SF 57 (LSB 1057XS (3) 88)

SENATE FILE 57

BY  SHIPLEY and DAWSON

A BILL FOR

An Act relating to the mistreatment of certain animals other than livestock and wildlife, by providing for criminal offenses, including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717B.2, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A person is guilty of commits 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. A person guilty of who commits animal abuse is guilty of an aggravated misdemeanor.  However, for a person’s second or subsequent conviction of animal abuse, the person is guilty of a class “D” felony. This section shall not apply to any of the following:
    Sec. 2.  Section 717B.3, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A person who impounds or confines, in any place, an animal is guilty of commits animal neglect if the person does any of the following:   
    Sec. 3.  Section 717B.3, subsection 3, Code 2019, is amended to read as follows:
   3.  A person who negligently or intentionally commits the offense of animal neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of animal neglect which results in a serious injury to or the death of an animal is guilty of a serious an aggravated misdemeanor.
    Sec. 4.  Section 717B.3A, subsection 1, Code 2019, is amended to read as follows:
   1.  A person is guilty of commits animal torture, regardless of whether the person is the owner of the animal, if the person inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death.
    Sec. 5.  Section 717B.3A, subsection 3, paragraph a, subparagraphs (1) and (2), Code 2019, are amended to read as follows:
   (1)  For the first conviction, the The person is guilty of an aggravated misdemeanor class “D” felony.
   (2)  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 For the first conviction, 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   MISTREATMENT OF ANIMALS —— INCREASE IN CRIMINAL PENALTIES.  Currently, the criminal penalty for a conviction of animal abuse is an aggravated misdemeanor. This bill provides that the criminal penalty for a second or subsequent conviction for that offense is enhanced to a class “D” felony. The current criminal penalty for a conviction of animal negligence is a simple misdemeanor, unless the convicted person’s actions resulted in a serious injury to the animal or the animal’s death. In the instance in which an animal is inflicted with a serious injury, the bill increases the enhanced criminal penalty from a serious misdemeanor to an aggravated misdemeanor. Currently, the criminal penalty for animal torture is an aggravated misdemeanor for the first conviction which is enhanced to a class “D” felony for a second or subsequent conviction. For each conviction, the court’s sentencing order must provide that the guilty person submit to psychological evaluation and treatment, and for the first conviction the order must require the guilty person complete a community work requirement. The bill provides the criminal penalty is a class “D” felony without regard to the number of prior convictions and eliminates the enhanced penalty provision. The bill also makes certain changes in terminology for purposes of consistency and readability. 
   BACKGROUND. Code chapter 717B prohibits the mistreatment of certain animals, including dogs and cats, but excludes three classifications: (1) livestock (Code chapter 717); wildlife under the jurisdiction of the department of natural resources (Code chapter 481), unless such animal is owned, confined, or controlled by a person; and (3) a nongame animal declared by the department to be a nuisance (Code section 481A.42). Animal abuse involves intentionally injuring an animal by violence or poisoning by a person other then the animal’s owner (Code section 717B.2). Animal neglect involves the failure to provide an animal with adequate food or water, or failure to provide a dog or cat with adequate shelter. It also involves harming an animal in a manner that causes suffering (Code section 717B.3). Animal torture involves acting with a depraved or sadistic intent to inflict severe and prolonged pain or suffering, or death upon an animal (Code section 717B.3A).
   APPLICABLE CRIMINAL PENALTIES. The criminal penalties described in the bill are as follows: (1) for a simple misdemeanor, confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both; (2) for a serious misdemeanor, confinement for no more than one year and a fine of at least $315 but not more than $1,875; (3) for an aggravated misdemeanor, confinement for no more than two years and a fine of at least $625 but not more than $6,250; and (4) for a class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500.