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Senate File 57 - IntroducedA Bill ForAn Act 1relating to the mistreatment of certain animals other
2than livestock and wildlife, by providing for criminal
3offenses, including penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.2, unnumbered paragraph 1, Code
22019, is amended to read as follows:
3A person is guilty of commits animal abuse if the person
4intentionally injures, maims, disfigures, or destroys an animal
5owned by another person, in any manner, including intentionally
6poisoning the animal. A person guilty of who commits animal
7abuse is guilty of an aggravated misdemeanor. However, for a
8person’s second or subsequent conviction of animal abuse, the
9person is guilty of a class “D” felony. This section shall not
10apply to any of the following:
11 Sec. 2. Section 717B.3, subsection 1, unnumbered paragraph
121, Code 2019, is amended to read as follows:
13A person who impounds or confines, in any place, an animal is
14guilty of commits animal neglect if the person does any of the
15following:
16 Sec. 3. Section 717B.3, subsection 3, Code 2019, is amended
17to read as follows:
183. A person who negligently or intentionally commits the
19offense of animal neglect is guilty of a simple misdemeanor. A
20person who intentionally commits the offense of animal neglect
21which results in a serious injury to or the death of an animal
22is guilty of a serious an aggravated misdemeanor.
23 Sec. 4. Section 717B.3A, subsection 1, Code 2019, is amended
24to read as follows:
251. A person is guilty of commits animal torture, regardless
26of whether the person is the owner of the animal, if the person
27inflicts upon the animal severe physical pain with a depraved
28or sadistic intent to cause prolonged suffering or death.
29 Sec. 5. Section 717B.3A, subsection 3, paragraph a,
30subparagraphs (1) and (2), Code 2019, are amended to read as
31follows:
32(1) For the first conviction, the The person is guilty of an
33aggravated misdemeanor class “D” felony.
34(2) The sentencing order shall provide that the person
35submit to psychological evaluation and treatment according to
-1-1terms required by the court. The costs of the evaluation and
2treatment shall be paid by the person. In addition For the
3first conviction, the sentencing order shall provide that the
4person complete a community work requirement, which may include
5a work requirement performed at an animal shelter or pound, as
6defined in section 162.2, according to terms required by the
7court.
8(2) For a second or subsequent conviction, the person is
9guilty of a class “D” felony. The sentencing order shall
10provide that the person submit to psychological evaluation and
11treatment according to terms required by the court. The costs
12of the psychological evaluation and treatment shall be paid by
13the person.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17MISTREATMENT OF ANIMALS — INCREASE IN CRIMINAL PENALTIES.
18 Currently, the criminal penalty for a conviction of animal
19abuse is an aggravated misdemeanor. This bill provides that
20the criminal penalty for a second or subsequent conviction for
21that offense is enhanced to a class “D” felony. The current
22criminal penalty for a conviction of animal negligence is a
23simple misdemeanor, unless the convicted person’s actions
24resulted in a serious injury to the animal or the animal’s
25death. In the instance in which an animal is inflicted
26with a serious injury, the bill increases the enhanced
27criminal penalty from a serious misdemeanor to an aggravated
28misdemeanor. Currently, the criminal penalty for animal
29torture is an aggravated misdemeanor for the first conviction
30which is enhanced to a class “D” felony for a second or
31subsequent conviction. For each conviction, the court’s
32sentencing order must provide that the guilty person submit
33to psychological evaluation and treatment, and for the first
34conviction the order must require the guilty person complete
35a community work requirement. The bill provides the criminal
-2-1penalty is a class “D” felony without regard to the number
2of prior convictions and eliminates the enhanced penalty
3provision. The bill also makes certain changes in terminology
4for purposes of consistency and readability.
5BACKGROUND. Code chapter 717B prohibits the mistreatment of
6certain animals, including dogs and cats, but excludes three
7classifications: (1) livestock (Code chapter 717); wildlife
8under the jurisdiction of the department of natural resources
9(Code chapter 481), unless such animal is owned, confined,
10or controlled by a person; and (3) a nongame animal declared
11by the department to be a nuisance (Code section 481A.42).
12Animal abuse involves intentionally injuring an animal by
13violence or poisoning by a person other then the animal’s
14owner (Code section 717B.2). Animal neglect involves the
15failure to provide an animal with adequate food or water, or
16failure to provide a dog or cat with adequate shelter. It also
17involves harming an animal in a manner that causes suffering
18(Code section 717B.3). Animal torture involves acting with a
19depraved or sadistic intent to inflict severe and prolonged
20pain or suffering, or death upon an animal (Code section
21717B.3A).
22APPLICABLE CRIMINAL PENALTIES. The criminal penalties
23described in the bill are as follows: (1) for a simple
24misdemeanor, confinement for no more than 30 days or a fine
25of at least $65 but not more than $625 or by both; (2) for a
26serious misdemeanor, confinement for no more than one year and
27a fine of at least $315 but not more than $1,875; (3) for an
28aggravated misdemeanor, confinement for no more than two years
29and a fine of at least $625 but not more than $6,250; and (4)
30for a class “D” felony, confinement for no more than five years
31and a fine of at least $750 but not more than $7,500.
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2than livestock and wildlife, by providing for criminal
3offenses, including penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.2, unnumbered paragraph 1, Code
22019, is amended to read as follows:
3A person is guilty of commits animal abuse if the person
4intentionally injures, maims, disfigures, or destroys an animal
5owned by another person, in any manner, including intentionally
6poisoning the animal. A person guilty of who commits animal
7abuse is guilty of an aggravated misdemeanor. However, for a
8person’s second or subsequent conviction of animal abuse, the
9person is guilty of a class “D” felony. This section shall not
10apply to any of the following:
11 Sec. 2. Section 717B.3, subsection 1, unnumbered paragraph
121, Code 2019, is amended to read as follows:
13A person who impounds or confines, in any place, an animal is
14guilty of commits animal neglect if the person does any of the
15following:
16 Sec. 3. Section 717B.3, subsection 3, Code 2019, is amended
17to read as follows:
183. A person who negligently or intentionally commits the
19offense of animal neglect is guilty of a simple misdemeanor. A
20person who intentionally commits the offense of animal neglect
21which results in a serious injury to or the death of an animal
22is guilty of a serious an aggravated misdemeanor.
23 Sec. 4. Section 717B.3A, subsection 1, Code 2019, is amended
24to read as follows:
251. A person is guilty of commits animal torture, regardless
26of whether the person is the owner of the animal, if the person
27inflicts upon the animal severe physical pain with a depraved
28or sadistic intent to cause prolonged suffering or death.
29 Sec. 5. Section 717B.3A, subsection 3, paragraph a,
30subparagraphs (1) and (2), Code 2019, are amended to read as
31follows:
32(1) For the first conviction, the The person is guilty of an
33aggravated misdemeanor class “D” felony.
34(2) The sentencing order shall provide that the person
35submit to psychological evaluation and treatment according to
-1-1terms required by the court. The costs of the evaluation and
2treatment shall be paid by the person. In addition For the
3first conviction, the sentencing order shall provide that the
4person complete a community work requirement, which may include
5a work requirement performed at an animal shelter or pound, as
6defined in section 162.2, according to terms required by the
7court.
8(2) For a second or subsequent conviction, the person is
9guilty of a class “D” felony. The sentencing order shall
10provide that the person submit to psychological evaluation and
11treatment according to terms required by the court. The costs
12of the psychological evaluation and treatment shall be paid by
13the person.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17MISTREATMENT OF ANIMALS — INCREASE IN CRIMINAL PENALTIES.
18 Currently, the criminal penalty for a conviction of animal
19abuse is an aggravated misdemeanor. This bill provides that
20the criminal penalty for a second or subsequent conviction for
21that offense is enhanced to a class “D” felony. The current
22criminal penalty for a conviction of animal negligence is a
23simple misdemeanor, unless the convicted person’s actions
24resulted in a serious injury to the animal or the animal’s
25death. In the instance in which an animal is inflicted
26with a serious injury, the bill increases the enhanced
27criminal penalty from a serious misdemeanor to an aggravated
28misdemeanor. Currently, the criminal penalty for animal
29torture is an aggravated misdemeanor for the first conviction
30which is enhanced to a class “D” felony for a second or
31subsequent conviction. For each conviction, the court’s
32sentencing order must provide that the guilty person submit
33to psychological evaluation and treatment, and for the first
34conviction the order must require the guilty person complete
35a community work requirement. The bill provides the criminal
-2-1penalty is a class “D” felony without regard to the number
2of prior convictions and eliminates the enhanced penalty
3provision. The bill also makes certain changes in terminology
4for purposes of consistency and readability.
5BACKGROUND. Code chapter 717B prohibits the mistreatment of
6certain animals, including dogs and cats, but excludes three
7classifications: (1) livestock (Code chapter 717); wildlife
8under the jurisdiction of the department of natural resources
9(Code chapter 481), unless such animal is owned, confined,
10or controlled by a person; and (3) a nongame animal declared
11by the department to be a nuisance (Code section 481A.42).
12Animal abuse involves intentionally injuring an animal by
13violence or poisoning by a person other then the animal’s
14owner (Code section 717B.2). Animal neglect involves the
15failure to provide an animal with adequate food or water, or
16failure to provide a dog or cat with adequate shelter. It also
17involves harming an animal in a manner that causes suffering
18(Code section 717B.3). Animal torture involves acting with a
19depraved or sadistic intent to inflict severe and prolonged
20pain or suffering, or death upon an animal (Code section
21717B.3A).
22APPLICABLE CRIMINAL PENALTIES. The criminal penalties
23described in the bill are as follows: (1) for a simple
24misdemeanor, confinement for no more than 30 days or a fine
25of at least $65 but not more than $625 or by both; (2) for a
26serious misdemeanor, confinement for no more than one year and
27a fine of at least $315 but not more than $1,875; (3) for an
28aggravated misdemeanor, confinement for no more than two years
29and a fine of at least $625 but not more than $6,250; and (4)
30for a class “D” felony, confinement for no more than five years
31and a fine of at least $750 but not more than $7,500.
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