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:
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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
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_____
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
.
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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
.
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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:
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(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
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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
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_____
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
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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
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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
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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
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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).
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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
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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
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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
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