Senate
File
435
-
Introduced
SENATE
FILE
435
BY
SINCLAIR
A
BILL
FOR
An
Act
providing
that
a
person
does
not
commit
animal
abuse
1
by
acting
in
a
manner
consistent
with
customary
animal
2
practices.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
717B.2,
subsection
2,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
m.
A
person
who
acts
in
a
manner
that
is
3
consistent
with
customary
animal
husbandry
practices.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
amends
a
provision
in
Code
chapter
717B,
which
8
prohibits
the
mistreatment
of
animals.
One
form
of
animal
9
mistreatment
is
animal
abuse
(Code
section
717B.2).
A
10
person
commits
this
offense
when
intentionally,
knowingly,
11
or
recklessly
acting
to
inflict
injury,
serious
injury,
or
12
death
on
an
animal
by
force,
violence,
or
poisoning.
The
bill
13
provides
that
the
offense
does
not
include
an
act
conducted
in
14
a
manner
that
is
consistent
with
customary
animal
husbandry
15
practices.
16
Besides
animal
abuse,
animal
mistreatment
includes
animal
17
neglect
(Code
section
717B.3)
and
animal
torture
(Code
section
18
717B.3A).
Certain
animals
are
exempted
from
these
offenses
19
including
livestock
(Code
chapter
717),
preserve
whitetail
20
game,
wildlife
which
are
not
confined,
and
animals
considered
a
21
nuisance
(Code
section
717B.1(1)).
22
A
number
of
provisions
apply
to
exempt
certain
persons
23
from
the
offense
of
animal
abuse,
including
conduct
by
a
24
veterinarian;
a
person
acting
in
order
to
carry
out
another
25
provision
of
law
allowing
such
conduct;
a
person
taking,
26
hunting,
or
trapping
wildlife;
a
person
acting
to
defend
the
27
person
or
the
person’s
property;
a
local
authority,
such
as
28
a
county,
acting
to
destroy
an
animal
for
humane
purposes;
a
29
research
facility;
and
a
commercial
establishment
acting
to
30
care
for
an
animal
in
accordance
with
an
applicable
standard
31
of
care.
32
A
person
who
commits
animal
abuse
is
subject
to
a
range
33
of
penalties,
including
a
serious
misdemeanor,
aggravated
34
misdemeanor,
or
class
“D”
felony,
depending
upon
the
severity
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of
the
animal’s
injury
caused
by
the
mistreatment
and
whether
1
the
person
previously
committed
an
offense
involving
the
2
mistreatment
of
an
animal.
A
serious
misdemeanor
is
punishable
3
by
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
4
$430
but
not
more
than
$2,560.
An
aggravated
misdemeanor
is
5
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
6
of
at
least
$855
but
not
more
than
$8,540.
A
class
“D”
felony
7
is
punishable
by
confinement
for
no
more
than
five
years
and
a
8
fine
of
at
least
$1,025
but
not
more
than
$10,245.
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