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Senate File 591 - IntroducedA Bill ForAn Act 1relating to the mistreatment of certain animals other
2than livestock and wildlife, by providing for criminal
3offenses, and including penalties.
4BE 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 subsection:
3 NEW SUBSECTION. 3A. “Commercial establishment” means the
4same as defined in section 162.2.
5 Sec. 2. Section 717B.2, unnumbered paragraph 1, Code 2019,
6is amended to read as follows:
7A person is guilty of commits animal abuse if the person
8intentionally injures, maims, disfigures, or destroys an animal
9owned by another person, in any manner, including intentionally
10poisoning the animal. A person guilty of who commits animal
11abuse is guilty of an aggravated misdemeanor. However, for a
12person’s second or subsequent conviction of animal abuse, the
13person is guilty of a class “D” felony. This section shall not
14apply to any of the following:
15 Sec. 3. Section 717B.2, Code 2019, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 12. A commercial establishment, provided
18that the commercial establishment’s conduct complies with
19applicable standard of care requirements in section 162.10A.
20 Sec. 4. Section 717B.3, subsection 1, unnumbered paragraph
211, Code 2019, is amended to read as follows:
22A person who impounds or confines, in any place, an animal is
23guilty of commits animal neglect if the person does any of the
24following:
25 Sec. 5. Section 717B.3, subsection 3, Code 2019, is amended
26to read as follows:
273. A person who negligently or intentionally commits the
28offense of animal neglect is guilty of a simple misdemeanor. A
29person who intentionally commits the offense of animal neglect
30which results in a serious injury to or the death of an animal
31is guilty of a serious an aggravated misdemeanor.
32 Sec. 6. Section 717B.3A, subsection 1, Code 2019, is amended
33to read as follows:
341. A person is guilty of commits animal torture, regardless
35of whether the person is the owner of the animal, if the person
-1-1intentionally inflicts upon the animal severe physical pain
2with a depraved or sadistic intent to cause in a manner that
3causes the animal’s prolonged suffering or death.
4 Sec. 7. Section 717B.3A, subsection 2, Code 2019, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. l. A commercial establishment, provided that
7the commercial establishment’s conduct complies with applicable
8standard of care requirements in section 162.10A.
9 Sec. 8. Section 717B.3A, subsection 3, paragraph a,
10subparagraphs (1) and (2), Code 2019, are amended to read as
11follows:
12(1) For the first conviction, the The person is guilty of an
13aggravated misdemeanor a class “D” felony.
14(2) The sentencing order shall provide that the person
15submit to psychological evaluation and treatment according to
16terms required by the court. The costs of the evaluation and
17treatment shall be paid by the person. In addition For the
18first conviction, the sentencing order shall provide that the
19person complete a community work requirement, which may include
20a work requirement performed at an animal shelter or pound, as
21defined in section 162.2, according to terms required by the
22court.
23(2) For a second or subsequent conviction, the person is
24guilty of a class “D” felony. The sentencing order shall
25provide that the person submit to psychological evaluation and
26treatment according to terms required by the court. The costs
27of the psychological evaluation and treatment shall be paid by
28the person.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32MISTREATMENT OF ANIMALS — INCREASE IN CRIMINAL PENALTIES.
33 Currently, the criminal penalty for a conviction of animal
34abuse is an aggravated misdemeanor. This bill provides that
35the criminal penalty for a second or subsequent conviction for
-2-1that offense is enhanced to a class “D” felony. The current
2criminal penalty for a conviction of animal neglect is a simple
3misdemeanor, unless the convicted person’s actions resulted
4in a serious injury to the animal or the animal’s death. In
5the instance in which an animal is inflicted with a serious
6injury, the bill increases the enhanced criminal penalty from a
7serious misdemeanor to an aggravated misdemeanor. Currently,
8the criminal penalty for animal torture is an aggravated
9misdemeanor for the first conviction which is enhanced to a
10class “D” felony for a second or subsequent conviction. For
11each conviction, the court’s sentencing order must provide
12that the guilty person submit to psychological evaluation and
13treatment, and for the first conviction the order must require
14the guilty person complete a community work requirement.
15The bill provides the criminal penalty is a class “D”
16felony without regard to the number of prior convictions and
17eliminates the enhanced penalty provision. The bill also makes
18certain changes in terminology for purposes of consistency and
19readability.
20ANIMAL TORTURE — ELEMENT TO PROVE CRIME. For animal
21torture, the bill requires that a person act intentionally
22rather than with a depraved or sadistic intent.
23ANIMAL ABUSE AND ANIMAL TORTURE — EXCEPTION FOR COMMERCIAL
24ESTABLISHMENTS. The bill provides that the offenses classified
25as animal abuse and animal torture are not committed by
26a commercial establishment regulated by the department of
27agriculture and land stewardship (DALS) if the commercial
28establishment’s conduct complies with certain standard of care
29requirements.
30BACKGROUND — MISTREATMENT OF CERTAIN ANIMALS. Code chapter
31717B prohibits the mistreatment of certain animals, including
32dogs and cats, but excludes three classifications: (1)
33livestock (Code chapter 717); wildlife under the jurisdiction
34of the department of natural resources (Code chapter 481),
35unless such animal is owned, confined, or controlled by a
-3-1person; and (3) a nongame animal declared by the department to
2be a nuisance (Code section 481A.42).
3BACKGROUND — COMMERCIAL ESTABLISHMENTS. A commercial
4establishment includes a person required to be issued some form
5of authorization by the DALS (Code section 162.2A), including
6an animal shelter, pound, or research facility (certificate
7of registration); a pet shop, boarding kennel, or commercial
8kennel (state license); or a dealer, commercial breeder, or
9public auction (either a state license or a permit). A permit
10is issued if the person is licensed under the federal Animal
11Welfare Act (7 U.S.C. ch.54) by the United States department
12of agriculture.
13APPLICABLE CRIMINAL PENALTIES. The criminal penalties
14described in the bill are as follows: (1) for a simple
15misdemeanor, confinement for no more than 30 days or a fine
16of at least $65 but not more than $625 or by both; (2) for a
17serious misdemeanor, confinement for no more than one year and
18a fine of at least $315 but not more than $1,875; (3) for an
19aggravated misdemeanor, confinement for no more than two years
20and a fine of at least $625 but not more than $6,250; and (4)
21for a class “D” felony, confinement for no more than five years
22and 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, and including penalties.
4BE 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 subsection:
3 NEW SUBSECTION. 3A. “Commercial establishment” means the
4same as defined in section 162.2.
5 Sec. 2. Section 717B.2, unnumbered paragraph 1, Code 2019,
6is amended to read as follows:
7A person is guilty of commits animal abuse if the person
8intentionally injures, maims, disfigures, or destroys an animal
9owned by another person, in any manner, including intentionally
10poisoning the animal. A person guilty of who commits animal
11abuse is guilty of an aggravated misdemeanor. However, for a
12person’s second or subsequent conviction of animal abuse, the
13person is guilty of a class “D” felony. This section shall not
14apply to any of the following:
15 Sec. 3. Section 717B.2, Code 2019, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 12. A commercial establishment, provided
18that the commercial establishment’s conduct complies with
19applicable standard of care requirements in section 162.10A.
20 Sec. 4. Section 717B.3, subsection 1, unnumbered paragraph
211, Code 2019, is amended to read as follows:
22A person who impounds or confines, in any place, an animal is
23guilty of commits animal neglect if the person does any of the
24following:
25 Sec. 5. Section 717B.3, subsection 3, Code 2019, is amended
26to read as follows:
273. A person who negligently or intentionally commits the
28offense of animal neglect is guilty of a simple misdemeanor. A
29person who intentionally commits the offense of animal neglect
30which results in a serious injury to or the death of an animal
31is guilty of a serious an aggravated misdemeanor.
32 Sec. 6. Section 717B.3A, subsection 1, Code 2019, is amended
33to read as follows:
341. A person is guilty of commits animal torture, regardless
35of whether the person is the owner of the animal, if the person
-1-1intentionally inflicts upon the animal severe physical pain
2with a depraved or sadistic intent to cause in a manner that
3causes the animal’s prolonged suffering or death.
4 Sec. 7. Section 717B.3A, subsection 2, Code 2019, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. l. A commercial establishment, provided that
7the commercial establishment’s conduct complies with applicable
8standard of care requirements in section 162.10A.
9 Sec. 8. Section 717B.3A, subsection 3, paragraph a,
10subparagraphs (1) and (2), Code 2019, are amended to read as
11follows:
12(1) For the first conviction, the The person is guilty of an
13aggravated misdemeanor a class “D” felony.
14(2) The sentencing order shall provide that the person
15submit to psychological evaluation and treatment according to
16terms required by the court. The costs of the evaluation and
17treatment shall be paid by the person. In addition For the
18first conviction, the sentencing order shall provide that the
19person complete a community work requirement, which may include
20a work requirement performed at an animal shelter or pound, as
21defined in section 162.2, according to terms required by the
22court.
23(2) For a second or subsequent conviction, the person is
24guilty of a class “D” felony. The sentencing order shall
25provide that the person submit to psychological evaluation and
26treatment according to terms required by the court. The costs
27of the psychological evaluation and treatment shall be paid by
28the person.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32MISTREATMENT OF ANIMALS — INCREASE IN CRIMINAL PENALTIES.
33 Currently, the criminal penalty for a conviction of animal
34abuse is an aggravated misdemeanor. This bill provides that
35the criminal penalty for a second or subsequent conviction for
-2-1that offense is enhanced to a class “D” felony. The current
2criminal penalty for a conviction of animal neglect is a simple
3misdemeanor, unless the convicted person’s actions resulted
4in a serious injury to the animal or the animal’s death. In
5the instance in which an animal is inflicted with a serious
6injury, the bill increases the enhanced criminal penalty from a
7serious misdemeanor to an aggravated misdemeanor. Currently,
8the criminal penalty for animal torture is an aggravated
9misdemeanor for the first conviction which is enhanced to a
10class “D” felony for a second or subsequent conviction. For
11each conviction, the court’s sentencing order must provide
12that the guilty person submit to psychological evaluation and
13treatment, and for the first conviction the order must require
14the guilty person complete a community work requirement.
15The bill provides the criminal penalty is a class “D”
16felony without regard to the number of prior convictions and
17eliminates the enhanced penalty provision. The bill also makes
18certain changes in terminology for purposes of consistency and
19readability.
20ANIMAL TORTURE — ELEMENT TO PROVE CRIME. For animal
21torture, the bill requires that a person act intentionally
22rather than with a depraved or sadistic intent.
23ANIMAL ABUSE AND ANIMAL TORTURE — EXCEPTION FOR COMMERCIAL
24ESTABLISHMENTS. The bill provides that the offenses classified
25as animal abuse and animal torture are not committed by
26a commercial establishment regulated by the department of
27agriculture and land stewardship (DALS) if the commercial
28establishment’s conduct complies with certain standard of care
29requirements.
30BACKGROUND — MISTREATMENT OF CERTAIN ANIMALS. Code chapter
31717B prohibits the mistreatment of certain animals, including
32dogs and cats, but excludes three classifications: (1)
33livestock (Code chapter 717); wildlife under the jurisdiction
34of the department of natural resources (Code chapter 481),
35unless such animal is owned, confined, or controlled by a
-3-1person; and (3) a nongame animal declared by the department to
2be a nuisance (Code section 481A.42).
3BACKGROUND — COMMERCIAL ESTABLISHMENTS. A commercial
4establishment includes a person required to be issued some form
5of authorization by the DALS (Code section 162.2A), including
6an animal shelter, pound, or research facility (certificate
7of registration); a pet shop, boarding kennel, or commercial
8kennel (state license); or a dealer, commercial breeder, or
9public auction (either a state license or a permit). A permit
10is issued if the person is licensed under the federal Animal
11Welfare Act (7 U.S.C. ch.54) by the United States department
12of agriculture.
13APPLICABLE CRIMINAL PENALTIES. The criminal penalties
14described in the bill are as follows: (1) for a simple
15misdemeanor, confinement for no more than 30 days or a fine
16of at least $65 but not more than $625 or by both; (2) for a
17serious misdemeanor, confinement for no more than one year and
18a fine of at least $315 but not more than $1,875; (3) for an
19aggravated misdemeanor, confinement for no more than two years
20and a fine of at least $625 but not more than $6,250; and (4)
21for a class “D” felony, confinement for no more than five years
22and a fine of at least $750 but not more than $7,500.
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