S.F. 2239 Section 1. NEW SECTION . 162.21 Investigations and 1 disciplinary actions —— false allegations. 2 1. The department shall not conduct an investigation or 3 bring an administrative action for a violation of section 4 162.10A based on a false allegation against a commercial 5 establishment issued or renewed an authorization. An 6 allegation is conclusively presumed to be false if it is based 7 on any of the following: 8 a. Evidence obtained by a person who enters onto the 9 property of a commercial establishment due to any of the 10 following: 11 (1) Trespass as defined in section 716.7. 12 (2) Deception as described in section 702.9, subsection 1 13 or 2. 14 b. A statement that is hearsay or any statement other than 15 direct observation by a credible witness. 16 2. In order for the department to conduct an inspection 17 based on a complaint alleging a violation of section 162.10A, 18 all of the following must apply: 19 a. The complainant must file a written statement with the 20 department. The written statement shall be in the form of an 21 affidavit as provided by the department. The written statement 22 shall comply with all of the following: 23 (1) It must be signed and dated by the complainant and the 24 department employee taking the complaint, and notarized as 25 provided in chapter 9B. 26 (2) It must state the name of the commercial establishment 27 alleged to have committed the violation, the name of the 28 owner of the animal, the location where the alleged violation 29 occurred, a description of the alleged violation, and the name 30 and contact information of any other witness to the alleged 31 violation. 32 b. Notwithstanding section 22.7, the department delivers 33 a copy of the statement described in paragraph “a” to the 34 commercial establishment subject to administrative action. The 35 -1- LSB 5712XS (6) 88 da/ns 1/ 8

S.F. 2239 statement shall be sent by certified mail within twenty-four 1 hours after the department receives the complaint. The 2 statement shall not contain redactions. 3 3. A commercial establishment subject to administrative 4 action under this chapter shall have a cause of action against 5 the person making the complaint if the commercial establishment 6 subject to administrative action is not found to be in 7 violation of section 162.10A, or a court reverses the finding 8 of such violation. The commercial establishment subject to 9 administrative action shall be awarded damages for any economic 10 loss, as determined by a court, resulting from the complaint. 11 4. The commercial establishment subject to administrative 12 action shall have a cause of action based on the making of 13 a false affidavit, slander, libel, or harassment against 14 any person making a false allegation against the commercial 15 establishment subject to administrative action if a violation 16 is not found or a violation is found but the decision is 17 reversed. 18 5. A person is guilty of false allegation if the person 19 makes a complaint that is the basis for an administrative 20 action against a commercial establishment issued or renewed an 21 authorization under this chapter, and a violation of section 22 162.10A is not found or a violation is found but the decision 23 is reversed. A person guilty of false allegation shall be 24 subject to one of the following: 25 a. Except as otherwise provided in this subsection, a fine 26 of not more than one hundred dollars. 27 b. For a second offense committed within two years of a 28 prior conviction for the same offense, a simple misdemeanor. 29 The sentencing order shall also require that the person perform 30 not less than fifty hours and not more than one hundred hours 31 of community service. 32 c. For a third or subsequent offense committed within two 33 years of a prior conviction for the same offense, a serious 34 misdemeanor. The sentencing order shall also require that the 35 -2- LSB 5712XS (6) 88 da/ns 2/ 8

S.F. 2239 person perform not less than one hundred hours and not more 1 than one hundred fifty hours of community service. 2 Sec. 2. NEW SECTION . 717.7 Investigations and prosecutions 3 —— false allegations. 4 1. As used in this section, unless the context otherwise 5 requires: 6 a. “Local law enforcement office” means a city police force 7 or county sheriff’s office. 8 b. “Offense ” means livestock abuse as provided in section 9 717.1A or livestock neglect as provided in section 717.2. 10 2. A duly sworn law enforcement officer shall not conduct an 11 investigation of the commission of an offense based on a false 12 allegation. An allegation is conclusively presumed to be false 13 if it is based on any of the following: 14 a. Evidence obtained by a person who enters onto the 15 property where the livestock is maintained due to any of the 16 following: 17 (1) Trespass as defined in section 716.7. 18 (2) Deception as described in section 702.9, subsection 1 19 or 2. 20 b. A statement that is hearsay or any statement other than 21 direct observation by a credible witness. 22 3. In order for a duly sworn law enforcement officer to 23 conduct an investigation based on a complaint alleging an 24 offense, all of the following must apply: 25 a. The complainant must file a written statement with a 26 local law enforcement office. The written statement shall 27 be in the form of an affidavit as provided by the local law 28 enforcement office. The written statement shall comply with 29 all of the following: 30 (1) It must be signed and dated by the complainant and the 31 law enforcement officer taking the complaint, and notarized as 32 provided in chapter 9B. 33 (2) It must state the name of the owner of the livestock, 34 the location where the alleged offense occurred, a description 35 -3- LSB 5712XS (6) 88 da/ns 3/ 8

S.F. 2239 of the alleged offense, and the name and contact information of 1 any other witness to the alleged offense. 2 b. Notwithstanding section 22.7, the local law enforcement 3 office delivers a copy of the statement described in 4 paragraph “a” to any person who may be investigated due to 5 the complaint. The statement shall be sent by certified mail 6 within twenty-four hours after the local law enforcement office 7 receives the complaint. The statement shall not contain 8 redactions. 9 4. A person charged with committing an offense under this 10 section shall have a cause of action against the person making 11 the complaint if the charge is dismissed, the person charged 12 is acquitted, or the person charged is convicted and the 13 conviction is reversed. The person charged shall be awarded 14 damages for any economic loss, as determined by a court, 15 resulting from the complaint. 16 5. A person charged with committing an offense under this 17 section shall have a cause of action based on the making of 18 a false affidavit, slander, libel, or harassment against any 19 person who asserted a false allegation against the person 20 charged if the charge is dismissed, the person charged 21 is acquitted, or the person charged is convicted and the 22 conviction is reversed. 23 6. A person is guilty of false allegation if the person 24 makes a complaint that is the basis for a criminal charge for 25 an offense and no charge is filed, the charge is dismissed, the 26 person charged is acquitted, or the person charged is convicted 27 and the conviction is reversed. A person guilty of false 28 allegation shall be subject to one of the following: 29 a. Except as otherwise provided in this subsection, a fine 30 of not more than one hundred dollars. 31 b. For a second offense committed within two years of a 32 prior conviction for the same offense, a simple misdemeanor. 33 The sentencing order shall also require that the person perform 34 not less than fifty hours and not more than one hundred hours 35 -4- LSB 5712XS (6) 88 da/ns 4/ 8

S.F. 2239 of community service. 1 c. For a third or subsequent offense committed within two 2 years of a prior conviction for the same offense, a serious 3 misdemeanor. The sentencing order shall also require that the 4 person perform not less than one hundred hours and not more 5 than one hundred fifty hours of community service. 6 Sec. 3. NEW SECTION . 717B.10 Investigations and 7 prosecutions —— false allegations. 8 1. As used in this section, unless the context otherwise 9 requires: 10 a. “Local law enforcement office” means a city police force 11 or county sheriff’s office. 12 b. “Offense” means animal abuse as provided in section 13 717B.2, animal neglect as provided in section 717B.3, animal 14 torture as provided in section 717B.3A, or abandonment as 15 provided in section 717B.8. 16 2. A duly sworn law enforcement officer shall not conduct an 17 investigation of the commission of an offense based on a false 18 allegation. An allegation is conclusively presumed to be false 19 if it is based on any of the following: 20 a. Evidence obtained by a person who enters onto the 21 property where the animal is maintained due to any of the 22 following: 23 (1) Trespass as defined in section 716.7. 24 (2) Deception as described in section 702.9, subsection 1 25 or 2. 26 b. A statement that is hearsay or any statement other than 27 direct observation by a credible witness. 28 3. In order for a duly sworn law enforcement officer to 29 conduct an investigation based on a complaint alleging an 30 offense, all of the following must apply: 31 a. The complainant must file a written statement with a 32 local law enforcement office. The written statement shall 33 be in the form of an affidavit as provided by the local law 34 enforcement office. The written statement shall comply with 35 -5- LSB 5712XS (6) 88 da/ns 5/ 8

S.F. 2239 all of the following: 1 (1) It must be signed and dated by the complainant and the 2 law enforcement officer taking the complaint, and notarized as 3 provided in chapter 9B. 4 (2) It must state the name of the owner of the animal, the 5 location where the alleged offense occurred, a description of 6 the alleged offense, and the name and contact information of 7 any other witness to the alleged offense. 8 b. Notwithstanding section 22.7, the local law enforcement 9 office delivers a copy of the statement described in 10 paragraph “a” to any person who may be investigated due to 11 the complaint. The statement shall be sent by certified mail 12 within twenty-four hours after the local law enforcement office 13 receives the complaint. The statement shall not contain 14 redactions. 15 4. A person charged with committing an offense under this 16 section shall have a cause of action against the person making 17 the complaint if the charge is dismissed, the person charged 18 is acquitted, or the person charged is convicted and the 19 conviction is reversed. The person charged shall be awarded 20 damages for any economic loss, as determined by a court, 21 resulting from the complaint. 22 5. A person charged with committing an offense under this 23 section shall have a cause of action based on the making of 24 a false affidavit, slander, libel, or harassment against any 25 person who asserted a false allegation against the person 26 charged if the charge is dismissed, the person charged 27 is acquitted, or the person charged is convicted and the 28 conviction is reversed. 29 6. A person is guilty of false allegation if the person 30 makes a complaint that is the basis for a criminal charge for 31 an offense and no charge is filed, the charge is dismissed, the 32 person charged is acquitted, or the person charged is convicted 33 and the conviction is reversed. A person guilty of false 34 allegation shall be subject to one of the following: 35 -6- LSB 5712XS (6) 88 da/ns 6/ 8

S.F. 2239 a. Except as otherwise provided in this subsection, a fine 1 of not more than one hundred dollars. 2 b. For a second offense committed within two years of a 3 prior conviction for the same offense, a simple misdemeanor. 4 The sentencing order shall require that the person perform not 5 less than fifty hours and not more than one hundred hours of 6 community service. 7 c. For a third or subsequent offense committed within two 8 years of a prior conviction for the same offense, a serious 9 misdemeanor. The sentencing order shall also require that the 10 person perform not less than one hundred hours and not more 11 than one hundred fifty hours of community service. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill applies to cases involving an allegation of the 16 mistreatment of an animal when the allegation is classified 17 as false due to a number of circumstances. The circumstances 18 include (1) the evidence was obtained due to trespass or 19 deception, or (2) the allegation is based on a statement 20 other than direct observation. In addition, any inspection 21 or investigation must be based on a written statement. The 22 statement is delivered to the person who is subject to the 23 complaint. The person subject to the complaint is provided 24 a cause of action against the person making the complaint if 25 the person subject to the complaint has been found not to have 26 committed the mistreatment. In that case, the person making 27 the complaint is subject to criminal penalties. The general 28 penalty is a fine of not more than $100. However, for a second 29 offense committed within two years of a prior conviction for 30 the same offense, the person is guilty of a simple misdemeanor. 31 In addition, the sentencing order must provide that the person 32 perform not less than 50 hours and not more than 100 hours of 33 community service. For a third or subsequent offense committed 34 within two years of a prior conviction for the same offense, 35 -7- LSB 5712XS (6) 88 da/ns 7/ 8

S.F. 2239 the person is guilty of a serious misdemeanor. The sentencing 1 order shall also provide that the person perform not less than 2 100 hours and not more than 150 hours of community service. 3 APPLICABLE PENALTIES. A simple misdemeanor is punishable 4 by confinement for no more than 30 days or a fine of at least 5 $65 but not more than $625 or by both. A serious misdemeanor is 6 punishable by confinement for no more than one year and a fine 7 of at least $315 but not more than $1,875. 8 BACKGROUND. Code chapter 162 provides for the regulation 9 of commercial establishments (animal shelters, boarding 10 kennels, commercial breeders, commercial kennels, dealers, pet 11 shops, pounds, public auctions, or research facilities). The 12 Code chapter is regulated by the department of agriculture 13 and land stewardship that issues and renews several types 14 of authorizations to the owners and operators of commercial 15 establishments (licenses, permits, and registrations). Code 16 chapter 717 provides criminal offenses for committing livestock 17 abuse and livestock neglect. Code chapter 717B provides 18 criminal offenses for committing animal abuse, animal neglect, 19 animal torture, and animal abandonment. That Code chapter 20 does not apply to livestock, game animals, or nongame animals 21 declared to be a nuisance. Both Code chapters 717 and 717B are 22 enforced by a local authority which is a city or county. 23 -8- LSB 5712XS (6) 88 da/ns 8/ 8