Senate Study Bill 1075 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act prohibiting the treatment of animals other than 1 livestock and wild animals, providing for the rescue of 2 animals by local law enforcement agencies, providing for 3 criminal offenses and court orders, and including penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1652XC (3) 88 da/rh

S.F. _____ 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, animal abandonment as provided 6 in section 717B.3B, animal endangerment as provided in section 7 717B.3C, or injury to or interference with a police service dog 8 as provided in section 717B.9. 9 NEW SUBSECTION . 2B. “Animal warden” means a person 10 employed, contracted, or appointed by a local authority to 11 assist in the enforcement of chapter 162, this chapter, or any 12 other law or ordinance relating to the licensing of animals, 13 control of animals, or the seizure and impoundment of animals. 14 NEW SUBSECTION . 3A. a. “Convicted” means found guilty of, 15 pleads guilty to, or is sentenced or adjudicated delinquent 16 for an act which is an indictable offense in this state or in 17 another state, including but not limited to a juvenile who has 18 been adjudicated delinquent, whether or not the juvenile court 19 records have been sealed under section 232.150, and a person 20 who has received a deferred sentence or a deferred judgment or 21 has been acquitted by reason of insanity. 22 b. “Convicted” includes the conviction of a juvenile 23 prosecuted as an adult. “Convicted” also includes a conviction 24 for an attempt or conspiracy to commit an offense. 25 c. “Convicted” does not mean a plea, sentence, adjudication, 26 deferred sentence, or deferred judgment which has been reversed 27 or otherwise set aside. 28 NEW SUBSECTION . 4A. “Injury” means an impairment to an 29 animal’s health or functions, including physical damage or harm 30 to an animal’s muscle, tissue, organs, bones, hide, or skin, 31 that causes the animal to suffer pain. 32 NEW SUBSECTION . 8A. “Serious injury” means an injury that 33 creates a substantial risk of death or that causes protracted 34 disfigurement, protracted impairment of health, or protracted 35 -1- LSB 1652XC (3) 88 da/rh 1/ 15

S.F. _____ loss or impairment of the function of a limb or organ. 1 Sec. 2. Section 717B.1, subsection 9, Code 2019, is amended 2 to read as follows: 3 9. “Threatened animal” means an animal that is abused as 4 provided in section 717B.2 , neglected as provided in section 5 717B.3 , or tortured as provided in section 717B.3A suffers from 6 animal mistreatment . 7 Sec. 3. Section 717B.2, Code 2019, is amended to read as 8 follows: 9 717B.2 Animal abuse —— penalties . 10 1. A person is guilty of animal abuse if the person 11 intentionally injures, maims, disfigures, or destroys an animal 12 owned by another person, in any manner, including intentionally 13 poisoning the animal commits animal abuse when the person 14 intentionally, knowingly, or recklessly causes injury, serious 15 injury, or death to an animal by force, violence, or poisoning . 16 A person guilty of animal abuse is guilty of an aggravated 17 misdemeanor. 18 2. This section shall not apply to conduct engaged in by any 19 of the following: 20 1. A person acting with the consent of the person owning 21 the animal, unless the action constitutes animal neglect as 22 provided in section 717B.3 . 23 2. a. A person acting to carry out an order issued by a 24 court. 25 3. b. A licensed veterinarian practicing veterinary 26 medicine as provided in chapter 169 . 27 4. c. A person acting in order to carry out another 28 provision of law which allows the conduct. 29 5. d. A person taking, hunting, trapping, or fishing for a 30 wild animal as provided in chapter 481A . 31 6. e. A person acting to protect the person’s property from 32 a wild animal as defined in section 481A.1 . 33 7. f. A person acting to protect a person from injury or 34 death caused by a wild animal as defined in section 481A.1 . 35 -2- LSB 1652XC (3) 88 da/rh 2/ 15

S.F. _____ 8. g. A person reasonably acting to protect the person’s 1 property from damage caused by an unconfined animal. 2 9. h. A person reasonably acting to protect a person from 3 injury or death caused by an unconfined animal. 4 10. i. A local authority reasonably acting to destroy an 5 animal, if at the time of the destruction, the owner of the 6 animal is absent or unable to care for the animal, and the 7 animal is permanently distressed by disease or injury to a 8 degree that would result in severe and prolonged suffering. 9 11. j. A research facility, as defined in section 162.2 , 10 provided that the research facility performs functions within 11 the scope of accepted practices and disciplines associated with 12 the research facility. 13 3. A person who commits animal abuse that does not cause 14 serious injury or death to an animal is guilty of a serious 15 misdemeanor. 16 4. A person who commits animal abuse that causes serious 17 injury or death to an animal is guilty of an aggravated 18 misdemeanor. 19 5. Notwithstanding subsection 4, a person who commits 20 animal abuse that causes serious injury or death to an animal 21 is guilty of a class “D” felony if the person has previously 22 been convicted of committing animal abuse pursuant to this 23 section, animal neglect pursuant to section 717B.3, animal 24 torture pursuant to section 717B.3A, animal abandonment 25 pursuant to section 717B.3B, animal endangerment pursuant 26 to section 717B.3C, injury to or interference with a police 27 service dog pursuant to section 717B.9, bestiality pursuant to 28 section 717C.1, or an act involving a contest event prohibited 29 in section 717D.2. 30 Sec. 4. Section 717B.3, Code 2019, is amended to read as 31 follows: 32 717B.3 Animal mistreatment —— animal neglect —— penalties . 33 1. A person who impounds or commits animal neglect when 34 the person owns or has custody of an animal, confines , in any 35 -3- LSB 1652XC (3) 88 da/rh 3/ 15

S.F. _____ place, an that animal , is guilty of animal neglect if the 1 person does any of the following: 2 a. Fails and fails to supply the animal during confinement 3 with a sufficient quantity of food or water. reasonably provide 4 the animal with any of the following: 5 a. Access to food in an amount and quality sufficient to 6 satisfy the animal’s basic nutrition level. 7 b. Fails to provide a confined dog or cat with adequate 8 shelter. Access to a supply of potable water in an amount 9 sufficient to satisfy the animal’s basic hydration level. 10 Access to snow or ice does not satisfy this requirement. 11 c. Tortures, deprives of necessary sustenance, mutilates, 12 beats, or kills an animal by any means which causes unjustified 13 pain, distress, or suffering. Sanitary conditions free from 14 excessive animal waste or the overcrowding of animals. 15 d. Ventilated shelter sufficient to provide adequate 16 protection from the elements and weather conditions suitable 17 for the age, species, and physical condition of the animal 18 so as to maintain the animal in a state of good health. The 19 shelter must protect the animal from wind, rain, snow, or sun 20 and have adequate bedding to provide protection against cold 21 and dampness. A shelter may include a residence, garage, barn, 22 shed, or doghouse. 23 e. Grooming, to the extent reasonably necessary to prevent 24 adverse health effects or suffering. 25 f. Veterinary care deemed necessary by a reasonably 26 prudent person to relieve an animal’s distress from any of the 27 following: 28 (1) A condition caused by failing to provide for the 29 animal’s welfare as described in paragraphs “a” through “f” . 30 (2) An injury or illness suffered by the animal causing the 31 animal to suffer prolonged pain and suffering. 32 2. This section does not apply to a research facility, as 33 defined in section 162.2 , provided that the research facility 34 performs functions within the scope of accepted practices and 35 -4- LSB 1652XC (3) 88 da/rh 4/ 15

S.F. _____ disciplines associated with the research facility. 1 3. A person who negligently or intentionally commits the 2 offense of animal neglect that does not cause injury or death 3 to an animal is guilty of a simple misdemeanor. A person who 4 intentionally commits the offense of animal neglect which 5 results in serious injury to or the death of an animal is 6 guilty of a serious misdemeanor. 7 4. A person who commits animal neglect that causes injury 8 other than serious injury or death to an animal is guilty of a 9 serious misdemeanor. 10 5. A person who commits animal neglect which causes serious 11 injury or death to an animal is guilty of an aggravated 12 misdemeanor. 13 6. Notwithstanding subsection 5, a person who commits 14 animal neglect which causes serious injury or death to an 15 animal is guilty of a class “D” felony if the person has been 16 previously convicted of animal abuse pursuant to section 17 717B.2, animal neglect pursuant to this section, animal torture 18 pursuant to section 717B.3A, animal abandonment pursuant to 19 section 717B.3B, animal endangerment pursuant to section 20 717B.3C, injury to or interference with a police service dog 21 pursuant to section 717B.9, bestiality pursuant to section 22 717C.1, or an act involving a contest event prohibited in 23 section 717D.2. 24 Sec. 5. Section 717B.3A, Code 2019, is amended to read as 25 follows: 26 717B.3A Animal mistreatment —— animal torture —— penalties . 27 1. A person is guilty of animal torture , regardless of 28 whether the person is the owner of the animal, if when the 29 person intentionally, knowingly, or recklessly inflicts upon 30 the animal severe and prolonged or repeated physical pain with 31 a depraved or sadistic intent to cause prolonged that results 32 in the animal’s suffering and serious injury or death. 33 2. This section shall not apply to conduct engaged in by any 34 of the following: 35 -5- LSB 1652XC (3) 88 da/rh 5/ 15

S.F. _____ a. A person acting to carry out an order issued by a court. 1 b. A licensed veterinarian practicing veterinary medicine as 2 provided in chapter 169 . 3 c. A person carrying out a practice that is consistent with 4 animal husbandry practices. 5 d. A person acting in order to carry out another provision 6 of law which allows the conduct. 7 e. A person taking, hunting, trapping, or fishing for a wild 8 animal as provided in chapter 481A . 9 f. A person acting to protect the person’s property from a 10 wild animal as defined in section 481A.1 . 11 g. A person acting to protect a person from injury or death 12 caused by a wild animal as defined in section 481A.1 . 13 h. A person reasonably acting to protect the person’s 14 property from damage caused by an unconfined animal. 15 i. A person reasonably acting to protect a person from 16 injury or death caused by an unconfined animal. 17 j. A local authority reasonably acting to destroy an animal, 18 if at the time of the destruction, the owner of the animal is 19 absent or unable to care for the animal, and the animal is 20 permanently distressed by disease or injury to a degree that 21 would result in severe and prolonged suffering. 22 k. A research facility, as defined in section 162.2 , 23 provided that the research facility performs functions within 24 the scope of accepted practices and disciplines associated with 25 the research facility. 26 3. a. The following shall apply to a person who commits 27 animal torture: 28 (1) For the first conviction, the person is guilty of an 29 aggravated misdemeanor. The sentencing order shall provide 30 that the person submit to psychological evaluation and 31 treatment according to terms required by the court. The costs 32 of the evaluation and treatment shall be paid by the person. 33 In addition, the sentencing order shall provide that the person 34 complete a community work requirement, which may include a work 35 -6- LSB 1652XC (3) 88 da/rh 6/ 15

S.F. _____ requirement performed at an animal shelter or pound, as defined 1 in section 162.2 , according to terms required by the court. 2 (2) For a second or subsequent conviction, the person is 3 guilty of a class “D” felony. The sentencing order shall 4 provide that the person submit to psychological evaluation and 5 treatment according to terms required by the court. The costs 6 of the psychological evaluation and treatment shall be paid by 7 the person. 8 b. The juvenile court shall have exclusive original 9 jurisdiction in a proceeding concerning a child who is alleged 10 to have committed animal torture, in the manner provided in 11 section 232.8 . The juvenile court shall not waive jurisdiction 12 in a proceeding concerning an offense alleged to have been 13 committed by a child under the age of seventeen. 14 4. A person who commits animal torture is guilty of a class 15 “D” felony. 16 5. Notwithstanding subsection 4, a person who commits 17 animal torture is guilty of a class “C” felony if the person 18 has previously been convicted of committing animal abuse 19 pursuant to section 717B.2, animal neglect pursuant to section 20 717B.3, animal torture pursuant to this section, animal 21 abandonment pursuant to section 717B.3B, animal endangerment 22 pursuant to section 717B.3C, injury to or interference with 23 a police service dog pursuant to section 717B.9, bestiality 24 pursuant to section 717C.1, or an act involving a contest event 25 prohibited in section 717D.2. 26 Sec. 6. NEW SECTION . 717B.3B Animal mistreatment —— animal 27 abandonment —— penalties. 28 1. A person commits animal abandonment by knowingly or 29 recklessly relinquishing custody of an animal at a location in 30 which the person does not hold a legal or equitable interest if 31 the person does not do any of the following: 32 a. Legally transfer the animal to another person. 33 b. Make reasonable arrangements for the transfer of custody 34 of the animal to a person who agrees to assume custody of the 35 -7- LSB 1652XC (3) 88 da/rh 7/ 15

S.F. _____ animal. 1 c. Make other reasonable arrangements for the care of the 2 animal in a manner that would not constitute animal neglect 3 under section 717B.3. 4 2. A person who commits animal abandonment that does not 5 cause injury or death to an animal is guilty of a simple 6 misdemeanor. 7 3. A person who commits animal abandonment that causes 8 injury other than serious injury or death to an animal is 9 guilty of a serious misdemeanor. 10 4. A person who commits animal abandonment that causes 11 serious injury or death to an animal is guilty of an aggravated 12 misdemeanor. 13 5. Notwithstanding subsection 4, a person who commits 14 animal abandonment that causes serious injury or death to 15 an animal is guilty of a class “D” felony if the person has 16 previously been convicted of committing animal abandonment 17 pursuant to this section, animal abuse pursuant to section 18 717B.2, animal neglect pursuant to section 717B.3, animal 19 torture pursuant to section 717B.3A, animal endangerment 20 pursuant to section 717B.3C, injury to or interference with 21 a police service dog pursuant to section 717B.9, bestiality 22 pursuant to section 717C.1, or an act involving a contest event 23 prohibited in section 717D.2. 24 Sec. 7. NEW SECTION . 717B.3C Animal mistreatment —— animal 25 endangerment —— penalties. 26 1. A person commits animal endangerment when the person 27 confines an animal in a stationary motor vehicle in a manner 28 that endangers the health or life of the animal by exposing the 29 animal to a prolonged period of extreme interior temperature or 30 a long period without adequate ventilation. 31 2. A person who commits animal endangerment that does 32 not cause injury or death to an animal is guilty of a simple 33 misdemeanor. 34 3. A person who commits animal endangerment that causes 35 -8- LSB 1652XC (3) 88 da/rh 8/ 15

S.F. _____ injury other than serious injury or death to an animal is 1 guilty of a serious misdemeanor. 2 4. A person who commits animal endangerment that causes 3 serious injury or death to an animal is guilty of an aggravated 4 misdemeanor. 5 5. Notwithstanding subsection 4, a person who commits 6 animal endangerment that causes serious injury to an animal 7 is guilty of a class “D” felony if the person has previously 8 been convicted of committing animal endangerment pursuant to 9 this section, animal abuse pursuant to section 717B.2, animal 10 neglect pursuant to section 717B.3, animal torture pursuant 11 to section 717B.3A, animal abandonment pursuant to section 12 717B.3B, injury to or interference with a police service dog 13 pursuant to section 717B.9, bestiality pursuant to section 14 717C.1, or an act involving a contest event prohibited in 15 section 717D.2. 16 Sec. 8. NEW SECTION . 717B.3D Animal mistreatment —— court 17 order —— evaluation and treatment. 18 1. At the time of a person’s conviction for committing a 19 public offense constituting animal mistreatment, a court may 20 enter an order requiring the person to undergo a psychological 21 or psychiatric evaluation and to undergo any treatment that the 22 court determines to be appropriate after due consideration of 23 the evaluation. However, the court shall enter such an order 24 if the convicted person is any of the following: 25 a. A juvenile. 26 b. An adult committing animal abuse pursuant to section 27 717B.2, animal neglect punishable as an aggravated misdemeanor 28 or class “D” felony pursuant to section 717B.3, animal torture 29 pursuant to section 717B.3A, animal abandonment pursuant to 30 section 717B.3B, or animal endangerment pursuant to section 31 717B.3C. 32 2. 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 35 -9- LSB 1652XC (3) 88 da/rh 9/ 15

S.F. _____ a juvenile. 1 3. An order made under this section is in addition to any 2 other order or sentence of the court. 3 4. Any violation of the court order shall be punished as 4 contempt of court pursuant to chapter 665. 5 Sec. 9. NEW SECTION . 717B.3E Animal mistreatment —— 6 sentencing order —— prohibitions. 7 1. At the time of a person’s sentencing for committing a 8 public offense constituting animal mistreatment, a court may 9 prohibit the person from owning or obtaining custody of an 10 animal or residing in the same dwelling where an animal is 11 kept. The period of the prohibition shall be not less than 12 three years. 13 2. Notwithstanding subsection 1, the court shall enter such 14 an order if the convicted person has committed animal abuse 15 pursuant to section 717B.2, animal neglect punishable as an 16 aggravated misdemeanor or class “D” felony pursuant to section 17 717B.3, animal torture pursuant to section 717B.3A, animal 18 abandonment pursuant to section 717B.3B, or animal endangerment 19 pursuant to section 717B.3C. The period of such prohibition 20 shall be not less than ten years. 21 3. 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 4. An order made pursuant to this section is in addition to 26 any other order or sentence of the court. 27 5. 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. 10. NEW SECTION . 717B.5A Rescue —— motor vehicles. 31 1. A law enforcement officer or animal warden may rescue 32 an animal from a stationary motor vehicle, including through 33 the use of forced entrance, if the law enforcement officer 34 or animal warden reasonably believes that the animal may 35 -10- LSB 1652XC (3) 88 da/rh 10/ 15

S.F. _____ be suffering distress due to exposure to extreme interior 1 temperature or a lack of adequate ventilation. The law 2 enforcement officer’s or animal warden’s action is justified 3 regardless of whether the law enforcement officer or animal 4 warden observed indications of distress or whether the person 5 could be charged with or convicted of committing a public 6 offense. 7 2. The law enforcement officer or animal warden shall 8 provide written notice of the rescue to the animal’s 9 responsible party. This requirement is satisfied by placing 10 the notice in a conspicuous place located within the motor 11 vehicle. The notice must state where the rescued animal may 12 be claimed. 13 3. The local authority shall provide for the maintenance 14 of the rescued animal as if it were a threatened animal under 15 section 717B.5. However, a dispositional proceeding under 16 section 717B.4 is not required if within ten days after the 17 date of the animal’s rescue the responsible party claims the 18 animal from the local authority. In order to claim the animal, 19 the responsible party must reimburse the local authority for 20 all reasonable costs that accrued from rescuing and maintaining 21 the animal. 22 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection 23 3, shall not apply to this Act. 24 Sec. 12. REPEAL. Section 717B.8, Code 2019, is repealed. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 GENERAL. This bill amends Code chapter 717B prohibiting 29 the mistreatment of certain animals, including dogs and cats, 30 but excluding other animals such as livestock (Code chapter 31 717); game, fur-bearing animals, fish, reptiles, or amphibians 32 (Code chapter 481A), unless such animal is owned, confined, 33 or controlled by a person; or a nongame animal declared to be 34 a nuisance by the natural resource commission (Code section 35 -11- LSB 1652XC (3) 88 da/rh 11/ 15

S.F. _____ 481A.42). 1 PRIMARY AND NONPRIMARY CODE CHAPTER 717B OFFENSES (ANIMAL 2 MISTREATMENT) —— NON-CODE CHAPTER 717B OFFENSES. The bill 3 amends three primary offenses which are part of Code chapter 4 717B. These include animal abuse (Code section 717B.2), 5 animal neglect (Code section 717B.3), and animal torture (Code 6 section 717B.3A). The bill creates two new nonprimary criminal 7 offenses in Code chapter 717B including animal abandonment 8 (new Code section 717B.3B) and animal endangerment (new 9 Code section 717B.3C). The bill also refers to two other 10 nonprimary offenses provided in the Code chapter which include 11 the abandonment of a cat or dog (Code section 717B.8) and 12 injury or interference with a police service dog (Code section 13 717B.9). All of these primary and nonprimary offenses are 14 classified as animal mistreatment. Under the bill, each of 15 the primary offenses includes an enhanced penalty that applies 16 to a convicted person who has previously committed any of the 17 named primary or nonprimary offenses classified as animal 18 mistreatment; or committed a non-Code chapter offense including 19 bestiality (Code section 717C.1) or an offense involving an 20 animal contest (Code section 717D.4). 21 TYPES OF PRIMARY OFFENSES —— ABUSE. Animal abuse involves 22 intentionally injuring an animal by violence or poisoning. 23 The bill expands the intent element by adding acting either 24 knowingly or recklessly. It also removes a provision that 25 exempted a person who acted with the consent of the animal’s 26 owner. The bill reduces the penalty from an aggravated to a 27 serious misdemeanor for committing animal abuse that does not 28 cause an animal serious injury or death and retains the penalty 29 of aggravated misdemeanor for committing animal abuse that 30 causes an animal serious injury or death. The bill provides 31 that the aggravated misdemeanor may be enhanced to a class “D” 32 felony if the person was previously convicted of one of the 33 named offenses classified as animal mistreatment. 34 TYPES OF PRIMARY OFFENSES —— NEGLECT. Animal neglect 35 -12- LSB 1652XC (3) 88 da/rh 12/ 15

S.F. _____ involves failing to provide an animal with adequate food, 1 water, or shelter, or torturing the animal. The bill rewrites 2 these requirements by requiring that an animal be furnished 3 with adequate supplies of nutritional food, access to potable 4 water, adequate sanitary conditions, ventilated shelter 5 sufficient to provide the animal with protection from extreme 6 weather conditions, and necessary veterinary care. The bill 7 eliminates the torture prohibition. The bill retains the 8 criminal penalty which is a simple misdemeanor. However, the 9 penalty is increased to a serious misdemeanor if the animal 10 suffers an injury and to an aggravated misdemeanor if the 11 animal suffers a serious injury or death. In a case where 12 the animal suffers a serious injury or death, the aggravated 13 misdemeanor may be enhanced to a class “D” felony if the person 14 was previously convicted of one of the named offenses. 15 TYPES OF PRIMARY OFFENSES —— TORTURE. Animal torture 16 involves inflicting upon an animal severe physical pain with 17 depraved or sadistic intent to cause prolonged suffering 18 or death. The bill requires that the act constitute an 19 intentional, knowing, or reckless infliction of prolonged or 20 repeated physical pain that results in suffering and serious 21 injury or death. The bill replaces the current penalties for 22 animal torture. A person is no longer guilty of an aggravated 23 misdemeanor for the first offense and a class “D” felony for 24 a subsequent offense. Instead, a person is guilty of a class 25 “D” felony, which is enhanced to a class “C” felony if the 26 person was previously convicted of one of the named offenses 27 classified as animal mistreatment. The bill also eliminates 28 a requirement that a person convicted of animal torture must 29 submit to psychological evaluation and treatment. 30 TYPES OF NONPRIMARY OFFENSES —— ABANDONMENT. Animal 31 abandonment involves knowingly or recklessly relinquishing 32 custody of an animal at a location in which the person does 33 not hold a legal or equitable interest. There are exceptions 34 in cases of transferring ownership or custody or making 35 -13- LSB 1652XC (3) 88 da/rh 13/ 15

S.F. _____ arrangements for the care of the animal. The criminal penalty 1 is a simple misdemeanor. However, the penalty is increased to 2 a serious misdemeanor if the animal suffers an injury and to an 3 aggravated misdemeanor if the animal suffers a serious injury 4 or death. In a case where the animal suffers a serious injury 5 or death, the aggravated misdemeanor may be enhanced to a class 6 “D” felony if the person was previously convicted of one of the 7 named offenses classified as animal mistreatment. 8 TYPES OF NONPRIMARY OFFENSES —— ENDANGERMENT. Animal 9 endangerment involves confining an animal in a stationary motor 10 vehicle in a manner that exposes the animal to a prolonged 11 period of extreme interior temperature or a long period 12 without adequate ventilation. The criminal penalty is a 13 simple misdemeanor. However, the penalty is increased to a 14 serious misdemeanor if the animal suffers an injury and to an 15 aggravated misdemeanor if the animal suffers a serious injury 16 or death. In a case where the animal suffers a serious injury 17 or death, the aggravated misdemeanor may be enhanced to a class 18 “D” felony if the person was previously convicted of one of the 19 named offenses. 20 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 21 as follows: (1) simple misdemeanor, confinement for no more 22 than 30 days or a fine of at least $65 but not more than $625 or 23 by both; (2) serious misdemeanor, confinement for no more than 24 one year and a fine of at least $315 but not more than $1,875; 25 (3) aggravated misdemeanor, confinement for no more than two 26 years and a fine of at least $625 but not more than $6,250; (4) 27 class “D” felony, confinement for no more than five years and a 28 fine of at least $750 but not more than $7,500; and (5) class 29 “C” felony, confinement for no more than 10 years and a fine of 30 at least $1,000 but not more than $10,000. 31 COURT ORDERS. At the time of conviction for committing 32 any of the primary or nonprimary offenses classified as 33 animal mistreatment, a person may be subject to a court 34 order requiring a psychological or psychiatric evaluation and 35 -14- LSB 1652XC (3) 88 da/rh 14/ 15

S.F. _____ treatment. The person may also be subject to a court order 1 prohibiting the person from owning, possessing, or living with 2 an animal. In each case, the court’s decision to issue an 3 order is discretionary except under certain conditions. A 4 court order requiring an evaluation and treatment is mandatory 5 for juveniles. That order and the order prohibiting contact 6 with animals is also mandatory if the offense is punishable as 7 an aggravated misdemeanor or felony. For a discretionary court 8 order, the period of prohibition is for not less than three 9 years. For a mandatory court order, the period of prohibition 10 is not less than 10 years. 11 ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS —— AND LOCAL 12 ANIMAL WARDENS. The bill provides that a law enforcement 13 officer (e.g., county sheriff or deputy sheriff) or an animal 14 warden (a person employed by local government to enforce the 15 animal control laws) is authorized to rescue an animal from a 16 motor vehicle based upon a reasonable belief that the animal 17 may be suffering distress. The officer or warden must provide 18 a written notice of the rescue. After the rescue, the animal 19 must be maintained as a rescued animal by the local authority 20 until it is claimed or disposed of pursuant to court order. 21 -15- LSB 1652XC (3) 88 da/rh 15/ 15