a juvenile or the offense is punishable as an 2 aggravated misdemeanor, class “D” felony, or class “C” felony 3 (which would include any offense in which a person inflicts a 4 serious injury or death on an animal). 5 ANIMAL MISTREATMENT —— COURT-ORDERED PROHIBITIONS. Under 6 the bill, a person committing an animal mistreatment offense 7 is also subject to a court order prohibiting the person from 8 owning or obtaining custody of an animal or residing in the 9 same dwelling where an animal is kept. The prohibition is 10 for not less than one year. However, if the person is guilty 11 of an offense punishable as an aggravated misdemeanor, class 12 “D” felony, or class “C” felony (including being subject to an 13 enhanced penalty), the period is for not less than five years. 14 A violation of the court order is punishable as a simple 15 misdemeanor. 16 ANIMAL MISTREATMENT —— ABANDONMENT OF CATS AND DOGS —— 17 EXCEPTION. Under current law, a person who owns or has custody 18 of a cat or dog is prohibited from abandoning that animal 19 and is subject to a simple misdemeanor. The bill creates 20 an exception that allows a person to return the cat to the 21 same location as it was taken, if the returned cat has been 22 sterilized by a licensed veterinarian (Code chapter 169). 23 -14- LSB 2126YC (2) 88 da/rh 14/ 14