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House File 176 - IntroducedA Bill ForAn Act 1prohibiting the tampering with certain articles attached
2to an item worn by a dog or worn by a dog, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 351.45 Tampering with a rabies
2vaccination tag — penalties.
31. A person commits the offense of tampering with a rabies
4vaccination tag if all of the following apply:
5a. The person knowingly removes, damages, or destroys a
6rabies vaccination tag as described in section 351.35.
7b. The rabies vaccination tag is attached to a collar worn
8by a dog, including as provided in sections 351.25 and 351.26.
92. a. For a first conviction, the person is guilty of a
10simple misdemeanor.
11b. For a second or subsequent conviction, the person is
12guilty of a serious misdemeanor.
133. This section shall not apply to an act taken by any of
14the following:
15a. The owner of the dog, an agent of the owner, or a person
16authorized to take action by the owner.
17b. A peace officer as defined in section 801.4.
18c. A veterinarian licensed as provided in chapter 169.
19 Sec. 2. NEW SECTION. 351.46 Tampering with an electronic
20handling device — penalties.
211. A person commits the offense of tampering with an
22electronic handling device if all of the following apply:
23a. The person knowingly removes, disables, or destroys
24an electric device designed and used to maintain custody or
25control of the dog or modify the dog’s behavior.
26b. The electronic device is attached to or worn by the
27dog or attached to an item worn by the dog, including but not
28limited to a collar, harness, or vest.
292. a. For a first conviction, the person is guilty of a
30simple misdemeanor.
31b. For a second or subsequent conviction, the person is
32guilty of a serious misdemeanor.
333. This section shall not apply to an act taken by any of
34the following:
35a. The owner of the dog, an agent of the owner, or a person
-1-1authorized to take action by the owner.
2b. A peace officer as defined in section 801.4.
3c. A veterinarian licensed as provided in chapter 169.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill prohibits a person from knowingly tampering with
8certain articles attached to an item such as a collar worn by a
9dog or otherwise attached to the dog. The bill’s first offense
10(new Code section 351.45) prohibits a person from removing,
11damaging, or destroying a rabies vaccination tag attached to a
12collar worn by a dog. Generally, a dog must receive a rabies
13vaccination (Code sections 351.33 and 351.36) and must wear
14a collar with a valid rabies vaccination tag (Code section
15351.25) or else be subject to being killed or seized by law
16enforcement (Code section 351.26). The bill’s second offense
17(new Code section 351.46) prohibits a person from removing,
18disabling, or destroying an electronic handling device while
19attached to the dog or attached to an item worn by the dog
20(e.g., collar, harness, or vest). An electronic handling
21device is designed and used to maintain custody or control of
22the dog or modify the dog’s behavior. Neither offense applies
23to the dog’s owner or to an agent of or a person authorized
24to take action by the owner, a peace officer, or a licensed
25veterinarian.
26For a first conviction of either offense, a person is
27guilty of a simple misdemeanor and for a second or subsequent
28conviction, a person is guilty of a serious misdemeanor.
29A simple misdemeanor is punishable by confinement for no
30more than 30 days or a fine of at least $65 but not more than
31$625 or by both. A serious misdemeanor is punishable by
32confinement for no more than one year and a fine of at least
33$315 but not more than $1,875.
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2to an item worn by a dog or worn by a dog, and providing
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 351.45 Tampering with a rabies
2vaccination tag — penalties.
31. A person commits the offense of tampering with a rabies
4vaccination tag if all of the following apply:
5a. The person knowingly removes, damages, or destroys a
6rabies vaccination tag as described in section 351.35.
7b. The rabies vaccination tag is attached to a collar worn
8by a dog, including as provided in sections 351.25 and 351.26.
92. a. For a first conviction, the person is guilty of a
10simple misdemeanor.
11b. For a second or subsequent conviction, the person is
12guilty of a serious misdemeanor.
133. This section shall not apply to an act taken by any of
14the following:
15a. The owner of the dog, an agent of the owner, or a person
16authorized to take action by the owner.
17b. A peace officer as defined in section 801.4.
18c. A veterinarian licensed as provided in chapter 169.
19 Sec. 2. NEW SECTION. 351.46 Tampering with an electronic
20handling device — penalties.
211. A person commits the offense of tampering with an
22electronic handling device if all of the following apply:
23a. The person knowingly removes, disables, or destroys
24an electric device designed and used to maintain custody or
25control of the dog or modify the dog’s behavior.
26b. The electronic device is attached to or worn by the
27dog or attached to an item worn by the dog, including but not
28limited to a collar, harness, or vest.
292. a. For a first conviction, the person is guilty of a
30simple misdemeanor.
31b. For a second or subsequent conviction, the person is
32guilty of a serious misdemeanor.
333. This section shall not apply to an act taken by any of
34the following:
35a. The owner of the dog, an agent of the owner, or a person
-1-1authorized to take action by the owner.
2b. A peace officer as defined in section 801.4.
3c. A veterinarian licensed as provided in chapter 169.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill prohibits a person from knowingly tampering with
8certain articles attached to an item such as a collar worn by a
9dog or otherwise attached to the dog. The bill’s first offense
10(new Code section 351.45) prohibits a person from removing,
11damaging, or destroying a rabies vaccination tag attached to a
12collar worn by a dog. Generally, a dog must receive a rabies
13vaccination (Code sections 351.33 and 351.36) and must wear
14a collar with a valid rabies vaccination tag (Code section
15351.25) or else be subject to being killed or seized by law
16enforcement (Code section 351.26). The bill’s second offense
17(new Code section 351.46) prohibits a person from removing,
18disabling, or destroying an electronic handling device while
19attached to the dog or attached to an item worn by the dog
20(e.g., collar, harness, or vest). An electronic handling
21device is designed and used to maintain custody or control of
22the dog or modify the dog’s behavior. Neither offense applies
23to the dog’s owner or to an agent of or a person authorized
24to take action by the owner, a peace officer, or a licensed
25veterinarian.
26For a first conviction of either offense, a person is
27guilty of a simple misdemeanor and for a second or subsequent
28conviction, a person is guilty of a serious misdemeanor.
29A simple misdemeanor is punishable by confinement for no
30more than 30 days or a fine of at least $65 but not more than
31$625 or by both. A serious misdemeanor is punishable by
32confinement for no more than one year and a fine of at least
33$315 but not more than $1,875.
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