Senate
File
57
-
Introduced
SENATE
FILE
57
BY
SHIPLEY
and
DAWSON
A
BILL
FOR
An
Act
relating
to
the
mistreatment
of
certain
animals
other
1
than
livestock
and
wildlife,
by
providing
for
criminal
2
offenses,
including
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
717B.2,
unnumbered
paragraph
1,
Code
1
2019,
is
amended
to
read
as
follows:
2
A
person
is
guilty
of
commits
animal
abuse
if
the
person
3
intentionally
injures,
maims,
disfigures,
or
destroys
an
animal
4
owned
by
another
person,
in
any
manner,
including
intentionally
5
poisoning
the
animal.
A
person
guilty
of
who
commits
animal
6
abuse
is
guilty
of
an
aggravated
misdemeanor.
However,
for
a
7
person’s
second
or
subsequent
conviction
of
animal
abuse,
the
8
person
is
guilty
of
a
class
“D”
felony.
This
section
shall
not
9
apply
to
any
of
the
following:
10
Sec.
2.
Section
717B.3,
subsection
1,
unnumbered
paragraph
11
1,
Code
2019,
is
amended
to
read
as
follows:
12
A
person
who
impounds
or
confines,
in
any
place,
an
animal
is
13
guilty
of
commits
animal
neglect
if
the
person
does
any
of
the
14
following:
15
Sec.
3.
Section
717B.3,
subsection
3,
Code
2019,
is
amended
16
to
read
as
follows:
17
3.
A
person
who
negligently
or
intentionally
commits
the
18
offense
of
animal
neglect
is
guilty
of
a
simple
misdemeanor.
A
19
person
who
intentionally
commits
the
offense
of
animal
neglect
20
which
results
in
a
serious
injury
to
or
the
death
of
an
animal
21
is
guilty
of
a
serious
an
aggravated
misdemeanor.
22
Sec.
4.
Section
717B.3A,
subsection
1,
Code
2019,
is
amended
23
to
read
as
follows:
24
1.
A
person
is
guilty
of
commits
animal
torture,
regardless
25
of
whether
the
person
is
the
owner
of
the
animal,
if
the
person
26
inflicts
upon
the
animal
severe
physical
pain
with
a
depraved
27
or
sadistic
intent
to
cause
prolonged
suffering
or
death.
28
Sec.
5.
Section
717B.3A,
subsection
3,
paragraph
a,
29
subparagraphs
(1)
and
(2),
Code
2019,
are
amended
to
read
as
30
follows:
31
(1)
For
the
first
conviction,
the
The
person
is
guilty
of
an
32
aggravated
misdemeanor
class
“D”
felony
.
33
(2)
The
sentencing
order
shall
provide
that
the
person
34
submit
to
psychological
evaluation
and
treatment
according
to
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terms
required
by
the
court.
The
costs
of
the
evaluation
and
1
treatment
shall
be
paid
by
the
person.
In
addition
For
the
2
first
conviction
,
the
sentencing
order
shall
provide
that
the
3
person
complete
a
community
work
requirement,
which
may
include
4
a
work
requirement
performed
at
an
animal
shelter
or
pound,
as
5
defined
in
section
162.2
,
according
to
terms
required
by
the
6
court.
7
(2)
For
a
second
or
subsequent
conviction,
the
person
is
8
guilty
of
a
class
“D”
felony.
The
sentencing
order
shall
9
provide
that
the
person
submit
to
psychological
evaluation
and
10
treatment
according
to
terms
required
by
the
court.
The
costs
11
of
the
psychological
evaluation
and
treatment
shall
be
paid
by
12
the
person.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
MISTREATMENT
OF
ANIMALS
——
INCREASE
IN
CRIMINAL
PENALTIES.
17
Currently,
the
criminal
penalty
for
a
conviction
of
animal
18
abuse
is
an
aggravated
misdemeanor.
This
bill
provides
that
19
the
criminal
penalty
for
a
second
or
subsequent
conviction
for
20
that
offense
is
enhanced
to
a
class
“D”
felony.
The
current
21
criminal
penalty
for
a
conviction
of
animal
negligence
is
a
22
simple
misdemeanor,
unless
the
convicted
person’s
actions
23
resulted
in
a
serious
injury
to
the
animal
or
the
animal’s
24
death.
In
the
instance
in
which
an
animal
is
inflicted
25
with
a
serious
injury,
the
bill
increases
the
enhanced
26
criminal
penalty
from
a
serious
misdemeanor
to
an
aggravated
27
misdemeanor.
Currently,
the
criminal
penalty
for
animal
28
torture
is
an
aggravated
misdemeanor
for
the
first
conviction
29
which
is
enhanced
to
a
class
“D”
felony
for
a
second
or
30
subsequent
conviction.
For
each
conviction,
the
court’s
31
sentencing
order
must
provide
that
the
guilty
person
submit
32
to
psychological
evaluation
and
treatment,
and
for
the
first
33
conviction
the
order
must
require
the
guilty
person
complete
34
a
community
work
requirement.
The
bill
provides
the
criminal
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penalty
is
a
class
“D”
felony
without
regard
to
the
number
1
of
prior
convictions
and
eliminates
the
enhanced
penalty
2
provision.
The
bill
also
makes
certain
changes
in
terminology
3
for
purposes
of
consistency
and
readability.
4
BACKGROUND.
Code
chapter
717B
prohibits
the
mistreatment
of
5
certain
animals,
including
dogs
and
cats,
but
excludes
three
6
classifications:
(1)
livestock
(Code
chapter
717);
wildlife
7
under
the
jurisdiction
of
the
department
of
natural
resources
8
(Code
chapter
481),
unless
such
animal
is
owned,
confined,
9
or
controlled
by
a
person;
and
(3)
a
nongame
animal
declared
10
by
the
department
to
be
a
nuisance
(Code
section
481A.42).
11
Animal
abuse
involves
intentionally
injuring
an
animal
by
12
violence
or
poisoning
by
a
person
other
then
the
animal’s
13
owner
(Code
section
717B.2).
Animal
neglect
involves
the
14
failure
to
provide
an
animal
with
adequate
food
or
water,
or
15
failure
to
provide
a
dog
or
cat
with
adequate
shelter.
It
also
16
involves
harming
an
animal
in
a
manner
that
causes
suffering
17
(Code
section
717B.3).
Animal
torture
involves
acting
with
a
18
depraved
or
sadistic
intent
to
inflict
severe
and
prolonged
19
pain
or
suffering,
or
death
upon
an
animal
(Code
section
20
717B.3A).
21
APPLICABLE
CRIMINAL
PENALTIES.
The
criminal
penalties
22
described
in
the
bill
are
as
follows:
(1)
for
a
simple
23
misdemeanor,
confinement
for
no
more
than
30
days
or
a
fine
24
of
at
least
$65
but
not
more
than
$625
or
by
both;
(2)
for
a
25
serious
misdemeanor,
confinement
for
no
more
than
one
year
and
26
a
fine
of
at
least
$315
but
not
more
than
$1,875;
(3)
for
an
27
aggravated
misdemeanor,
confinement
for
no
more
than
two
years
28
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
and
(4)
29
for
a
class
“D”
felony,
confinement
for
no
more
than
five
years
30
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
31
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