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Senate File 3 - IntroducedA Bill ForAn Act 1prohibiting the mistreatment of certain animals other
2than livestock and wild animals, providing reporting
3requirements, providing for criminal offenses, and including
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 169.21 Animal cruelty report.
21. a. A person who practices veterinary medicine under a
3valid license or temporary permit and who concludes that an
4animal is being subjected to animal cruelty shall complete an
5animal cruelty report and submit the report to a local law
6enforcement agency having jurisdiction to investigate the
7matter. The local law enforcement agency shall file the report
8as provided in section 717B.10.
9b. The board may adopt rules detailing any grounds or
10procedures for making a conclusion that an animal is being
11subjected to animal cruelty. However, the board is precluded
12from concluding that an animal is being subjected to animal
13cruelty if the animal is provided care in a manner that would
14meet the standard of care for that species of animal under
15state law as enforced by the department of agriculture and land
16stewardship and under federal law as enforced by the United
17States department of agriculture. The conclusion must at least
18be based on clinical indications that if true could reasonably
19constitute elements of animal abuse in the first degree as
20described in section 717B.2, subsection 1, animal neglect in
21the first degree as described in section 717B.2B, subsection 1,
22or animal torture as described in section 717B.3A, subsection
231.
24c. Notwithstanding section 169.3, for purposes of this
25section, “animal” means the same as defined in section 717B.1.
262. A report shall include, to every extent known by the
27person completing the report, all of the following:
28a. The name and description of the animal.
29b. The address and contact information of the owner or other
30person responsible for the care of the animal.
31c. A description of the nature and extent of the indications
32of animal cruelty.
33d. Any evidence indicating that the animal has been
34subjected to animal cruelty previously.
35e. Any other information required by the local law
-1-1enforcement agency that may be of value in conducting a
2criminal investigation.
33. The board may prepare and distribute a form for use
4by a person completing and submitting a report under this
5section and by a local law enforcement agency filing the
6report under section 717B.10. The form shall replace the
7information required to be completed in subsection 2. However,
8the report must at least require the completion of information
9necessary for a law enforcement officer to interview the person
10submitting the report and conduct an investigation regarding
11the commission of a public offense described in subsection
121. The board may consult the department of public safety when
13preparing the form and may provide the form to the department
14of agriculture and land stewardship or the department of public
15safety for publication on the internet site of the respective
16department.
174. A person participating in good faith in reporting,
18cooperating with, or assisting a local law enforcement agency
19in evaluating a case of animal cruelty has immunity from
20criminal or civil liability or administrative disciplinary
21action which might otherwise be incurred or imposed based upon
22the act of making the report or giving the assistance. The
23person has the same immunity with respect to participating in
24good faith in a judicial proceeding resulting from the report,
25cooperation, or assistance or relating to the subject matter of
26the report, cooperation, or assistance.
27 Sec. 2. Section 717B.1, Code 2019, is amended by adding the
28following new subsections:
29 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
30pleads guilty to, or is sentenced or adjudicated delinquent
31for an act which is an indictable offense in this state or in
32another state, including but not limited to a juvenile who has
33been adjudicated delinquent, whether or not the juvenile court
34records have been sealed under section 232.150, and a person
35who has received a deferred sentence or a deferred judgment or
-2-1has been acquitted by reason of insanity.
2b. “Convicted” includes the conviction of a juvenile
3prosecuted as an adult. “Convicted” also includes a conviction
4for an attempt or conspiracy to commit an offense.
5c. “Convicted” does not mean a plea, sentence, adjudication,
6deferred sentence, or deferred judgment which has been reversed
7or otherwise set aside.
8 NEW SUBSECTION. 4A. “Injury” means an impairment to an
9animal’s health or functions, including physical damage or harm
10to an animal’s muscle, tissue, organs, bones, hide, or skin,
11that causes the animal to suffer pain.
12 NEW SUBSECTION. 6A. “Local law enforcement agency” means
13an entity established as part of a local authority to serve as
14a police force responsible for the prevention and detection of
15crime and enforcement of the criminal laws of this state.
16 NEW SUBSECTION. 8A. “Serious injury” means an injury that
17creates a substantial risk of death or that causes protracted
18disfigurement, protracted impairment of health, or protracted
19loss or impairment of the function of a limb or organ.
20 Sec. 3. Section 717B.1, subsection 9, Code 2019, is amended
21to read as follows:
229. “Threatened animal” means an animal that is abused as
23provided suffers mistreatment due to animal abuse as described
24 in section 717B.2 or 717B.2A, neglected animal neglect as
25provided described in section 717B.2B or 717B.3, or tortured
26 animal torture as provided described in section 717B.3A,
27animal abandonment as described in section 717B.3B, or animal
28endangerment as described in section 717B.3C.
29 Sec. 4. Section 717B.2, Code 2019, is amended to read as
30follows:
31717B.2 Animal abuse in the first degree — penalties.
321. A person is guilty of animal abuse if the person
33intentionally injures, maims, disfigures, or destroys an animal
34owned by another person, in any manner, including intentionally
35poisoning the animal commits animal abuse in the first degree
-3-1when the person knowingly or recklessly causes serious injury
2or death to an animal by force, violence, or poisoning. A
3person guilty of animal abuse is guilty of an aggravated
4misdemeanor.
52. This section shall not apply to conduct engaged in by any
6of the following:
71. A person acting with the consent of the person owning
8the animal, unless the action constitutes animal neglect as
9provided in section 717B.3.
102. a. A person acting to carry out an order issued by a
11court.
123. b. A licensed veterinarian practicing veterinary
13medicine as provided in chapter 169.
144. c. A person acting in order to carry out another
15provision of law which allows the conduct.
165. d. A person taking, hunting, trapping, or fishing for a
17wild animal as provided in chapter 481A.
186. e. A person acting to protect the person’s property from
19a wild animal as defined in section 481A.1.
207. f. A person acting to protect a person from injury or
21death caused by a wild animal as defined in section 481A.1.
228. g. A person reasonably acting to protect the person’s
23property from damage caused by an unconfined animal.
249. h. A person reasonably acting to protect a person from
25injury or death caused by an unconfined animal.
2610. i. A local authority reasonably acting to destroy an
27animal, if at the time of the destruction, the owner of the
28animal is absent or unable to care for the animal, and the
29animal is permanently distressed by disease or injury to a
30degree that would result in severe and prolonged suffering.
3111. j. A research facility, as defined in section 162.2,
32provided that the research facility performs functions within
33the scope of accepted practices and disciplines associated with
34the research facility.
353. A person who commits animal abuse in the first degree is
-4-1guilty of an aggravated misdemeanor.
24. Notwithstanding subsection 3, a person who commits
3animal abuse in the first degree is guilty of a class “D”
4felony under any of the following circumstances:
5a. The offense was committed by an adult when a juvenile was
6physically present.
7b. The person has previously been convicted of any of the
8following:
9(1) Animal abuse pursuant to this section or section
10717B.2A, animal neglect pursuant to section 717B.2B or 717B.3,
11animal torture pursuant to section 717B.3A, animal abandonment
12pursuant to section 717B.3B, animal endangerment pursuant
13to section 717B.3C, injury or interference with a police
14service dog pursuant to section 717B.9, bestiality pursuant to
15section 717C.1, or committing an act involving a contest event
16prohibited in section 717D.2.
17(2) An offense under any other state’s statute
18substantially corresponding to an offense described in
19subparagraph (1). The court shall judicially notice
20the statute of another state which defines such offense
21substantially equivalent to an offense described in
22subparagraph (1) and can therefore be considered a
23corresponding statute.
24 Sec. 5. NEW SECTION. 717B.2A Animal abuse in the second
25degree — penalties.
261. A person commits animal abuse in the second degree when
27the person knowingly or recklessly causes injury to an animal
28by force, violence, or poisoning.
292. This section shall not apply to conduct engaged in by a
30person described in section 717B.2, subsection 2.
313. A person who commits animal abuse in the second degree is
32guilty of a serious misdemeanor.
334. Notwithstanding subsection 3, a person who commits
34animal abuse in the second degree is guilty of an aggravated
35misdemeanor under any of the following circumstances:
-5- 1a. The offense was committed by an adult when a juvenile was
2physically present.
3b. The person has previously been convicted of any of the
4following:
5(1) Animal abuse pursuant to section 717B.2 or this section,
6animal neglect pursuant to section 717B.2B or 717B.3, animal
7torture pursuant to section 717B.3A, animal abandonment
8pursuant to section 717B.3B, animal endangerment pursuant
9to section 717B.3C, injury or interference with a police
10service dog pursuant to section 717B.9, bestiality pursuant to
11section 717C.1, or committing an act involving a contest event
12prohibited in section 717D.2.
13(2) An offense under any other state’s statute
14substantially corresponding to an offense described in
15subparagraph (1). The court shall judicially notice
16the statute of another state which defines such offense
17substantially equivalent to an offense described in
18subparagraph (1) and can therefore be considered a
19corresponding statute.
20 Sec. 6. NEW SECTION. 717B.2B Animal neglect in the first
21degree — penalties.
221. A person commits animal neglect in the first degree
23when the person owns or has custody of an animal, confines
24that animal, and causes the animal to suffer serious injury or
25death, by failing to reasonably provide any of the following:
26a. Access to food in an amount and quality sufficient to
27satisfy the animal’s basic nutrition level.
28b. Access to a supply of potable water in an amount
29sufficient to satisfy the animal’s basic hydration level.
30Access to snow or ice does not satisfy this requirement.
31c. Sanitary conditions free from excessive animal waste or
32the overcrowding of animals.
33d. Adequate shelter sufficient to provide the animal with
34protection from extreme weather conditions, including but not
35limited to sun, wind, rain, snow, ice, or standing water.
-6- 1e. Veterinary care deemed necessary by a reasonably prudent
2person to relieve an animal’s distress from a condition caused
3by failing to provide for the animal’s welfare as described in
4paragraphs “a” through “d”.
52. This section does not apply to any of the following:
6a. A person acting to carry out another provision of law
7which allows the conduct.
8b. A research facility, as defined in section 162.2,
9provided that the research facility performs functions within
10the scope of accepted practices and disciplines associated with
11the research facility.
123. A person who commits animal neglect in the first degree
13is guilty of an aggravated misdemeanor.
144. Notwithstanding subsection 3, a person who commits
15animal neglect in the first degree is guilty of a class “D”
16felony under any of the following circumstances:
17a. The offense was committed by an adult when a juvenile was
18physically present.
19b. The person has previously been convicted of any of the
20following:
21(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
22animal neglect pursuant to this section or section 717B.3,
23animal torture pursuant to section 717B.3A, animal abandonment
24pursuant to section 717B.3B, animal endangerment pursuant
25to section 717B.3C, injury or interference with a police
26service dog pursuant to section 717B.9, bestiality pursuant to
27section 717C.1, or committing an act involving a contest event
28prohibited in section 717D.2.
29(2) An offense under any other state’s statute
30substantially corresponding to an offense described in
31subparagraph (1). The court shall judicially notice
32the statute of another state which defines such offense
33substantially equivalent to an offense described in
34subparagraph (1) and can therefore be considered a
35corresponding statute.
-7-1 Sec. 7. Section 717B.3, Code 2019, is amended to read as
2follows:
3717B.3 Animal neglect in the second degree — penalties.
41. A person who impounds or commits animal neglect in the
5second degree when the person owns or has custody of an animal,
6 confines, in any place, an that animal is guilty of animal
7neglect if the person does, and fails to reasonably provide the
8animal with any of the following:
9a. Fails to supply the animal during confinement with a
10sufficient quantity of food or water. Access to food in an
11amount and quality sufficient to satisfy the animal’s basic
12nutrition level.
13b. Fails to provide a confined dog or cat with adequate
14shelter. Access to a supply of potable water in an amount
15sufficient to satisfy the animal’s basic hydration level.
16Access to snow or ice does not satisfy this requirement.
17c. Tortures, deprives of necessary sustenance, mutilates,
18beats, or kills an animal by any means which causes unjustified
19pain, distress, or suffering. Sanitary conditions free from
20excessive animal waste or the overcrowding of animals.
21d. Adequate shelter sufficient to provide the animal with
22protection from extreme weather conditions, including but not
23limited to sun, wind, rain, snow, ice, or standing water.
24e. Veterinary care deemed necessary by a reasonably prudent
25person to relieve an animal’s distress from a condition caused
26by failing to provide for the animal’s welfare as described in
27paragraphs “a” through “d”.
282. This section does not apply to a any of the following:
29a. A person acting to carry out another provision of law
30which allows the conduct.
31b. Aresearch facility, as defined in section 162.2,
32provided that the research facility performs functions within
33the scope of accepted practices and disciplines associated with
34the research facility.
353. A person who negligently or intentionally commits the
-8-1offense of animal neglect in the second degree is guilty of
2a simple serious misdemeanor. A person who intentionally
3commits the offense of animal neglect which results in serious
4injury to or the death of an animal is guilty of a serious
5misdemeanor.
64. Notwithstanding subsection 3, a person who commits
7animal neglect in the second degree is guilty of an aggravated
8misdemeanor under any of the following circumstances:
9a. The offense was committed by an adult when a juvenile was
10physically present.
11b. The person has previously been convicted of any of the
12following:
13(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
14animal neglect pursuant to section 717B.2B or this section,
15animal torture pursuant to section 717B.3A, animal abandonment
16pursuant to section 717B.3B, animal endangerment pursuant
17to section 717B.3C, injury or interference with a police
18service dog pursuant to section 717B.9, bestiality pursuant to
19section 717C.1, or committing an act involving a contest event
20prohibited in section 717D.2.
21(2) An offense under any other state’s statute
22substantially corresponding to an offense described in
23subparagraph (1). The court shall judicially notice
24the statute of another state which defines such offense
25substantially equivalent to an offense described in
26subparagraph (1) and can therefore be considered a
27corresponding statute.
28 Sec. 8. Section 717B.3A, Code 2019, is amended to read as
29follows:
30717B.3A Animal torture — penalties.
311. A person is guilty of commits animal torture, regardless
32of whether the person is the owner of the animal, if when
33 the person inflicts upon the animal severe and prolonged or
34repeated physical pain with a depraved or sadistic intent to
35cause that results in the animal’s prolonged suffering and
-9-1serious injury or death.
22. This section shall not apply to conduct engaged in by any
3of the following:
4a. A person acting to carry out an order issued by a court.
5b. A licensed veterinarian practicing veterinary medicine as
6provided in chapter 169.
7c. A person carrying out a practice that is consistent with
8animal husbandry practices.
9d. A person acting in order to carry out another provision
10of law which allows the conduct.
11e. A person taking, hunting, trapping, or fishing for a wild
12animal as provided in chapter 481A.
13f. A person acting to protect the person’s property from a
14wild animal as defined in section 481A.1.
15g. A person acting to protect a person from injury or death
16caused by a wild animal as defined in section 481A.1.
17h. A person reasonably acting to protect the person’s
18property from damage caused by an unconfined animal.
19i. A person reasonably acting to protect a person from
20injury or death caused by an unconfined animal.
21j. A local authority reasonably acting to destroy an animal,
22if at the time of the destruction, the owner of the animal is
23absent or unable to care for the animal, and the animal is
24permanently distressed by disease or injury to a degree that
25would result in severe and prolonged suffering.
26k. A research facility, as defined in section 162.2,
27provided that the research facility performs functions within
28the scope of accepted practices and disciplines associated with
29the research facility.
303. a. The following shall apply to a person who commits
31animal torture:
32(1) For the first conviction, the person is guilty of an
33aggravated misdemeanor. The sentencing order shall provide
34that the person submit to psychological evaluation and
35treatment according to terms required by the court. The costs
-10-1of the evaluation and treatment shall be paid by the person.
2In addition, the sentencing order shall provide that the person
3complete a community work requirement, which may include a work
4requirement performed at an animal shelter or pound, as defined
5in section 162.2, according to terms required by the court.
6(2) For a second or subsequent conviction, the person is
7guilty of a class “D” felony. The sentencing order shall
8provide that the person submit to psychological evaluation and
9treatment according to terms required by the court. The costs
10of the psychological evaluation and treatment shall be paid by
11the person.
12b. The juvenile court shall have exclusive original
13jurisdiction in a proceeding concerning a child who is alleged
14to have committed animal torture, in the manner provided in
15section 232.8. The juvenile court shall not waive jurisdiction
16in a proceeding concerning an offense alleged to have been
17committed by a child under the age of seventeen.
184. A person who commits animal torture is guilty of a class
19“D” felony.
205. Notwithstanding subsection 4, a person who commits
21animal torture is guilty of a class “C” felony under any of the
22following circumstances:
23a. The offense was committed by an adult when a juvenile was
24physically present.
25b. The person has previously been convicted of any of the
26following:
27(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
28animal neglect pursuant to section 717B.2B or 717B.3, animal
29torture pursuant to this section, animal abandonment pursuant
30to section 717B.3B, animal endangerment pursuant to section
31717B.3C, injury or interference with a police service dog
32pursuant to section 717B.9, bestiality pursuant to section
33717C.1, or committing an act involving a contest event
34prohibited in section 717D.2.
35(2) An offense under any other state’s statute
-11-1substantially corresponding to an offense described in
2subparagraph (1). The court shall judicially notice
3the statute of another state which defines such offense
4substantially equivalent to an offense described in
5subparagraph (1) and can therefore be considered a
6corresponding statute.
7 Sec. 9. NEW SECTION. 717B.3B Animal abandonment —
8penalties.
91. A person commits animal abandonment when the person does
10all of the following:
11a. Knowingly or recklessly relinquishes custody of an animal
12at a location in which the person does not hold a legal or
13equitable interest.
14b. Fails to do any of the following:
15(1) Legally transfer the animal to another person.
16(2) Make reasonable arrangements for the transfer of
17custody of the animal to a person who agrees to assume custody
18of the animal.
19(3) Make other reasonable arrangements for the care of the
20animal in a manner that would not constitute animal neglect in
21the first degree under section 717B.2B, subsection 1.
222. A person who commits animal abandonment is guilty of a
23simple misdemeanor.
243. Notwithstanding subsection 2, a person who commits
25animal abandonment is guilty of a serious misdemeanor under any
26of the following circumstances:
27a. The offense was committed by an adult when a juvenile was
28physically present.
29b. The person has previously been convicted of any of the
30following:
31(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
32animal neglect pursuant to section 717B.2B or 717B.3, animal
33torture pursuant to section 717B.3A, animal abandonment
34pursuant to this section, animal endangerment pursuant to
35section 717B.3C, injury or interference with a police service
-12-1dog pursuant to section 717B.9, bestiality pursuant to
2section 717C.1, or committing an act involving a contest event
3prohibited in section 717D.2.
4(2) An offense under any other state’s statute
5substantially corresponding to an offense described in
6subparagraph (1). The court shall judicially notice
7the statute of another state which defines such offense
8substantially equivalent to an offense described in
9subparagraph (1) and can therefore be considered a
10corresponding statute.
11 Sec. 10. NEW SECTION. 717B.3C Animal endangerment —
12penalties.
131. A person commits animal endangerment when the person
14confines an animal in a stationary motor vehicle in a manner
15that endangers the health or life of the animal by exposing the
16animal to a prolonged period of extreme interior temperature or
17a long period without adequate ventilation.
182. A person who commits animal endangerment is guilty of a
19simple misdemeanor.
203. Notwithstanding subsection 2, a person who commits
21animal endangerment is guilty of a serious misdemeanor under
22any of the following circumstances:
23a. The offense was committed by an adult when a juvenile was
24physically present.
25b. The person has previously been convicted of any of the
26following:
27(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
28animal neglect pursuant to section 717B.2B or 717B.3, animal
29torture pursuant to section 717B.3A, animal abandonment
30pursuant to section 717B.3B, animal endangerment pursuant to
31this section, injury or interference with a police service
32dog pursuant to section 717B.9, bestiality pursuant to
33section 717C.1, or committing an act involving a contest event
34prohibited in section 717D.2.
35(2) An offense under any other state’s statute
-13-1substantially corresponding to an offense described in
2subparagraph (1). The court shall judicially notice
3the statute of another state which defines such offense
4substantially equivalent to an offense described in
5subparagraph (1) and can therefore be considered a
6corresponding statute.
7 Sec. 11. NEW SECTION. 717B.3D Animal mistreatment — court
8order — evaluation and treatment.
91. At the time of a person’s conviction for a public
10offense committed under this chapter, a court may enter an
11order requiring the person to undergo a psychological or
12psychiatric evaluation and to undergo any treatment that the
13court determines to be appropriate after due consideration of
14the evaluation. However, the court shall enter such an order
15if the convicted person is any of the following:
16a. A juvenile.
17b. An adult committing animal abuse pursuant to section
18717B.2 or 717B.2A, animal neglect in the first degree pursuant
19to section 717B.2B, animal neglect in the second degree
20punishable as an aggravated misdemeanor pursuant to section
21717B.3, or animal torture pursuant to section 717B.3A.
222. The costs of undergoing a psychological or psychiatric
23evaluation and undergoing any treatment ordered by the court
24shall be borne by the convicted person, unless the person is
25a juvenile.
263. An order made under this section is in addition to any
27other order or sentence of the court.
284. Any violation of the court order shall be punished as
29contempt of court pursuant to chapter 665.
30 Sec. 12. NEW SECTION. 717B.3E Animal mistreatment —
31sentencing order — prohibitions.
321. At the time of a person’s sentencing for a public offense
33committed under this chapter, a court may prohibit the person
34from owning or obtaining custody of an animal belonging to
35the same taxonomic genus as the animal that the defendant is
-14-1convicted of mistreating, or residing in the same dwelling
2where such animal is kept. The period of the prohibition shall
3be not less than one but not more than five years.
42. Notwithstanding subsection 1, the court shall enter such
5an order if the convicted person has committed animal abuse
6pursuant to section 717B.2 or 717B.2A, animal neglect in the
7first degree pursuant to section 717B.2B, animal neglect in the
8second degree punishable as an aggravated misdemeanor pursuant
9to section 717B.3, or animal torture pursuant to section
10717B.3A. The period of such prohibition shall be as follows:
11a. For an aggravated misdemeanor, from one to five years.
12b. For a class “D” felony, from five to fifteen years.
13c. For a class “C” felony, for life.
143. The duration of a prohibition described in this
15section commences on the date that the person is placed on
16probation, released on parole or work release, or released from
17incarceration or from placement in a juvenile facility.
184. An order made pursuant to this section is in addition to
19any other order or sentence of the court.
205. Any violation of the court order described in this
21section is a public offense and shall be punished as a simple
22misdemeanor.
23 Sec. 13. Section 717B.5, subsection 1, Code 2019, is amended
24to read as follows:
251. The rescue must be made by a law enforcement officer
26having cause to believe that the animal is a threatened animal
27after consulting with a veterinarian licensed pursuant to
28chapter 169. An animal cruelty report filed with a local
29law enforcement agency pursuant to section 717B.10 is not a
30substitute for consulting with a licensed veterinarian. The
31law enforcement officer may rescue the animal by entering on
32public or private property, as provided in this subsection.
33The law enforcement officer may enter onto property of a person
34to rescue the animal if the officer obtains a search warrant
35issued by a court, or enters onto the premises in a manner
-15-1consistent with the laws of this state and the United States,
2including Article I, section 8, of the Constitution of the
3State of Iowa, or the fourth amendment to the Constitution of
4the United States.
5 Sec. 14. NEW SECTION. 717B.5A Rescue — motor vehicles.
61. A law enforcement officer may rescue an animal from a
7stationary motor vehicle, including through the use of forced
8entrance, if the law enforcement officer reasonably believes
9that the animal may be suffering distress due to exposure to
10extreme interior temperature or a lack of adequate ventilation.
11The law enforcement officer’s action is justified regardless
12of whether the law enforcement officer observed indications
13of distress or whether the person could be charged with or
14convicted of committing a public offense.
152. The law enforcement officer shall provide written
16notice of the rescue to the animal’s responsible party. This
17requirement is satisfied by placing the notice in a conspicuous
18place located within the motor vehicle. The notice must state
19where the rescued animal may be claimed.
203. The local authority shall provide for the maintenance
21of the rescued animal as if it were a threatened animal under
22section 717B.5. However, a dispositional proceeding under
23section 717B.4 is not required if within ten days after the
24date of the animal’s rescue the responsible party claims the
25animal from the local authority. In order to claim the animal,
26the responsible party must reimburse the local authority for
27all reasonable costs that accrued from rescuing and maintaining
28the animal.
29 Sec. 15. NEW SECTION. 717B.10 Reports.
301. A local law enforcement agency shall accept and file
31an animal cruelty report submitted by a person as provided in
32section 169.21. The report may be used as the basis for an
33investigation or criminal complaint or information under this
34chapter, or for determining whether to perform a rescue under
35section 717B.5.
-16- 12. a. A local law enforcement agency shall file a child
2endangerment alert report with the department of human services
3if all of the following apply:
4(1) A law enforcement officer employed by the law
5enforcement agency conducts an investigation of a suspected
6offense of animal abuse as described in section 717B.2 or
7717B.2A, animal neglect as described in section 717B.2B or
8717B.3, or animal torture as described in section 717B.3A.
9(2) The law enforcement officer reasonably believes that a
10minor child of the subject of the investigation witnessed the
11commission of the offense.
12b. The report shall be filed in a manner and according to
13procedures required by the department of human services.
14c. The report shall be a confidential record in the same
15manner as a peace officer’s investigative report under section
1622.7, subsection 5.
17 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection
183, shall not apply to this Act.
19 Sec. 17. REPEAL. Section 717B.8, Code 2016, is repealed.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23GENERAL. This bill amends Code chapter 717B prohibiting
24the mistreatment of certain animals, including dogs and cats,
25but excluding other animals such as livestock (Code chapter
26717); game, fur-bearing animals, fish, reptiles, or amphibians
27(Code chapter 481A), unless such animal is owned, confined,
28or controlled by a person; or a nongame animal declared to be
29a nuisance by the natural resource commission (Code section
30481A.42).
31There are seven amended or new criminal offenses, including
32animal abuse in the first or second degree (amended Code
33section 717B.2 and new Code section 717B.2A), animal neglect
34in the first or second degree (new Code section 717B.2B
35and amended Code section 717B.3), animal torture (amended
-17-1Code section 717B.3A), animal abandonment (new Code section
2717B.3B), and animal endangerment (new Code section 717B.3C).
3 Each of the amended or new offenses includes an enhanced
4penalty that applies to a convicted person in either of two
5situations: (1) the person is an adult who committed the
6offense in the presence of a juvenile or (2) the person has
7previously committed any of the offenses previously described;
8committed injury or interference with a police service dog
9(Code section 717B.9); committed bestiality (Code section
10717C.1); committed an offense involving an animal contest (Code
11section 717D.4); or committed any similar offense in another
12state.
13TYPES OF CRIMINAL OFFENSES — ABUSE, NEGLECT, OR TORTURE.
14Animal abuse involves injuring an animal by violence or
15poisoning; animal neglect involves failing to provide an animal
16with adequate food, water, habitable conditions, or necessary
17veterinary care; and animal torture involves inflicting upon
18the animal severe and prolonged or repeated physical pain. For
19animal abuse in the first degree, animal neglect in the first
20degree, or animal torture, the animal must suffer a serious
21injury or death. Serious injury involves a substantial risk
22of death, protracted disfigurement, impairment, or a loss or
23impairment of a limb. For animal abuse in the second degree,
24the animal must suffer an injury meaning some impairment to the
25animal’s health or functions. For animal neglect in the second
26degree, an injury or death element is not required. For these
27offenses, the criminal penalties are as follows: (1) animal
28abuse in the first degree, an aggravated misdemeanor which may
29be enhanced to a class “D” felony; (2) animal abuse in the
30second degree, a serious misdemeanor which may be enhanced to
31an aggravated misdemeanor; (3) animal neglect in the first
32degree, an aggravated misdemeanor which may be enhanced to a
33class “D” felony; (4) animal neglect in the second degree, a
34serious misdemeanor which may be enhanced to an aggravated
35misdemeanor; and (5) animal torture, a class “D” felony which
-18-1may be enhanced to a class “C” felony.
2A number of exceptions apply to the animal abuse and animal
3torture offenses, including carrying out (1) a court order; (2)
4a veterinary practice; (3) a good animal husbandry practice;
5(4) another provision of law; (5) legally hunting, trapping,
6or fishing; (6) a defense of property or life; (7) conduct
7by a local authority; and (8) research activities. The bill
8eliminates a provision in the current Code section prohibiting
9animal abuse that excepts from culpability the animal’s owner
10or a person acting with the owner’s consent. The bill also
11eliminates an element of animal torture that requires proof of
12sadistic or depraved intent.
13TYPES OF CRIMINAL OFFENSES — ANIMAL ABANDONMENT AND ANIMAL
14ENDANGERMENT. For animal abandonment, a person must knowingly
15or recklessly relinquish custody of an animal, and then fail
16to provide for its legal transfer or make arrangements for its
17care. For animal endangerment, a person must confine an animal
18in a stationary motor vehicle in a manner that endangers the
19health or life of the animal. For these last two offenses, the
20criminal penalties are the same: a simple misdemeanor which
21may be enhanced to a serious misdemeanor.
22APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
23as follows: (1) simple misdemeanor, confinement for no more
24than 30 days or a fine of at least $65 but not more than $625 or
25by both; (2) serious misdemeanor, confinement for no more than
26one year and a fine of at least $315 but not more than $1,875;
27(3) aggravated misdemeanor, confinement for no more than two
28years and a fine of at least $625 but not more than $6,250; (4)
29class “D” felony, confinement for no more than five years and a
30fine of at least $750 but not more than $7,500; and (5) class
31“C” felony, confinement for no more than 10 years and a fine of
32at least $1,000 but not more than $10,000.
33COURT ORDERS. At the time of conviction for committing
34any of the offenses, a person may be subject to a court order
35requiring a psychological or psychiatric evaluation and
-19-1treatment. The person may also be subject to a court order
2prohibiting the person from owning, possessing, or living with
3an animal of the same genus as the mistreated animal. In each
4case, the court’s decision to issue an order is discretionary
5except under certain conditions. A court order requiring an
6evaluation and treatment is mandatory for juveniles. That
7order and the order prohibiting contact with animals is
8also mandatory if the offense is punishable as an aggravated
9misdemeanor or felony. For a discretionary court order,
10the period of prohibition is from one to five years. For a
11mandatory court order, the period of prohibition is as follows:
12(1) one to five years for an aggravated misdemeanor, (2) 5 to
1315 years for a class “D” felony, and (3) life for a class “C”
14felony.
15ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS. A law
16enforcement officer (e.g., county sheriff or deputy sheriff)
17is authorized to rescue an animal from a motor vehicle based
18upon the officer’s reasonable belief that the animal may be
19suffering distress. The officer must provide a written notice
20of the rescue. After the rescue, the animal must be maintained
21as a rescued animal by the local authority until it is claimed
22or disposed of pursuant to court order.
23MANDATORY REPORTING — VETERINARIANS TO LOCAL LAW
24ENFORCEMENT AGENCIES. A veterinarian is required to report
25cases in which an animal may have suffered a serious injury due
26to animal abuse, animal neglect, or animal torture. The board
27of veterinary medicine may prescribe the form of the report.
28The report must be submitted to the local law enforcement
29agency having jurisdiction of the matter.
30MANDATORY REPORTING — LOCAL LAW ENFORCEMENT AGENCIES TO THE
31DEPARTMENT OF HUMAN SERVICES. A local law enforcement agency
32must submit a report to the department of human services if a
33law enforcement officer conducts an investigation involving
34animal abuse, animal neglect, or animal torture and reasonably
35believes a minor child of the subject of the investigation
-20-1witnessed the offense being committed.
2STATE MANDATE. The bill may include a state mandate as
3defined in Code section 25B.3. The bill makes inapplicable
4Code section 25B.2, subsection 3, which would relieve a
5political subdivision from complying with a state mandate if
6funding for the cost of the state mandate is not provided or
7specified. Therefore, political subdivisions are required to
8comply with any state mandate included in the bill.
-21-da/rn
2than livestock and wild animals, providing reporting
3requirements, providing for criminal offenses, and including
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 169.21 Animal cruelty report.
21. a. A person who practices veterinary medicine under a
3valid license or temporary permit and who concludes that an
4animal is being subjected to animal cruelty shall complete an
5animal cruelty report and submit the report to a local law
6enforcement agency having jurisdiction to investigate the
7matter. The local law enforcement agency shall file the report
8as provided in section 717B.10.
9b. The board may adopt rules detailing any grounds or
10procedures for making a conclusion that an animal is being
11subjected to animal cruelty. However, the board is precluded
12from concluding that an animal is being subjected to animal
13cruelty if the animal is provided care in a manner that would
14meet the standard of care for that species of animal under
15state law as enforced by the department of agriculture and land
16stewardship and under federal law as enforced by the United
17States department of agriculture. The conclusion must at least
18be based on clinical indications that if true could reasonably
19constitute elements of animal abuse in the first degree as
20described in section 717B.2, subsection 1, animal neglect in
21the first degree as described in section 717B.2B, subsection 1,
22or animal torture as described in section 717B.3A, subsection
231.
24c. Notwithstanding section 169.3, for purposes of this
25section, “animal” means the same as defined in section 717B.1.
262. A report shall include, to every extent known by the
27person completing the report, all of the following:
28a. The name and description of the animal.
29b. The address and contact information of the owner or other
30person responsible for the care of the animal.
31c. A description of the nature and extent of the indications
32of animal cruelty.
33d. Any evidence indicating that the animal has been
34subjected to animal cruelty previously.
35e. Any other information required by the local law
-1-1enforcement agency that may be of value in conducting a
2criminal investigation.
33. The board may prepare and distribute a form for use
4by a person completing and submitting a report under this
5section and by a local law enforcement agency filing the
6report under section 717B.10. The form shall replace the
7information required to be completed in subsection 2. However,
8the report must at least require the completion of information
9necessary for a law enforcement officer to interview the person
10submitting the report and conduct an investigation regarding
11the commission of a public offense described in subsection
121. The board may consult the department of public safety when
13preparing the form and may provide the form to the department
14of agriculture and land stewardship or the department of public
15safety for publication on the internet site of the respective
16department.
174. A person participating in good faith in reporting,
18cooperating with, or assisting a local law enforcement agency
19in evaluating a case of animal cruelty has immunity from
20criminal or civil liability or administrative disciplinary
21action which might otherwise be incurred or imposed based upon
22the act of making the report or giving the assistance. The
23person has the same immunity with respect to participating in
24good faith in a judicial proceeding resulting from the report,
25cooperation, or assistance or relating to the subject matter of
26the report, cooperation, or assistance.
27 Sec. 2. Section 717B.1, Code 2019, is amended by adding the
28following new subsections:
29 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
30pleads guilty to, or is sentenced or adjudicated delinquent
31for an act which is an indictable offense in this state or in
32another state, including but not limited to a juvenile who has
33been adjudicated delinquent, whether or not the juvenile court
34records have been sealed under section 232.150, and a person
35who has received a deferred sentence or a deferred judgment or
-2-1has been acquitted by reason of insanity.
2b. “Convicted” includes the conviction of a juvenile
3prosecuted as an adult. “Convicted” also includes a conviction
4for an attempt or conspiracy to commit an offense.
5c. “Convicted” does not mean a plea, sentence, adjudication,
6deferred sentence, or deferred judgment which has been reversed
7or otherwise set aside.
8 NEW SUBSECTION. 4A. “Injury” means an impairment to an
9animal’s health or functions, including physical damage or harm
10to an animal’s muscle, tissue, organs, bones, hide, or skin,
11that causes the animal to suffer pain.
12 NEW SUBSECTION. 6A. “Local law enforcement agency” means
13an entity established as part of a local authority to serve as
14a police force responsible for the prevention and detection of
15crime and enforcement of the criminal laws of this state.
16 NEW SUBSECTION. 8A. “Serious injury” means an injury that
17creates a substantial risk of death or that causes protracted
18disfigurement, protracted impairment of health, or protracted
19loss or impairment of the function of a limb or organ.
20 Sec. 3. Section 717B.1, subsection 9, Code 2019, is amended
21to read as follows:
229. “Threatened animal” means an animal that is abused as
23provided suffers mistreatment due to animal abuse as described
24 in section 717B.2 or 717B.2A, neglected animal neglect as
25provided described in section 717B.2B or 717B.3, or tortured
26 animal torture as provided described in section 717B.3A,
27animal abandonment as described in section 717B.3B, or animal
28endangerment as described in section 717B.3C.
29 Sec. 4. Section 717B.2, Code 2019, is amended to read as
30follows:
31717B.2 Animal abuse in the first degree — penalties.
321. A person is guilty of animal abuse if the person
33intentionally injures, maims, disfigures, or destroys an animal
34owned by another person, in any manner, including intentionally
35poisoning the animal commits animal abuse in the first degree
-3-1when the person knowingly or recklessly causes serious injury
2or death to an animal by force, violence, or poisoning. A
3person guilty of animal abuse is guilty of an aggravated
4misdemeanor.
52. This section shall not apply to conduct engaged in by any
6of the following:
71. A person acting with the consent of the person owning
8the animal, unless the action constitutes animal neglect as
9provided in section 717B.3.
102. a. A person acting to carry out an order issued by a
11court.
123. b. A licensed veterinarian practicing veterinary
13medicine as provided in chapter 169.
144. c. A person acting in order to carry out another
15provision of law which allows the conduct.
165. d. A person taking, hunting, trapping, or fishing for a
17wild animal as provided in chapter 481A.
186. e. A person acting to protect the person’s property from
19a wild animal as defined in section 481A.1.
207. f. A person acting to protect a person from injury or
21death caused by a wild animal as defined in section 481A.1.
228. g. A person reasonably acting to protect the person’s
23property from damage caused by an unconfined animal.
249. h. A person reasonably acting to protect a person from
25injury or death caused by an unconfined animal.
2610. i. A local authority reasonably acting to destroy an
27animal, if at the time of the destruction, the owner of the
28animal is absent or unable to care for the animal, and the
29animal is permanently distressed by disease or injury to a
30degree that would result in severe and prolonged suffering.
3111. j. A research facility, as defined in section 162.2,
32provided that the research facility performs functions within
33the scope of accepted practices and disciplines associated with
34the research facility.
353. A person who commits animal abuse in the first degree is
-4-1guilty of an aggravated misdemeanor.
24. Notwithstanding subsection 3, a person who commits
3animal abuse in the first degree is guilty of a class “D”
4felony under any of the following circumstances:
5a. The offense was committed by an adult when a juvenile was
6physically present.
7b. The person has previously been convicted of any of the
8following:
9(1) Animal abuse pursuant to this section or section
10717B.2A, animal neglect pursuant to section 717B.2B or 717B.3,
11animal torture pursuant to section 717B.3A, animal abandonment
12pursuant to section 717B.3B, animal endangerment pursuant
13to section 717B.3C, injury or interference with a police
14service dog pursuant to section 717B.9, bestiality pursuant to
15section 717C.1, or committing an act involving a contest event
16prohibited in section 717D.2.
17(2) An offense under any other state’s statute
18substantially corresponding to an offense described in
19subparagraph (1). The court shall judicially notice
20the statute of another state which defines such offense
21substantially equivalent to an offense described in
22subparagraph (1) and can therefore be considered a
23corresponding statute.
24 Sec. 5. NEW SECTION. 717B.2A Animal abuse in the second
25degree — penalties.
261. A person commits animal abuse in the second degree when
27the person knowingly or recklessly causes injury to an animal
28by force, violence, or poisoning.
292. This section shall not apply to conduct engaged in by a
30person described in section 717B.2, subsection 2.
313. A person who commits animal abuse in the second degree is
32guilty of a serious misdemeanor.
334. Notwithstanding subsection 3, a person who commits
34animal abuse in the second degree is guilty of an aggravated
35misdemeanor under any of the following circumstances:
-5- 1a. The offense was committed by an adult when a juvenile was
2physically present.
3b. The person has previously been convicted of any of the
4following:
5(1) Animal abuse pursuant to section 717B.2 or this section,
6animal neglect pursuant to section 717B.2B or 717B.3, animal
7torture pursuant to section 717B.3A, animal abandonment
8pursuant to section 717B.3B, animal endangerment pursuant
9to section 717B.3C, injury or interference with a police
10service dog pursuant to section 717B.9, bestiality pursuant to
11section 717C.1, or committing an act involving a contest event
12prohibited in section 717D.2.
13(2) An offense under any other state’s statute
14substantially corresponding to an offense described in
15subparagraph (1). The court shall judicially notice
16the statute of another state which defines such offense
17substantially equivalent to an offense described in
18subparagraph (1) and can therefore be considered a
19corresponding statute.
20 Sec. 6. NEW SECTION. 717B.2B Animal neglect in the first
21degree — penalties.
221. A person commits animal neglect in the first degree
23when the person owns or has custody of an animal, confines
24that animal, and causes the animal to suffer serious injury or
25death, by failing to reasonably provide any of the following:
26a. Access to food in an amount and quality sufficient to
27satisfy the animal’s basic nutrition level.
28b. Access to a supply of potable water in an amount
29sufficient to satisfy the animal’s basic hydration level.
30Access to snow or ice does not satisfy this requirement.
31c. Sanitary conditions free from excessive animal waste or
32the overcrowding of animals.
33d. Adequate shelter sufficient to provide the animal with
34protection from extreme weather conditions, including but not
35limited to sun, wind, rain, snow, ice, or standing water.
-6- 1e. Veterinary care deemed necessary by a reasonably prudent
2person to relieve an animal’s distress from a condition caused
3by failing to provide for the animal’s welfare as described in
4paragraphs “a” through “d”.
52. This section does not apply to any of the following:
6a. A person acting to carry out another provision of law
7which allows the conduct.
8b. A research facility, as defined in section 162.2,
9provided that the research facility performs functions within
10the scope of accepted practices and disciplines associated with
11the research facility.
123. A person who commits animal neglect in the first degree
13is guilty of an aggravated misdemeanor.
144. Notwithstanding subsection 3, a person who commits
15animal neglect in the first degree is guilty of a class “D”
16felony under any of the following circumstances:
17a. The offense was committed by an adult when a juvenile was
18physically present.
19b. The person has previously been convicted of any of the
20following:
21(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
22animal neglect pursuant to this section or section 717B.3,
23animal torture pursuant to section 717B.3A, animal abandonment
24pursuant to section 717B.3B, animal endangerment pursuant
25to section 717B.3C, injury or interference with a police
26service dog pursuant to section 717B.9, bestiality pursuant to
27section 717C.1, or committing an act involving a contest event
28prohibited in section 717D.2.
29(2) An offense under any other state’s statute
30substantially corresponding to an offense described in
31subparagraph (1). The court shall judicially notice
32the statute of another state which defines such offense
33substantially equivalent to an offense described in
34subparagraph (1) and can therefore be considered a
35corresponding statute.
-7-1 Sec. 7. Section 717B.3, Code 2019, is amended to read as
2follows:
3717B.3 Animal neglect in the second degree — penalties.
41. A person who impounds or commits animal neglect in the
5second degree when the person owns or has custody of an animal,
6 confines, in any place, an that animal is guilty of animal
7neglect if the person does, and fails to reasonably provide the
8animal with any of the following:
9a. Fails to supply the animal during confinement with a
10sufficient quantity of food or water. Access to food in an
11amount and quality sufficient to satisfy the animal’s basic
12nutrition level.
13b. Fails to provide a confined dog or cat with adequate
14shelter. Access to a supply of potable water in an amount
15sufficient to satisfy the animal’s basic hydration level.
16Access to snow or ice does not satisfy this requirement.
17c. Tortures, deprives of necessary sustenance, mutilates,
18beats, or kills an animal by any means which causes unjustified
19pain, distress, or suffering. Sanitary conditions free from
20excessive animal waste or the overcrowding of animals.
21d. Adequate shelter sufficient to provide the animal with
22protection from extreme weather conditions, including but not
23limited to sun, wind, rain, snow, ice, or standing water.
24e. Veterinary care deemed necessary by a reasonably prudent
25person to relieve an animal’s distress from a condition caused
26by failing to provide for the animal’s welfare as described in
27paragraphs “a” through “d”.
282. This section does not apply to a any of the following:
29a. A person acting to carry out another provision of law
30which allows the conduct.
31b. Aresearch facility, as defined in section 162.2,
32provided that the research facility performs functions within
33the scope of accepted practices and disciplines associated with
34the research facility.
353. A person who negligently or intentionally commits the
-8-1offense of animal neglect in the second degree is guilty of
2a simple serious misdemeanor. A person who intentionally
3commits the offense of animal neglect which results in serious
4injury to or the death of an animal is guilty of a serious
5misdemeanor.
64. Notwithstanding subsection 3, a person who commits
7animal neglect in the second degree is guilty of an aggravated
8misdemeanor under any of the following circumstances:
9a. The offense was committed by an adult when a juvenile was
10physically present.
11b. The person has previously been convicted of any of the
12following:
13(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
14animal neglect pursuant to section 717B.2B or this section,
15animal torture pursuant to section 717B.3A, animal abandonment
16pursuant to section 717B.3B, animal endangerment pursuant
17to section 717B.3C, injury or interference with a police
18service dog pursuant to section 717B.9, bestiality pursuant to
19section 717C.1, or committing an act involving a contest event
20prohibited in section 717D.2.
21(2) An offense under any other state’s statute
22substantially corresponding to an offense described in
23subparagraph (1). The court shall judicially notice
24the statute of another state which defines such offense
25substantially equivalent to an offense described in
26subparagraph (1) and can therefore be considered a
27corresponding statute.
28 Sec. 8. Section 717B.3A, Code 2019, is amended to read as
29follows:
30717B.3A Animal torture — penalties.
311. A person is guilty of commits animal torture, regardless
32of whether the person is the owner of the animal, if when
33 the person inflicts upon the animal severe and prolonged or
34repeated physical pain with a depraved or sadistic intent to
35cause that results in the animal’s prolonged suffering and
-9-1serious injury or death.
22. This section shall not apply to conduct engaged in by any
3of the following:
4a. A person acting to carry out an order issued by a court.
5b. A licensed veterinarian practicing veterinary medicine as
6provided in chapter 169.
7c. A person carrying out a practice that is consistent with
8animal husbandry practices.
9d. A person acting in order to carry out another provision
10of law which allows the conduct.
11e. A person taking, hunting, trapping, or fishing for a wild
12animal as provided in chapter 481A.
13f. A person acting to protect the person’s property from a
14wild animal as defined in section 481A.1.
15g. A person acting to protect a person from injury or death
16caused by a wild animal as defined in section 481A.1.
17h. A person reasonably acting to protect the person’s
18property from damage caused by an unconfined animal.
19i. A person reasonably acting to protect a person from
20injury or death caused by an unconfined animal.
21j. A local authority reasonably acting to destroy an animal,
22if at the time of the destruction, the owner of the animal is
23absent or unable to care for the animal, and the animal is
24permanently distressed by disease or injury to a degree that
25would result in severe and prolonged suffering.
26k. A research facility, as defined in section 162.2,
27provided that the research facility performs functions within
28the scope of accepted practices and disciplines associated with
29the research facility.
303. a. The following shall apply to a person who commits
31animal torture:
32(1) For the first conviction, the person is guilty of an
33aggravated misdemeanor. The sentencing order shall provide
34that the person submit to psychological evaluation and
35treatment according to terms required by the court. The costs
-10-1of the evaluation and treatment shall be paid by the person.
2In addition, the sentencing order shall provide that the person
3complete a community work requirement, which may include a work
4requirement performed at an animal shelter or pound, as defined
5in section 162.2, according to terms required by the court.
6(2) For a second or subsequent conviction, the person is
7guilty of a class “D” felony. The sentencing order shall
8provide that the person submit to psychological evaluation and
9treatment according to terms required by the court. The costs
10of the psychological evaluation and treatment shall be paid by
11the person.
12b. The juvenile court shall have exclusive original
13jurisdiction in a proceeding concerning a child who is alleged
14to have committed animal torture, in the manner provided in
15section 232.8. The juvenile court shall not waive jurisdiction
16in a proceeding concerning an offense alleged to have been
17committed by a child under the age of seventeen.
184. A person who commits animal torture is guilty of a class
19“D” felony.
205. Notwithstanding subsection 4, a person who commits
21animal torture is guilty of a class “C” felony under any of the
22following circumstances:
23a. The offense was committed by an adult when a juvenile was
24physically present.
25b. The person has previously been convicted of any of the
26following:
27(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
28animal neglect pursuant to section 717B.2B or 717B.3, animal
29torture pursuant to this section, animal abandonment pursuant
30to section 717B.3B, animal endangerment pursuant to section
31717B.3C, injury or interference with a police service dog
32pursuant to section 717B.9, bestiality pursuant to section
33717C.1, or committing an act involving a contest event
34prohibited in section 717D.2.
35(2) An offense under any other state’s statute
-11-1substantially corresponding to an offense described in
2subparagraph (1). The court shall judicially notice
3the statute of another state which defines such offense
4substantially equivalent to an offense described in
5subparagraph (1) and can therefore be considered a
6corresponding statute.
7 Sec. 9. NEW SECTION. 717B.3B Animal abandonment —
8penalties.
91. A person commits animal abandonment when the person does
10all of the following:
11a. Knowingly or recklessly relinquishes custody of an animal
12at a location in which the person does not hold a legal or
13equitable interest.
14b. Fails to do any of the following:
15(1) Legally transfer the animal to another person.
16(2) Make reasonable arrangements for the transfer of
17custody of the animal to a person who agrees to assume custody
18of the animal.
19(3) Make other reasonable arrangements for the care of the
20animal in a manner that would not constitute animal neglect in
21the first degree under section 717B.2B, subsection 1.
222. A person who commits animal abandonment is guilty of a
23simple misdemeanor.
243. Notwithstanding subsection 2, a person who commits
25animal abandonment is guilty of a serious misdemeanor under any
26of the following circumstances:
27a. The offense was committed by an adult when a juvenile was
28physically present.
29b. The person has previously been convicted of any of the
30following:
31(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
32animal neglect pursuant to section 717B.2B or 717B.3, animal
33torture pursuant to section 717B.3A, animal abandonment
34pursuant to this section, animal endangerment pursuant to
35section 717B.3C, injury or interference with a police service
-12-1dog pursuant to section 717B.9, bestiality pursuant to
2section 717C.1, or committing an act involving a contest event
3prohibited in section 717D.2.
4(2) An offense under any other state’s statute
5substantially corresponding to an offense described in
6subparagraph (1). The court shall judicially notice
7the statute of another state which defines such offense
8substantially equivalent to an offense described in
9subparagraph (1) and can therefore be considered a
10corresponding statute.
11 Sec. 10. NEW SECTION. 717B.3C Animal endangerment —
12penalties.
131. A person commits animal endangerment when the person
14confines an animal in a stationary motor vehicle in a manner
15that endangers the health or life of the animal by exposing the
16animal to a prolonged period of extreme interior temperature or
17a long period without adequate ventilation.
182. A person who commits animal endangerment is guilty of a
19simple misdemeanor.
203. Notwithstanding subsection 2, a person who commits
21animal endangerment is guilty of a serious misdemeanor under
22any of the following circumstances:
23a. The offense was committed by an adult when a juvenile was
24physically present.
25b. The person has previously been convicted of any of the
26following:
27(1) Animal abuse pursuant to section 717B.2 or 717B.2A,
28animal neglect pursuant to section 717B.2B or 717B.3, animal
29torture pursuant to section 717B.3A, animal abandonment
30pursuant to section 717B.3B, animal endangerment pursuant to
31this section, injury or interference with a police service
32dog pursuant to section 717B.9, bestiality pursuant to
33section 717C.1, or committing an act involving a contest event
34prohibited in section 717D.2.
35(2) An offense under any other state’s statute
-13-1substantially corresponding to an offense described in
2subparagraph (1). The court shall judicially notice
3the statute of another state which defines such offense
4substantially equivalent to an offense described in
5subparagraph (1) and can therefore be considered a
6corresponding statute.
7 Sec. 11. NEW SECTION. 717B.3D Animal mistreatment — court
8order — evaluation and treatment.
91. At the time of a person’s conviction for a public
10offense committed under this chapter, a court may enter an
11order requiring the person to undergo a psychological or
12psychiatric evaluation and to undergo any treatment that the
13court determines to be appropriate after due consideration of
14the evaluation. However, the court shall enter such an order
15if the convicted person is any of the following:
16a. A juvenile.
17b. An adult committing animal abuse pursuant to section
18717B.2 or 717B.2A, animal neglect in the first degree pursuant
19to section 717B.2B, animal neglect in the second degree
20punishable as an aggravated misdemeanor pursuant to section
21717B.3, or animal torture pursuant to section 717B.3A.
222. The costs of undergoing a psychological or psychiatric
23evaluation and undergoing any treatment ordered by the court
24shall be borne by the convicted person, unless the person is
25a juvenile.
263. An order made under this section is in addition to any
27other order or sentence of the court.
284. Any violation of the court order shall be punished as
29contempt of court pursuant to chapter 665.
30 Sec. 12. NEW SECTION. 717B.3E Animal mistreatment —
31sentencing order — prohibitions.
321. At the time of a person’s sentencing for a public offense
33committed under this chapter, a court may prohibit the person
34from owning or obtaining custody of an animal belonging to
35the same taxonomic genus as the animal that the defendant is
-14-1convicted of mistreating, or residing in the same dwelling
2where such animal is kept. The period of the prohibition shall
3be not less than one but not more than five years.
42. Notwithstanding subsection 1, the court shall enter such
5an order if the convicted person has committed animal abuse
6pursuant to section 717B.2 or 717B.2A, animal neglect in the
7first degree pursuant to section 717B.2B, animal neglect in the
8second degree punishable as an aggravated misdemeanor pursuant
9to section 717B.3, or animal torture pursuant to section
10717B.3A. The period of such prohibition shall be as follows:
11a. For an aggravated misdemeanor, from one to five years.
12b. For a class “D” felony, from five to fifteen years.
13c. For a class “C” felony, for life.
143. The duration of a prohibition described in this
15section commences on the date that the person is placed on
16probation, released on parole or work release, or released from
17incarceration or from placement in a juvenile facility.
184. An order made pursuant to this section is in addition to
19any other order or sentence of the court.
205. Any violation of the court order described in this
21section is a public offense and shall be punished as a simple
22misdemeanor.
23 Sec. 13. Section 717B.5, subsection 1, Code 2019, is amended
24to read as follows:
251. The rescue must be made by a law enforcement officer
26having cause to believe that the animal is a threatened animal
27after consulting with a veterinarian licensed pursuant to
28chapter 169. An animal cruelty report filed with a local
29law enforcement agency pursuant to section 717B.10 is not a
30substitute for consulting with a licensed veterinarian. The
31law enforcement officer may rescue the animal by entering on
32public or private property, as provided in this subsection.
33The law enforcement officer may enter onto property of a person
34to rescue the animal if the officer obtains a search warrant
35issued by a court, or enters onto the premises in a manner
-15-1consistent with the laws of this state and the United States,
2including Article I, section 8, of the Constitution of the
3State of Iowa, or the fourth amendment to the Constitution of
4the United States.
5 Sec. 14. NEW SECTION. 717B.5A Rescue — motor vehicles.
61. A law enforcement officer may rescue an animal from a
7stationary motor vehicle, including through the use of forced
8entrance, if the law enforcement officer reasonably believes
9that the animal may be suffering distress due to exposure to
10extreme interior temperature or a lack of adequate ventilation.
11The law enforcement officer’s action is justified regardless
12of whether the law enforcement officer observed indications
13of distress or whether the person could be charged with or
14convicted of committing a public offense.
152. The law enforcement officer shall provide written
16notice of the rescue to the animal’s responsible party. This
17requirement is satisfied by placing the notice in a conspicuous
18place located within the motor vehicle. The notice must state
19where the rescued animal may be claimed.
203. The local authority shall provide for the maintenance
21of the rescued animal as if it were a threatened animal under
22section 717B.5. However, a dispositional proceeding under
23section 717B.4 is not required if within ten days after the
24date of the animal’s rescue the responsible party claims the
25animal from the local authority. In order to claim the animal,
26the responsible party must reimburse the local authority for
27all reasonable costs that accrued from rescuing and maintaining
28the animal.
29 Sec. 15. NEW SECTION. 717B.10 Reports.
301. A local law enforcement agency shall accept and file
31an animal cruelty report submitted by a person as provided in
32section 169.21. The report may be used as the basis for an
33investigation or criminal complaint or information under this
34chapter, or for determining whether to perform a rescue under
35section 717B.5.
-16- 12. a. A local law enforcement agency shall file a child
2endangerment alert report with the department of human services
3if all of the following apply:
4(1) A law enforcement officer employed by the law
5enforcement agency conducts an investigation of a suspected
6offense of animal abuse as described in section 717B.2 or
7717B.2A, animal neglect as described in section 717B.2B or
8717B.3, or animal torture as described in section 717B.3A.
9(2) The law enforcement officer reasonably believes that a
10minor child of the subject of the investigation witnessed the
11commission of the offense.
12b. The report shall be filed in a manner and according to
13procedures required by the department of human services.
14c. The report shall be a confidential record in the same
15manner as a peace officer’s investigative report under section
1622.7, subsection 5.
17 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection
183, shall not apply to this Act.
19 Sec. 17. REPEAL. Section 717B.8, Code 2016, is repealed.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23GENERAL. This bill amends Code chapter 717B prohibiting
24the mistreatment of certain animals, including dogs and cats,
25but excluding other animals such as livestock (Code chapter
26717); game, fur-bearing animals, fish, reptiles, or amphibians
27(Code chapter 481A), unless such animal is owned, confined,
28or controlled by a person; or a nongame animal declared to be
29a nuisance by the natural resource commission (Code section
30481A.42).
31There are seven amended or new criminal offenses, including
32animal abuse in the first or second degree (amended Code
33section 717B.2 and new Code section 717B.2A), animal neglect
34in the first or second degree (new Code section 717B.2B
35and amended Code section 717B.3), animal torture (amended
-17-1Code section 717B.3A), animal abandonment (new Code section
2717B.3B), and animal endangerment (new Code section 717B.3C).
3 Each of the amended or new offenses includes an enhanced
4penalty that applies to a convicted person in either of two
5situations: (1) the person is an adult who committed the
6offense in the presence of a juvenile or (2) the person has
7previously committed any of the offenses previously described;
8committed injury or interference with a police service dog
9(Code section 717B.9); committed bestiality (Code section
10717C.1); committed an offense involving an animal contest (Code
11section 717D.4); or committed any similar offense in another
12state.
13TYPES OF CRIMINAL OFFENSES — ABUSE, NEGLECT, OR TORTURE.
14Animal abuse involves injuring an animal by violence or
15poisoning; animal neglect involves failing to provide an animal
16with adequate food, water, habitable conditions, or necessary
17veterinary care; and animal torture involves inflicting upon
18the animal severe and prolonged or repeated physical pain. For
19animal abuse in the first degree, animal neglect in the first
20degree, or animal torture, the animal must suffer a serious
21injury or death. Serious injury involves a substantial risk
22of death, protracted disfigurement, impairment, or a loss or
23impairment of a limb. For animal abuse in the second degree,
24the animal must suffer an injury meaning some impairment to the
25animal’s health or functions. For animal neglect in the second
26degree, an injury or death element is not required. For these
27offenses, the criminal penalties are as follows: (1) animal
28abuse in the first degree, an aggravated misdemeanor which may
29be enhanced to a class “D” felony; (2) animal abuse in the
30second degree, a serious misdemeanor which may be enhanced to
31an aggravated misdemeanor; (3) animal neglect in the first
32degree, an aggravated misdemeanor which may be enhanced to a
33class “D” felony; (4) animal neglect in the second degree, a
34serious misdemeanor which may be enhanced to an aggravated
35misdemeanor; and (5) animal torture, a class “D” felony which
-18-1may be enhanced to a class “C” felony.
2A number of exceptions apply to the animal abuse and animal
3torture offenses, including carrying out (1) a court order; (2)
4a veterinary practice; (3) a good animal husbandry practice;
5(4) another provision of law; (5) legally hunting, trapping,
6or fishing; (6) a defense of property or life; (7) conduct
7by a local authority; and (8) research activities. The bill
8eliminates a provision in the current Code section prohibiting
9animal abuse that excepts from culpability the animal’s owner
10or a person acting with the owner’s consent. The bill also
11eliminates an element of animal torture that requires proof of
12sadistic or depraved intent.
13TYPES OF CRIMINAL OFFENSES — ANIMAL ABANDONMENT AND ANIMAL
14ENDANGERMENT. For animal abandonment, a person must knowingly
15or recklessly relinquish custody of an animal, and then fail
16to provide for its legal transfer or make arrangements for its
17care. For animal endangerment, a person must confine an animal
18in a stationary motor vehicle in a manner that endangers the
19health or life of the animal. For these last two offenses, the
20criminal penalties are the same: a simple misdemeanor which
21may be enhanced to a serious misdemeanor.
22APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
23as follows: (1) simple misdemeanor, confinement for no more
24than 30 days or a fine of at least $65 but not more than $625 or
25by both; (2) serious misdemeanor, confinement for no more than
26one year and a fine of at least $315 but not more than $1,875;
27(3) aggravated misdemeanor, confinement for no more than two
28years and a fine of at least $625 but not more than $6,250; (4)
29class “D” felony, confinement for no more than five years and a
30fine of at least $750 but not more than $7,500; and (5) class
31“C” felony, confinement for no more than 10 years and a fine of
32at least $1,000 but not more than $10,000.
33COURT ORDERS. At the time of conviction for committing
34any of the offenses, a person may be subject to a court order
35requiring a psychological or psychiatric evaluation and
-19-1treatment. The person may also be subject to a court order
2prohibiting the person from owning, possessing, or living with
3an animal of the same genus as the mistreated animal. In each
4case, the court’s decision to issue an order is discretionary
5except under certain conditions. A court order requiring an
6evaluation and treatment is mandatory for juveniles. That
7order and the order prohibiting contact with animals is
8also mandatory if the offense is punishable as an aggravated
9misdemeanor or felony. For a discretionary court order,
10the period of prohibition is from one to five years. For a
11mandatory court order, the period of prohibition is as follows:
12(1) one to five years for an aggravated misdemeanor, (2) 5 to
1315 years for a class “D” felony, and (3) life for a class “C”
14felony.
15ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS. A law
16enforcement officer (e.g., county sheriff or deputy sheriff)
17is authorized to rescue an animal from a motor vehicle based
18upon the officer’s reasonable belief that the animal may be
19suffering distress. The officer must provide a written notice
20of the rescue. After the rescue, the animal must be maintained
21as a rescued animal by the local authority until it is claimed
22or disposed of pursuant to court order.
23MANDATORY REPORTING — VETERINARIANS TO LOCAL LAW
24ENFORCEMENT AGENCIES. A veterinarian is required to report
25cases in which an animal may have suffered a serious injury due
26to animal abuse, animal neglect, or animal torture. The board
27of veterinary medicine may prescribe the form of the report.
28The report must be submitted to the local law enforcement
29agency having jurisdiction of the matter.
30MANDATORY REPORTING — LOCAL LAW ENFORCEMENT AGENCIES TO THE
31DEPARTMENT OF HUMAN SERVICES. A local law enforcement agency
32must submit a report to the department of human services if a
33law enforcement officer conducts an investigation involving
34animal abuse, animal neglect, or animal torture and reasonably
35believes a minor child of the subject of the investigation
-20-1witnessed the offense being committed.
2STATE MANDATE. The bill may include a state mandate as
3defined in Code section 25B.3. The bill makes inapplicable
4Code section 25B.2, subsection 3, which would relieve a
5political subdivision from complying with a state mandate if
6funding for the cost of the state mandate is not provided or
7specified. Therefore, political subdivisions are required to
8comply with any state mandate included in the bill.
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