HSB 114 (LSB 2126YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the treatment of animals other than livestock and certain wild animals, providing for criminal offenses and court orders associated with animal mistreatment, and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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