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Senate Study Bill 1075 - IntroducedA Bill ForAn Act 1prohibiting the treatment of animals other than
2livestock and wild animals, providing for the rescue of
3animals by local law enforcement agencies, providing for
4criminal offenses and court orders, and including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.1, Code 2019, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Animal mistreatment” means an act
4described as animal abuse as provided in section 717B.2,
5animal neglect as provided in section 717B.3, animal torture
6as provided in section 717B.3A, animal abandonment as provided
7in section 717B.3B, animal endangerment as provided in section
8717B.3C, or injury to or interference with a police service dog
9as provided in section 717B.9.
10 NEW SUBSECTION. 2B. “Animal warden” means a person
11employed, contracted, or appointed by a local authority to
12assist in the enforcement of chapter 162, this chapter, or any
13other law or ordinance relating to the licensing of animals,
14control of animals, or the seizure and impoundment of animals.
15 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
16pleads guilty to, or is sentenced or adjudicated delinquent
17for an act which is an indictable offense in this state or in
18another state, including but not limited to a juvenile who has
19been adjudicated delinquent, whether or not the juvenile court
20records have been sealed under section 232.150, and a person
21who has received a deferred sentence or a deferred judgment or
22has been acquitted by reason of insanity.
23b. “Convicted” includes the conviction of a juvenile
24prosecuted as an adult. “Convicted” also includes a conviction
25for an attempt or conspiracy to commit an offense.
26c. “Convicted” does not mean a plea, sentence, adjudication,
27deferred sentence, or deferred judgment which has been reversed
28or otherwise set aside.
29 NEW SUBSECTION. 4A. “Injury” means an impairment to an
30animal’s health or functions, including physical damage or harm
31to an animal’s muscle, tissue, organs, bones, hide, or skin,
32that causes the animal to suffer pain.
33 NEW SUBSECTION. 8A. “Serious injury” means an injury that
34creates a substantial risk of death or that causes protracted
35disfigurement, protracted impairment of health, or protracted
-1-1loss or impairment of the function of a limb or organ.
2 Sec. 2. Section 717B.1, subsection 9, Code 2019, is amended
3to read as follows:
49. “Threatened animal” means an animal that is abused as
5provided in section 717B.2, neglected as provided in section
6717B.3, or tortured as provided in section 717B.3A suffers from
7animal mistreatment.
8 Sec. 3. Section 717B.2, Code 2019, is amended to read as
9follows:
10717B.2 Animal abuse — penalties.
111. A person is guilty of animal abuse if the person
12intentionally injures, maims, disfigures, or destroys an animal
13owned by another person, in any manner, including intentionally
14poisoning the animal commits animal abuse when the person
15intentionally, knowingly, or recklessly causes injury, serious
16injury, or death to an animal by force, violence, or poisoning.
17A person guilty of animal abuse is guilty of an aggravated
18misdemeanor.
192. This section shall not apply to conduct engaged in by any
20of the following:
211. A person acting with the consent of the person owning
22the animal, unless the action constitutes animal neglect as
23provided in section 717B.3.
242. a. A person acting to carry out an order issued by a
25court.
263. b. A licensed veterinarian practicing veterinary
27medicine as provided in chapter 169.
284. c. A person acting in order to carry out another
29provision of law which allows the conduct.
305. d. A person taking, hunting, trapping, or fishing for a
31wild animal as provided in chapter 481A.
326. e. A person acting to protect the person’s property from
33a wild animal as defined in section 481A.1.
347. f. A person acting to protect a person from injury or
35death caused by a wild animal as defined in section 481A.1.
-2- 18. g. A person reasonably acting to protect the person’s
2property from damage caused by an unconfined animal.
39. h. A person reasonably acting to protect a person from
4injury or death caused by an unconfined animal.
510. i. A local authority reasonably acting to destroy an
6animal, if at the time of the destruction, the owner of the
7animal is absent or unable to care for the animal, and the
8animal is permanently distressed by disease or injury to a
9degree that would result in severe and prolonged suffering.
1011. j. A research facility, as defined in section 162.2,
11provided that the research facility performs functions within
12the scope of accepted practices and disciplines associated with
13the research facility.
143. A person who commits animal abuse that does not cause
15serious injury or death to an animal is guilty of a serious
16misdemeanor.
174. A person who commits animal abuse that causes serious
18injury or death to an animal is guilty of an aggravated
19misdemeanor.
205. Notwithstanding subsection 4, a person who commits
21animal abuse that causes serious injury or death to an animal
22is guilty of a class “D” felony if the person has previously
23been convicted of committing animal abuse pursuant to this
24section, animal neglect pursuant to section 717B.3, animal
25torture pursuant to section 717B.3A, animal abandonment
26pursuant to section 717B.3B, animal endangerment pursuant
27to section 717B.3C, injury to or interference with a police
28service dog pursuant to section 717B.9, bestiality pursuant to
29section 717C.1, or an act involving a contest event prohibited
30in section 717D.2.
31 Sec. 4. Section 717B.3, Code 2019, is amended to read as
32follows:
33717B.3 Animal mistreatment — animal neglect — penalties.
341. A person who impounds or commits animal neglect when
35the person owns or has custody of an animal, confines, in any
-3-1place, an that animal, is guilty of animal neglect if the
2person does any of the following:
3a. Fails and fails to supply the animal during confinement
4with a sufficient quantity of food or water. reasonably provide
5the animal with any of the following:
6a. Access to food in an amount and quality sufficient to
7satisfy the animal’s basic nutrition level.
8b. Fails to provide a confined dog or cat with adequate
9shelter. Access to a supply of potable water in an amount
10sufficient to satisfy the animal’s basic hydration level.
11Access to snow or ice does not satisfy this requirement.
12c. Tortures, deprives of necessary sustenance, mutilates,
13beats, or kills an animal by any means which causes unjustified
14pain, distress, or suffering. Sanitary conditions free from
15excessive animal waste or the overcrowding of animals.
16d. Ventilated shelter sufficient to provide adequate
17protection from the elements and weather conditions suitable
18for the age, species, and physical condition of the animal
19so as to maintain the animal in a state of good health. The
20shelter must protect the animal from wind, rain, snow, or sun
21and have adequate bedding to provide protection against cold
22and dampness. A shelter may include a residence, garage, barn,
23shed, or doghouse.
24e. Grooming, to the extent reasonably necessary to prevent
25adverse health effects or suffering.
26f. Veterinary care deemed necessary by a reasonably
27prudent person to relieve an animal’s distress from any of the
28following:
29(1) A condition caused by failing to provide for the
30animal’s welfare as described in paragraphs “a” through “f”.
31(2) An injury or illness suffered by the animal causing the
32animal to suffer prolonged pain and suffering.
332. This section does not apply to a research facility, as
34defined in section 162.2, provided that the research facility
35performs functions within the scope of accepted practices and
-4-1disciplines associated with the research facility.
23. A person who negligently or intentionally commits the
3offense of animal neglect that does not cause injury or death
4to an animal is guilty of a simple misdemeanor. A person who
5intentionally commits the offense of animal neglect which
6results in serious injury to or the death of an animal is
7guilty of a serious misdemeanor.
84. A person who commits animal neglect that causes injury
9other than serious injury or death to an animal is guilty of a
10serious misdemeanor.
115. A person who commits animal neglect which causes serious
12injury or death to an animal is guilty of an aggravated
13misdemeanor.
146. Notwithstanding subsection 5, a person who commits
15animal neglect which causes serious injury or death to an
16animal is guilty of a class “D” felony if the person has been
17previously convicted of animal abuse pursuant to section
18717B.2, animal neglect pursuant to this section, animal torture
19pursuant to section 717B.3A, animal abandonment pursuant to
20section 717B.3B, animal endangerment pursuant to section
21717B.3C, injury to or interference with a police service dog
22pursuant to section 717B.9, bestiality pursuant to section
23717C.1, or an act involving a contest event prohibited in
24section 717D.2.
25 Sec. 5. Section 717B.3A, Code 2019, is amended to read as
26follows:
27717B.3A Animal mistreatment — animal torture — penalties.
281. A person is guilty of animal torture, regardless of
29whether the person is the owner of the animal, if when the
30person intentionally, knowingly, or recklessly inflicts upon
31the animal severe and prolonged or repeated physical pain with
32a depraved or sadistic intent to cause prolonged that results
33in the animal’s suffering and serious injury or death.
342. This section shall not apply to conduct engaged in by any
35of the following:
-5- 1a. A person acting to carry out an order issued by a court.
2b. A licensed veterinarian practicing veterinary medicine as
3provided in chapter 169.
4c. A person carrying out a practice that is consistent with
5animal husbandry practices.
6d. A person acting in order to carry out another provision
7of law which allows the conduct.
8e. A person taking, hunting, trapping, or fishing for a wild
9animal as provided in chapter 481A.
10f. A person acting to protect the person’s property from a
11wild animal as defined in section 481A.1.
12g. A person acting to protect a person from injury or death
13caused by a wild animal as defined in section 481A.1.
14h. A person reasonably acting to protect the person’s
15property from damage caused by an unconfined animal.
16i. A person reasonably acting to protect a person from
17injury or death caused by an unconfined animal.
18j. A local authority reasonably acting to destroy an animal,
19if at the time of the destruction, the owner of the animal is
20absent or unable to care for the animal, and the animal is
21permanently distressed by disease or injury to a degree that
22would result in severe and prolonged suffering.
23k. A research facility, as defined in section 162.2,
24provided that the research facility performs functions within
25the scope of accepted practices and disciplines associated with
26the research facility.
273. a. The following shall apply to a person who commits
28animal torture:
29(1) For the first conviction, the person is guilty of an
30aggravated misdemeanor. The sentencing order shall provide
31that the person submit to psychological evaluation and
32treatment according to terms required by the court. The costs
33of the evaluation and treatment shall be paid by the person.
34In addition, the sentencing order shall provide that the person
35complete a community work requirement, which may include a work
-6-1requirement performed at an animal shelter or pound, as defined
2in section 162.2, according to terms required by the court.
3(2) For a second or subsequent conviction, the person is
4guilty of a class “D” felony. The sentencing order shall
5provide that the person submit to psychological evaluation and
6treatment according to terms required by the court. The costs
7of the psychological evaluation and treatment shall be paid by
8the person.
9b. The juvenile court shall have exclusive original
10jurisdiction in a proceeding concerning a child who is alleged
11to have committed animal torture, in the manner provided in
12section 232.8. The juvenile court shall not waive jurisdiction
13in a proceeding concerning an offense alleged to have been
14committed by a child under the age of seventeen.
154. A person who commits animal torture is guilty of a class
16“D” felony.
175. Notwithstanding subsection 4, a person who commits
18animal torture is guilty of a class “C” felony if the person
19has previously been convicted of committing animal abuse
20pursuant to section 717B.2, animal neglect pursuant to section
21717B.3, animal torture pursuant to this section, animal
22abandonment pursuant to section 717B.3B, animal endangerment
23pursuant to section 717B.3C, injury to or interference with
24a police service dog pursuant to section 717B.9, bestiality
25pursuant to section 717C.1, or an act involving a contest event
26prohibited in section 717D.2.
27 Sec. 6. NEW SECTION. 717B.3B Animal mistreatment — animal
28abandonment — penalties.
291. A person commits animal abandonment by knowingly or
30recklessly relinquishing custody of an animal at a location in
31which the person does not hold a legal or equitable interest if
32the person does not do any of the following:
33a. Legally transfer the animal to another person.
34b. Make reasonable arrangements for the transfer of custody
35of the animal to a person who agrees to assume custody of the
-7-1animal.
2c. Make other reasonable arrangements for the care of the
3animal in a manner that would not constitute animal neglect
4under section 717B.3.
52. A person who commits animal abandonment that does not
6cause injury or death to an animal is guilty of a simple
7misdemeanor.
83. A person who commits animal abandonment that causes
9injury other than serious injury or death to an animal is
10guilty of a serious misdemeanor.
114. A person who commits animal abandonment that causes
12serious injury or death to an animal is guilty of an aggravated
13misdemeanor.
145. Notwithstanding subsection 4, a person who commits
15animal abandonment that causes serious injury or death to
16an animal is guilty of a class “D” felony if the person has
17previously been convicted of committing animal abandonment
18pursuant to this section, animal abuse pursuant to section
19717B.2, animal neglect pursuant to section 717B.3, animal
20torture pursuant to section 717B.3A, animal endangerment
21pursuant to section 717B.3C, injury to or interference with
22a police service dog pursuant to section 717B.9, bestiality
23pursuant to section 717C.1, or an act involving a contest event
24prohibited in section 717D.2.
25 Sec. 7. NEW SECTION. 717B.3C Animal mistreatment — animal
26endangerment — penalties.
271. A person commits animal endangerment when the person
28confines an animal in a stationary motor vehicle in a manner
29that endangers the health or life of the animal by exposing the
30animal to a prolonged period of extreme interior temperature or
31a long period without adequate ventilation.
322. A person who commits animal endangerment that does
33not cause injury or death to an animal is guilty of a simple
34misdemeanor.
353. A person who commits animal endangerment that causes
-8-1injury other than serious injury or death to an animal is
2guilty of a serious misdemeanor.
34. A person who commits animal endangerment that causes
4serious injury or death to an animal is guilty of an aggravated
5misdemeanor.
65. Notwithstanding subsection 4, a person who commits
7animal endangerment that causes serious injury to an animal
8is guilty of a class “D” felony if the person has previously
9been convicted of committing animal endangerment pursuant to
10this section, animal abuse pursuant to section 717B.2, animal
11neglect pursuant to section 717B.3, animal torture pursuant
12to section 717B.3A, animal abandonment pursuant to section
13717B.3B, injury to or interference with a police service dog
14pursuant to section 717B.9, bestiality pursuant to section
15717C.1, or an act involving a contest event prohibited in
16section 717D.2.
17 Sec. 8. NEW SECTION. 717B.3D Animal mistreatment — court
18order — evaluation and treatment.
191. At the time of a person’s conviction for committing a
20public offense constituting animal mistreatment, a court may
21enter an order requiring the person to undergo a psychological
22or psychiatric evaluation and to undergo any treatment that the
23court determines to be appropriate after due consideration of
24the evaluation. However, the court shall enter such an order
25if the convicted person is any of the following:
26a. A juvenile.
27b. An adult committing animal abuse pursuant to section
28717B.2, animal neglect punishable as an aggravated misdemeanor
29or class “D” felony pursuant to section 717B.3, animal torture
30pursuant to section 717B.3A, animal abandonment pursuant to
31section 717B.3B, or animal endangerment pursuant to section
32717B.3C.
332. The costs of undergoing a psychological or psychiatric
34evaluation and undergoing any treatment ordered by the court
35shall be borne by the convicted person, unless the person is
-9-1a juvenile.
23. An order made under this section is in addition to any
3other order or sentence of the court.
44. Any violation of the court order shall be punished as
5contempt of court pursuant to chapter 665.
6 Sec. 9. NEW SECTION. 717B.3E Animal mistreatment —
7sentencing order — prohibitions.
81. At the time of a person’s sentencing for committing a
9public offense constituting animal mistreatment, a court may
10prohibit the person from owning or obtaining custody of an
11animal or residing in the same dwelling where an animal is
12kept. The period of the prohibition shall be not less than
13three years.
142. Notwithstanding subsection 1, the court shall enter such
15an order if the convicted person has committed animal abuse
16pursuant to section 717B.2, animal neglect punishable as an
17aggravated misdemeanor or class “D” felony pursuant to section
18717B.3, animal torture pursuant to section 717B.3A, animal
19abandonment pursuant to section 717B.3B, or animal endangerment
20pursuant to section 717B.3C. The period of such prohibition
21shall be not less than ten years.
223. The duration of a prohibition described in this
23section commences on the date that the person is placed on
24probation, released on parole or work release, or released from
25incarceration or from placement in a juvenile facility.
264. An order made pursuant to this section is in addition to
27any other order or sentence of the court.
285. Any violation of the court order described in this
29section is a public offense and shall be punished as a simple
30misdemeanor.
31 Sec. 10. NEW SECTION. 717B.5A Rescue — motor vehicles.
321. A law enforcement officer or animal warden may rescue
33an animal from a stationary motor vehicle, including through
34the use of forced entrance, if the law enforcement officer
35or animal warden reasonably believes that the animal may
-10-1be suffering distress due to exposure to extreme interior
2temperature or a lack of adequate ventilation. The law
3enforcement officer’s or animal warden’s action is justified
4regardless of whether the law enforcement officer or animal
5warden observed indications of distress or whether the person
6could be charged with or convicted of committing a public
7offense.
82. The law enforcement officer or animal warden shall
9provide written notice of the rescue to the animal’s
10responsible party. This requirement is satisfied by placing
11the notice in a conspicuous place located within the motor
12vehicle. The notice must state where the rescued animal may
13be claimed.
143. The local authority shall provide for the maintenance
15of the rescued animal as if it were a threatened animal under
16section 717B.5. However, a dispositional proceeding under
17section 717B.4 is not required if within ten days after the
18date of the animal’s rescue the responsible party claims the
19animal from the local authority. In order to claim the animal,
20the responsible party must reimburse the local authority for
21all reasonable costs that accrued from rescuing and maintaining
22the animal.
23 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
243, shall not apply to this Act.
25 Sec. 12. REPEAL. Section 717B.8, Code 2019, is repealed.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29GENERAL. This bill amends Code chapter 717B prohibiting
30the mistreatment of certain animals, including dogs and cats,
31but excluding other animals such as livestock (Code chapter
32717); game, fur-bearing animals, fish, reptiles, or amphibians
33(Code chapter 481A), unless such animal is owned, confined,
34or controlled by a person; or a nongame animal declared to be
35a nuisance by the natural resource commission (Code section
-11-1481A.42).
2PRIMARY AND NONPRIMARY CODE CHAPTER 717B OFFENSES (ANIMAL
3MISTREATMENT) — NON-CODE CHAPTER 717B OFFENSES. The bill
4amends three primary offenses which are part of Code chapter
5717B. These include animal abuse (Code section 717B.2),
6animal neglect (Code section 717B.3), and animal torture (Code
7section 717B.3A). The bill creates two new nonprimary criminal
8offenses in Code chapter 717B including animal abandonment
9(new Code section 717B.3B) and animal endangerment (new
10Code section 717B.3C). The bill also refers to two other
11nonprimary offenses provided in the Code chapter which include
12the abandonment of a cat or dog (Code section 717B.8) and
13injury or interference with a police service dog (Code section
14717B.9). All of these primary and nonprimary offenses are
15classified as animal mistreatment. Under the bill, each of
16the primary offenses includes an enhanced penalty that applies
17to a convicted person who has previously committed any of the
18named primary or nonprimary offenses classified as animal
19mistreatment; or committed a non-Code chapter offense including
20bestiality (Code section 717C.1) or an offense involving an
21animal contest (Code section 717D.4).
22TYPES OF PRIMARY OFFENSES — ABUSE. Animal abuse involves
23intentionally injuring an animal by violence or poisoning.
24The bill expands the intent element by adding acting either
25knowingly or recklessly. It also removes a provision that
26exempted a person who acted with the consent of the animal’s
27owner. The bill reduces the penalty from an aggravated to a
28serious misdemeanor for committing animal abuse that does not
29cause an animal serious injury or death and retains the penalty
30of aggravated misdemeanor for committing animal abuse that
31causes an animal serious injury or death. The bill provides
32that the aggravated misdemeanor may be enhanced to a class “D”
33felony if the person was previously convicted of one of the
34named offenses classified as animal mistreatment.
35TYPES OF PRIMARY OFFENSES — NEGLECT. Animal neglect
-12-1involves failing to provide an animal with adequate food,
2water, or shelter, or torturing the animal. The bill rewrites
3these requirements by requiring that an animal be furnished
4with adequate supplies of nutritional food, access to potable
5water, adequate sanitary conditions, ventilated shelter
6sufficient to provide the animal with protection from extreme
7weather conditions, and necessary veterinary care. The bill
8eliminates the torture prohibition. The bill retains the
9criminal penalty which is a simple misdemeanor. However, the
10penalty is increased to a serious misdemeanor if the animal
11suffers an injury and to an aggravated misdemeanor if the
12animal suffers a serious injury or death. In a case where
13the animal suffers a serious injury or death, the aggravated
14misdemeanor may be enhanced to a class “D” felony if the person
15was previously convicted of one of the named offenses.
16TYPES OF PRIMARY OFFENSES — TORTURE. Animal torture
17involves inflicting upon an animal severe physical pain with
18depraved or sadistic intent to cause prolonged suffering
19or death. The bill requires that the act constitute an
20intentional, knowing, or reckless infliction of prolonged or
21repeated physical pain that results in suffering and serious
22injury or death. The bill replaces the current penalties for
23animal torture. A person is no longer guilty of an aggravated
24misdemeanor for the first offense and a class “D” felony for
25a subsequent offense. Instead, a person is guilty of a class
26“D” felony, which is enhanced to a class “C” felony if the
27person was previously convicted of one of the named offenses
28classified as animal mistreatment. The bill also eliminates
29a requirement that a person convicted of animal torture must
30submit to psychological evaluation and treatment.
31TYPES OF NONPRIMARY OFFENSES — ABANDONMENT. Animal
32abandonment involves knowingly or recklessly relinquishing
33custody of an animal at a location in which the person does
34not hold a legal or equitable interest. There are exceptions
35in cases of transferring ownership or custody or making
-13-1arrangements for the care of the animal. The criminal penalty
2is a simple misdemeanor. However, the penalty is increased to
3a serious misdemeanor if the animal suffers an injury and to an
4aggravated misdemeanor if the animal suffers a serious injury
5or death. In a case where the animal suffers a serious injury
6or death, the aggravated misdemeanor may be enhanced to a class
7“D” felony if the person was previously convicted of one of the
8named offenses classified as animal mistreatment.
9TYPES OF NONPRIMARY OFFENSES — ENDANGERMENT. Animal
10endangerment involves confining an animal in a stationary motor
11vehicle in a manner that exposes the animal to a prolonged
12period of extreme interior temperature or a long period
13without adequate ventilation. The criminal penalty is a
14simple misdemeanor. However, the penalty is increased to a
15serious misdemeanor if the animal suffers an injury and to an
16aggravated misdemeanor if the animal suffers a serious injury
17or death. In a case where the animal suffers a serious injury
18or death, the aggravated misdemeanor may be enhanced to a class
19“D” felony if the person was previously convicted of one of the
20named offenses.
21APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
22as follows: (1) simple misdemeanor, confinement for no more
23than 30 days or a fine of at least $65 but not more than $625 or
24by both; (2) serious misdemeanor, confinement for no more than
25one year and a fine of at least $315 but not more than $1,875;
26(3) aggravated misdemeanor, confinement for no more than two
27years and a fine of at least $625 but not more than $6,250; (4)
28class “D” felony, confinement for no more than five years and a
29fine of at least $750 but not more than $7,500; and (5) class
30“C” felony, confinement for no more than 10 years and a fine of
31at least $1,000 but not more than $10,000.
32COURT ORDERS. At the time of conviction for committing
33any of the primary or nonprimary offenses classified as
34animal mistreatment, a person may be subject to a court
35order requiring a psychological or psychiatric evaluation and
-14-1treatment. The person may also be subject to a court order
2prohibiting the person from owning, possessing, or living with
3an animal. In each case, the court’s decision to issue an
4order is discretionary except under certain conditions. A
5court order requiring an evaluation and treatment is mandatory
6for juveniles. That order and the order prohibiting contact
7with animals is also mandatory if the offense is punishable as
8an aggravated misdemeanor or felony. For a discretionary court
9order, the period of prohibition is for not less than three
10years. For a mandatory court order, the period of prohibition
11is not less than 10 years.
12ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS — AND LOCAL
13ANIMAL WARDENS. The bill provides that a law enforcement
14officer (e.g., county sheriff or deputy sheriff) or an animal
15warden (a person employed by local government to enforce the
16animal control laws) is authorized to rescue an animal from a
17motor vehicle based upon a reasonable belief that the animal
18may be suffering distress. The officer or warden must provide
19a written notice of the rescue. After the rescue, the animal
20must be maintained as a rescued animal by the local authority
21until it is claimed or disposed of pursuant to court order.
-15-da/rh
2livestock and wild animals, providing for the rescue of
3animals by local law enforcement agencies, providing for
4criminal offenses and court orders, and including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.1, Code 2019, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Animal mistreatment” means an act
4described as animal abuse as provided in section 717B.2,
5animal neglect as provided in section 717B.3, animal torture
6as provided in section 717B.3A, animal abandonment as provided
7in section 717B.3B, animal endangerment as provided in section
8717B.3C, or injury to or interference with a police service dog
9as provided in section 717B.9.
10 NEW SUBSECTION. 2B. “Animal warden” means a person
11employed, contracted, or appointed by a local authority to
12assist in the enforcement of chapter 162, this chapter, or any
13other law or ordinance relating to the licensing of animals,
14control of animals, or the seizure and impoundment of animals.
15 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
16pleads guilty to, or is sentenced or adjudicated delinquent
17for an act which is an indictable offense in this state or in
18another state, including but not limited to a juvenile who has
19been adjudicated delinquent, whether or not the juvenile court
20records have been sealed under section 232.150, and a person
21who has received a deferred sentence or a deferred judgment or
22has been acquitted by reason of insanity.
23b. “Convicted” includes the conviction of a juvenile
24prosecuted as an adult. “Convicted” also includes a conviction
25for an attempt or conspiracy to commit an offense.
26c. “Convicted” does not mean a plea, sentence, adjudication,
27deferred sentence, or deferred judgment which has been reversed
28or otherwise set aside.
29 NEW SUBSECTION. 4A. “Injury” means an impairment to an
30animal’s health or functions, including physical damage or harm
31to an animal’s muscle, tissue, organs, bones, hide, or skin,
32that causes the animal to suffer pain.
33 NEW SUBSECTION. 8A. “Serious injury” means an injury that
34creates a substantial risk of death or that causes protracted
35disfigurement, protracted impairment of health, or protracted
-1-1loss or impairment of the function of a limb or organ.
2 Sec. 2. Section 717B.1, subsection 9, Code 2019, is amended
3to read as follows:
49. “Threatened animal” means an animal that is abused as
5provided in section 717B.2, neglected as provided in section
6717B.3, or tortured as provided in section 717B.3A suffers from
7animal mistreatment.
8 Sec. 3. Section 717B.2, Code 2019, is amended to read as
9follows:
10717B.2 Animal abuse — penalties.
111. A person is guilty of animal abuse if the person
12intentionally injures, maims, disfigures, or destroys an animal
13owned by another person, in any manner, including intentionally
14poisoning the animal commits animal abuse when the person
15intentionally, knowingly, or recklessly causes injury, serious
16injury, or death to an animal by force, violence, or poisoning.
17A person guilty of animal abuse is guilty of an aggravated
18misdemeanor.
192. This section shall not apply to conduct engaged in by any
20of the following:
211. A person acting with the consent of the person owning
22the animal, unless the action constitutes animal neglect as
23provided in section 717B.3.
242. a. A person acting to carry out an order issued by a
25court.
263. b. A licensed veterinarian practicing veterinary
27medicine as provided in chapter 169.
284. c. A person acting in order to carry out another
29provision of law which allows the conduct.
305. d. A person taking, hunting, trapping, or fishing for a
31wild animal as provided in chapter 481A.
326. e. A person acting to protect the person’s property from
33a wild animal as defined in section 481A.1.
347. f. A person acting to protect a person from injury or
35death caused by a wild animal as defined in section 481A.1.
-2- 18. g. A person reasonably acting to protect the person’s
2property from damage caused by an unconfined animal.
39. h. A person reasonably acting to protect a person from
4injury or death caused by an unconfined animal.
510. i. A local authority reasonably acting to destroy an
6animal, if at the time of the destruction, the owner of the
7animal is absent or unable to care for the animal, and the
8animal is permanently distressed by disease or injury to a
9degree that would result in severe and prolonged suffering.
1011. j. A research facility, as defined in section 162.2,
11provided that the research facility performs functions within
12the scope of accepted practices and disciplines associated with
13the research facility.
143. A person who commits animal abuse that does not cause
15serious injury or death to an animal is guilty of a serious
16misdemeanor.
174. A person who commits animal abuse that causes serious
18injury or death to an animal is guilty of an aggravated
19misdemeanor.
205. Notwithstanding subsection 4, a person who commits
21animal abuse that causes serious injury or death to an animal
22is guilty of a class “D” felony if the person has previously
23been convicted of committing animal abuse pursuant to this
24section, animal neglect pursuant to section 717B.3, animal
25torture pursuant to section 717B.3A, animal abandonment
26pursuant to section 717B.3B, animal endangerment pursuant
27to section 717B.3C, injury to or interference with a police
28service dog pursuant to section 717B.9, bestiality pursuant to
29section 717C.1, or an act involving a contest event prohibited
30in section 717D.2.
31 Sec. 4. Section 717B.3, Code 2019, is amended to read as
32follows:
33717B.3 Animal mistreatment — animal neglect — penalties.
341. A person who impounds or commits animal neglect when
35the person owns or has custody of an animal, confines, in any
-3-1place, an that animal, is guilty of animal neglect if the
2person does any of the following:
3a. Fails and fails to supply the animal during confinement
4with a sufficient quantity of food or water. reasonably provide
5the animal with any of the following:
6a. Access to food in an amount and quality sufficient to
7satisfy the animal’s basic nutrition level.
8b. Fails to provide a confined dog or cat with adequate
9shelter. Access to a supply of potable water in an amount
10sufficient to satisfy the animal’s basic hydration level.
11Access to snow or ice does not satisfy this requirement.
12c. Tortures, deprives of necessary sustenance, mutilates,
13beats, or kills an animal by any means which causes unjustified
14pain, distress, or suffering. Sanitary conditions free from
15excessive animal waste or the overcrowding of animals.
16d. Ventilated shelter sufficient to provide adequate
17protection from the elements and weather conditions suitable
18for the age, species, and physical condition of the animal
19so as to maintain the animal in a state of good health. The
20shelter must protect the animal from wind, rain, snow, or sun
21and have adequate bedding to provide protection against cold
22and dampness. A shelter may include a residence, garage, barn,
23shed, or doghouse.
24e. Grooming, to the extent reasonably necessary to prevent
25adverse health effects or suffering.
26f. Veterinary care deemed necessary by a reasonably
27prudent person to relieve an animal’s distress from any of the
28following:
29(1) A condition caused by failing to provide for the
30animal’s welfare as described in paragraphs “a” through “f”.
31(2) An injury or illness suffered by the animal causing the
32animal to suffer prolonged pain and suffering.
332. This section does not apply to a research facility, as
34defined in section 162.2, provided that the research facility
35performs functions within the scope of accepted practices and
-4-1disciplines associated with the research facility.
23. A person who negligently or intentionally commits the
3offense of animal neglect that does not cause injury or death
4to an animal is guilty of a simple misdemeanor. A person who
5intentionally commits the offense of animal neglect which
6results in serious injury to or the death of an animal is
7guilty of a serious misdemeanor.
84. A person who commits animal neglect that causes injury
9other than serious injury or death to an animal is guilty of a
10serious misdemeanor.
115. A person who commits animal neglect which causes serious
12injury or death to an animal is guilty of an aggravated
13misdemeanor.
146. Notwithstanding subsection 5, a person who commits
15animal neglect which causes serious injury or death to an
16animal is guilty of a class “D” felony if the person has been
17previously convicted of animal abuse pursuant to section
18717B.2, animal neglect pursuant to this section, animal torture
19pursuant to section 717B.3A, animal abandonment pursuant to
20section 717B.3B, animal endangerment pursuant to section
21717B.3C, injury to or interference with a police service dog
22pursuant to section 717B.9, bestiality pursuant to section
23717C.1, or an act involving a contest event prohibited in
24section 717D.2.
25 Sec. 5. Section 717B.3A, Code 2019, is amended to read as
26follows:
27717B.3A Animal mistreatment — animal torture — penalties.
281. A person is guilty of animal torture, regardless of
29whether the person is the owner of the animal, if when the
30person intentionally, knowingly, or recklessly inflicts upon
31the animal severe and prolonged or repeated physical pain with
32a depraved or sadistic intent to cause prolonged that results
33in the animal’s suffering and serious injury or death.
342. This section shall not apply to conduct engaged in by any
35of the following:
-5- 1a. A person acting to carry out an order issued by a court.
2b. A licensed veterinarian practicing veterinary medicine as
3provided in chapter 169.
4c. A person carrying out a practice that is consistent with
5animal husbandry practices.
6d. A person acting in order to carry out another provision
7of law which allows the conduct.
8e. A person taking, hunting, trapping, or fishing for a wild
9animal as provided in chapter 481A.
10f. A person acting to protect the person’s property from a
11wild animal as defined in section 481A.1.
12g. A person acting to protect a person from injury or death
13caused by a wild animal as defined in section 481A.1.
14h. A person reasonably acting to protect the person’s
15property from damage caused by an unconfined animal.
16i. A person reasonably acting to protect a person from
17injury or death caused by an unconfined animal.
18j. A local authority reasonably acting to destroy an animal,
19if at the time of the destruction, the owner of the animal is
20absent or unable to care for the animal, and the animal is
21permanently distressed by disease or injury to a degree that
22would result in severe and prolonged suffering.
23k. A research facility, as defined in section 162.2,
24provided that the research facility performs functions within
25the scope of accepted practices and disciplines associated with
26the research facility.
273. a. The following shall apply to a person who commits
28animal torture:
29(1) For the first conviction, the person is guilty of an
30aggravated misdemeanor. The sentencing order shall provide
31that the person submit to psychological evaluation and
32treatment according to terms required by the court. The costs
33of the evaluation and treatment shall be paid by the person.
34In addition, the sentencing order shall provide that the person
35complete a community work requirement, which may include a work
-6-1requirement performed at an animal shelter or pound, as defined
2in section 162.2, according to terms required by the court.
3(2) For a second or subsequent conviction, the person is
4guilty of a class “D” felony. The sentencing order shall
5provide that the person submit to psychological evaluation and
6treatment according to terms required by the court. The costs
7of the psychological evaluation and treatment shall be paid by
8the person.
9b. The juvenile court shall have exclusive original
10jurisdiction in a proceeding concerning a child who is alleged
11to have committed animal torture, in the manner provided in
12section 232.8. The juvenile court shall not waive jurisdiction
13in a proceeding concerning an offense alleged to have been
14committed by a child under the age of seventeen.
154. A person who commits animal torture is guilty of a class
16“D” felony.
175. Notwithstanding subsection 4, a person who commits
18animal torture is guilty of a class “C” felony if the person
19has previously been convicted of committing animal abuse
20pursuant to section 717B.2, animal neglect pursuant to section
21717B.3, animal torture pursuant to this section, animal
22abandonment pursuant to section 717B.3B, animal endangerment
23pursuant to section 717B.3C, injury to or interference with
24a police service dog pursuant to section 717B.9, bestiality
25pursuant to section 717C.1, or an act involving a contest event
26prohibited in section 717D.2.
27 Sec. 6. NEW SECTION. 717B.3B Animal mistreatment — animal
28abandonment — penalties.
291. A person commits animal abandonment by knowingly or
30recklessly relinquishing custody of an animal at a location in
31which the person does not hold a legal or equitable interest if
32the person does not do any of the following:
33a. Legally transfer the animal to another person.
34b. Make reasonable arrangements for the transfer of custody
35of the animal to a person who agrees to assume custody of the
-7-1animal.
2c. Make other reasonable arrangements for the care of the
3animal in a manner that would not constitute animal neglect
4under section 717B.3.
52. A person who commits animal abandonment that does not
6cause injury or death to an animal is guilty of a simple
7misdemeanor.
83. A person who commits animal abandonment that causes
9injury other than serious injury or death to an animal is
10guilty of a serious misdemeanor.
114. A person who commits animal abandonment that causes
12serious injury or death to an animal is guilty of an aggravated
13misdemeanor.
145. Notwithstanding subsection 4, a person who commits
15animal abandonment that causes serious injury or death to
16an animal is guilty of a class “D” felony if the person has
17previously been convicted of committing animal abandonment
18pursuant to this section, animal abuse pursuant to section
19717B.2, animal neglect pursuant to section 717B.3, animal
20torture pursuant to section 717B.3A, animal endangerment
21pursuant to section 717B.3C, injury to or interference with
22a police service dog pursuant to section 717B.9, bestiality
23pursuant to section 717C.1, or an act involving a contest event
24prohibited in section 717D.2.
25 Sec. 7. NEW SECTION. 717B.3C Animal mistreatment — animal
26endangerment — penalties.
271. A person commits animal endangerment when the person
28confines an animal in a stationary motor vehicle in a manner
29that endangers the health or life of the animal by exposing the
30animal to a prolonged period of extreme interior temperature or
31a long period without adequate ventilation.
322. A person who commits animal endangerment that does
33not cause injury or death to an animal is guilty of a simple
34misdemeanor.
353. A person who commits animal endangerment that causes
-8-1injury other than serious injury or death to an animal is
2guilty of a serious misdemeanor.
34. A person who commits animal endangerment that causes
4serious injury or death to an animal is guilty of an aggravated
5misdemeanor.
65. Notwithstanding subsection 4, a person who commits
7animal endangerment that causes serious injury to an animal
8is guilty of a class “D” felony if the person has previously
9been convicted of committing animal endangerment pursuant to
10this section, animal abuse pursuant to section 717B.2, animal
11neglect pursuant to section 717B.3, animal torture pursuant
12to section 717B.3A, animal abandonment pursuant to section
13717B.3B, injury to or interference with a police service dog
14pursuant to section 717B.9, bestiality pursuant to section
15717C.1, or an act involving a contest event prohibited in
16section 717D.2.
17 Sec. 8. NEW SECTION. 717B.3D Animal mistreatment — court
18order — evaluation and treatment.
191. At the time of a person’s conviction for committing a
20public offense constituting animal mistreatment, a court may
21enter an order requiring the person to undergo a psychological
22or psychiatric evaluation and to undergo any treatment that the
23court determines to be appropriate after due consideration of
24the evaluation. However, the court shall enter such an order
25if the convicted person is any of the following:
26a. A juvenile.
27b. An adult committing animal abuse pursuant to section
28717B.2, animal neglect punishable as an aggravated misdemeanor
29or class “D” felony pursuant to section 717B.3, animal torture
30pursuant to section 717B.3A, animal abandonment pursuant to
31section 717B.3B, or animal endangerment pursuant to section
32717B.3C.
332. The costs of undergoing a psychological or psychiatric
34evaluation and undergoing any treatment ordered by the court
35shall be borne by the convicted person, unless the person is
-9-1a juvenile.
23. An order made under this section is in addition to any
3other order or sentence of the court.
44. Any violation of the court order shall be punished as
5contempt of court pursuant to chapter 665.
6 Sec. 9. NEW SECTION. 717B.3E Animal mistreatment —
7sentencing order — prohibitions.
81. At the time of a person’s sentencing for committing a
9public offense constituting animal mistreatment, a court may
10prohibit the person from owning or obtaining custody of an
11animal or residing in the same dwelling where an animal is
12kept. The period of the prohibition shall be not less than
13three years.
142. Notwithstanding subsection 1, the court shall enter such
15an order if the convicted person has committed animal abuse
16pursuant to section 717B.2, animal neglect punishable as an
17aggravated misdemeanor or class “D” felony pursuant to section
18717B.3, animal torture pursuant to section 717B.3A, animal
19abandonment pursuant to section 717B.3B, or animal endangerment
20pursuant to section 717B.3C. The period of such prohibition
21shall be not less than ten years.
223. The duration of a prohibition described in this
23section commences on the date that the person is placed on
24probation, released on parole or work release, or released from
25incarceration or from placement in a juvenile facility.
264. An order made pursuant to this section is in addition to
27any other order or sentence of the court.
285. Any violation of the court order described in this
29section is a public offense and shall be punished as a simple
30misdemeanor.
31 Sec. 10. NEW SECTION. 717B.5A Rescue — motor vehicles.
321. A law enforcement officer or animal warden may rescue
33an animal from a stationary motor vehicle, including through
34the use of forced entrance, if the law enforcement officer
35or animal warden reasonably believes that the animal may
-10-1be suffering distress due to exposure to extreme interior
2temperature or a lack of adequate ventilation. The law
3enforcement officer’s or animal warden’s action is justified
4regardless of whether the law enforcement officer or animal
5warden observed indications of distress or whether the person
6could be charged with or convicted of committing a public
7offense.
82. The law enforcement officer or animal warden shall
9provide written notice of the rescue to the animal’s
10responsible party. This requirement is satisfied by placing
11the notice in a conspicuous place located within the motor
12vehicle. The notice must state where the rescued animal may
13be claimed.
143. The local authority shall provide for the maintenance
15of the rescued animal as if it were a threatened animal under
16section 717B.5. However, a dispositional proceeding under
17section 717B.4 is not required if within ten days after the
18date of the animal’s rescue the responsible party claims the
19animal from the local authority. In order to claim the animal,
20the responsible party must reimburse the local authority for
21all reasonable costs that accrued from rescuing and maintaining
22the animal.
23 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
243, shall not apply to this Act.
25 Sec. 12. REPEAL. Section 717B.8, Code 2019, is repealed.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29GENERAL. This bill amends Code chapter 717B prohibiting
30the mistreatment of certain animals, including dogs and cats,
31but excluding other animals such as livestock (Code chapter
32717); game, fur-bearing animals, fish, reptiles, or amphibians
33(Code chapter 481A), unless such animal is owned, confined,
34or controlled by a person; or a nongame animal declared to be
35a nuisance by the natural resource commission (Code section
-11-1481A.42).
2PRIMARY AND NONPRIMARY CODE CHAPTER 717B OFFENSES (ANIMAL
3MISTREATMENT) — NON-CODE CHAPTER 717B OFFENSES. The bill
4amends three primary offenses which are part of Code chapter
5717B. These include animal abuse (Code section 717B.2),
6animal neglect (Code section 717B.3), and animal torture (Code
7section 717B.3A). The bill creates two new nonprimary criminal
8offenses in Code chapter 717B including animal abandonment
9(new Code section 717B.3B) and animal endangerment (new
10Code section 717B.3C). The bill also refers to two other
11nonprimary offenses provided in the Code chapter which include
12the abandonment of a cat or dog (Code section 717B.8) and
13injury or interference with a police service dog (Code section
14717B.9). All of these primary and nonprimary offenses are
15classified as animal mistreatment. Under the bill, each of
16the primary offenses includes an enhanced penalty that applies
17to a convicted person who has previously committed any of the
18named primary or nonprimary offenses classified as animal
19mistreatment; or committed a non-Code chapter offense including
20bestiality (Code section 717C.1) or an offense involving an
21animal contest (Code section 717D.4).
22TYPES OF PRIMARY OFFENSES — ABUSE. Animal abuse involves
23intentionally injuring an animal by violence or poisoning.
24The bill expands the intent element by adding acting either
25knowingly or recklessly. It also removes a provision that
26exempted a person who acted with the consent of the animal’s
27owner. The bill reduces the penalty from an aggravated to a
28serious misdemeanor for committing animal abuse that does not
29cause an animal serious injury or death and retains the penalty
30of aggravated misdemeanor for committing animal abuse that
31causes an animal serious injury or death. The bill provides
32that the aggravated misdemeanor may be enhanced to a class “D”
33felony if the person was previously convicted of one of the
34named offenses classified as animal mistreatment.
35TYPES OF PRIMARY OFFENSES — NEGLECT. Animal neglect
-12-1involves failing to provide an animal with adequate food,
2water, or shelter, or torturing the animal. The bill rewrites
3these requirements by requiring that an animal be furnished
4with adequate supplies of nutritional food, access to potable
5water, adequate sanitary conditions, ventilated shelter
6sufficient to provide the animal with protection from extreme
7weather conditions, and necessary veterinary care. The bill
8eliminates the torture prohibition. The bill retains the
9criminal penalty which is a simple misdemeanor. However, the
10penalty is increased to a serious misdemeanor if the animal
11suffers an injury and to an aggravated misdemeanor if the
12animal suffers a serious injury or death. In a case where
13the animal suffers a serious injury or death, the aggravated
14misdemeanor may be enhanced to a class “D” felony if the person
15was previously convicted of one of the named offenses.
16TYPES OF PRIMARY OFFENSES — TORTURE. Animal torture
17involves inflicting upon an animal severe physical pain with
18depraved or sadistic intent to cause prolonged suffering
19or death. The bill requires that the act constitute an
20intentional, knowing, or reckless infliction of prolonged or
21repeated physical pain that results in suffering and serious
22injury or death. The bill replaces the current penalties for
23animal torture. A person is no longer guilty of an aggravated
24misdemeanor for the first offense and a class “D” felony for
25a subsequent offense. Instead, a person is guilty of a class
26“D” felony, which is enhanced to a class “C” felony if the
27person was previously convicted of one of the named offenses
28classified as animal mistreatment. The bill also eliminates
29a requirement that a person convicted of animal torture must
30submit to psychological evaluation and treatment.
31TYPES OF NONPRIMARY OFFENSES — ABANDONMENT. Animal
32abandonment involves knowingly or recklessly relinquishing
33custody of an animal at a location in which the person does
34not hold a legal or equitable interest. There are exceptions
35in cases of transferring ownership or custody or making
-13-1arrangements for the care of the animal. The criminal penalty
2is a simple misdemeanor. However, the penalty is increased to
3a serious misdemeanor if the animal suffers an injury and to an
4aggravated misdemeanor if the animal suffers a serious injury
5or death. In a case where the animal suffers a serious injury
6or death, the aggravated misdemeanor may be enhanced to a class
7“D” felony if the person was previously convicted of one of the
8named offenses classified as animal mistreatment.
9TYPES OF NONPRIMARY OFFENSES — ENDANGERMENT. Animal
10endangerment involves confining an animal in a stationary motor
11vehicle in a manner that exposes the animal to a prolonged
12period of extreme interior temperature or a long period
13without adequate ventilation. The criminal penalty is a
14simple misdemeanor. However, the penalty is increased to a
15serious misdemeanor if the animal suffers an injury and to an
16aggravated misdemeanor if the animal suffers a serious injury
17or death. In a case where the animal suffers a serious injury
18or death, the aggravated misdemeanor may be enhanced to a class
19“D” felony if the person was previously convicted of one of the
20named offenses.
21APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
22as follows: (1) simple misdemeanor, confinement for no more
23than 30 days or a fine of at least $65 but not more than $625 or
24by both; (2) serious misdemeanor, confinement for no more than
25one year and a fine of at least $315 but not more than $1,875;
26(3) aggravated misdemeanor, confinement for no more than two
27years and a fine of at least $625 but not more than $6,250; (4)
28class “D” felony, confinement for no more than five years and a
29fine of at least $750 but not more than $7,500; and (5) class
30“C” felony, confinement for no more than 10 years and a fine of
31at least $1,000 but not more than $10,000.
32COURT ORDERS. At the time of conviction for committing
33any of the primary or nonprimary offenses classified as
34animal mistreatment, a person may be subject to a court
35order requiring a psychological or psychiatric evaluation and
-14-1treatment. The person may also be subject to a court order
2prohibiting the person from owning, possessing, or living with
3an animal. In each case, the court’s decision to issue an
4order is discretionary except under certain conditions. A
5court order requiring an evaluation and treatment is mandatory
6for juveniles. That order and the order prohibiting contact
7with animals is also mandatory if the offense is punishable as
8an aggravated misdemeanor or felony. For a discretionary court
9order, the period of prohibition is for not less than three
10years. For a mandatory court order, the period of prohibition
11is not less than 10 years.
12ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS — AND LOCAL
13ANIMAL WARDENS. The bill provides that a law enforcement
14officer (e.g., county sheriff or deputy sheriff) or an animal
15warden (a person employed by local government to enforce the
16animal control laws) is authorized to rescue an animal from a
17motor vehicle based upon a reasonable belief that the animal
18may be suffering distress. The officer or warden must provide
19a written notice of the rescue. After the rescue, the animal
20must be maintained as a rescued animal by the local authority
21until it is claimed or disposed of pursuant to court order.
-15-da/rh