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House File 737 - IntroducedA Bill ForAn Act 1relating to the regulation of persons involved with
2animals other than livestock and certain wild animals,
3providing for criminal offenses and court orders associated
4with animal mistreatment, and including penalties.
5BE 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.
19d. An animal shelter or pound as defined in section 162.2.
20 Sec. 2. NEW SECTION. 351.46 Tampering with an electronic
21handling device — penalties.
221. A person commits the offense of tampering with an
23electronic handling device if all of the following apply:
24a. The person knowingly removes, disables, or destroys
25an electric device designed and used to maintain custody or
26control of the dog or modify the dog’s behavior.
27b. The electronic device is attached to or worn by the
28dog or attached to an item worn by the dog, including but not
29limited to a collar, harness, or vest.
302. a. For a first conviction, the person is guilty of a
31simple misdemeanor.
32b. For a second or subsequent conviction, the person is
33guilty of a serious misdemeanor.
343. This section shall not apply to an act taken by any of
35the following:
-1- 1a. The owner of the dog, an agent of the owner, or a person
2authorized to take action by the owner.
3b. A peace officer as defined in section 801.4.
4c. A veterinarian licensed as provided in chapter 169.
5d. An animal shelter or pound as defined in section 162.2.
6 Sec. 3. Section 717B.1, subsection 1, Code 2019, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. 0b. Preserve whitetail as defined in section
9484C.1.
10 Sec. 4. Section 717B.1, Code 2019, is amended by adding the
11following new subsections:
12 NEW SUBSECTION. 2A. “Animal mistreatment” means an act
13described as animal abuse as provided in section 717B.2,
14animal neglect as provided in section 717B.3, animal torture
15as provided in section 717B.3A, abandonment of a cat or dog as
16provided in section 717B.8, or injury to or interference with a
17police service dog as provided in section 717B.9.
18 NEW SUBSECTION. 3A. “Commercial establishment” means a
19commercial establishment as defined in section 162.2 that is
20operating under a valid authorization issued or renewed under
21section 162.2A.
22 NEW SUBSECTION. 3B. a. “Convicted” means the entry of
23a judgment of conviction under chapter 901 or adjudicated
24delinquent for an act which is an indictable offense in this
25state or in another state under chapter 232.
26b. “Convicted” does not mean a plea, sentence, adjudication,
27deferred sentence, or deferred judgment which has been reversed
28or otherwise set aside.
29 NEW SUBSECTION. 3C. “Department” means the department of
30agriculture and land stewardship.
31 NEW SUBSECTION. 4A. “Euthanasia” means the same as defined
32in section 162.2.
33 NEW SUBSECTION. 4B. “Injury” means an animal’s
34disfigurement; the impairment of an animal’s health; or an
35impairment to the functioning of an animal’s limb or organ,
-2-1including physical damage or harm to an animal’s muscle,
2tissue, organs, bones, hide, or skin.
3 NEW SUBSECTION. 8A. “Serious injury” means an injury that
4constitutes an animal’s protracted or permanent disfigurement,
5the protracted or permanent impairment of an animal’s health,
6the protracted or permanent impairment of the functioning of
7an animal’s limb or organ, or the loss of an animal’s limb or
8organ.
9 NEW SUBSECTION. 10. “Veterinarian” means a veterinarian
10licensed pursuant to chapter 169 who practices veterinary
11medicine in this state.
12 Sec. 5. Section 717B.2, Code 2019, is amended to read as
13follows:
14717B.2 Animal mistreatment — animal abuse— penalties.
151. A person is guilty of animal abuse if the person
16intentionally injures, maims, disfigures, or destroys an animal
17owned by another person, in any manner, including intentionally
18poisoning the animal commits animal abuse when the person
19intentionally, knowingly, or recklessly acts to inflict injury,
20serious injury, or death on an animal by force, violence, or
21poisoning. A person guilty of animal abuse is guilty of an
22aggravated misdemeanor.
232. This section shall not apply to any of the following:
241. A person acting with the consent of the person owning
25the animal, unless the action constitutes animal neglect as
26provided in section 717B.3.
27a. An owner of the animal, or a person acting with the
28consent of the owner, who euthanizes an animal in a reasonable
29manner, if at the time of the euthanasia, the animal is in a
30state of permanent pain or suffering.
312. b. A person acting to carry out an order issued by a
32court.
333. c. A licensed veterinarian practicing veterinary
34medicine as provided in chapter 169.
354. d. A person acting in order to carry out another
-3-1provision of law which allows the conduct.
25. e. A person taking, hunting, trapping, or fishing for a
3wild animal as provided in chapter 481A.
46. f. A person acting to protect the person’s property from
5a wild animal as defined in section 481A.1.
67. g. A person acting to protect a person from injury or
7death caused by a wild animal as defined in section 481A.1.
88. h. A person reasonably acting to protect the person’s
9property from damage caused by an unconfined animal.
109. i. A person reasonably acting to protect a person from
11injury or death caused by an unconfined animal.
1210. j. A local authority reasonably acting to destroy an
13animal, if at the time of the destruction, the owner of the
14animal is absent or unable to care for the animal, and the
15animal is permanently distressed by disease or injury to a
16degree that would result in severe and prolonged suffering.
1711. k. A research facility, as defined in section 162.2,
18provided that if the research facility has been issued a valid
19authorization by the department pursuant to chapter 162, and
20 performs functions within the scope of accepted practices and
21disciplines associated with the research facility.
22l. An act required to be carried out by a commercial
23establishment to care for an animal in its possession or
24under its control as described in section 162.10A, subsection
251, provided that the commercial establishment complies
26with applicable standard of care requirements pursuant to
27subsections 1 and 2 of that section.
283. A person who commits animal abuse that causes injury,
29other than serious injury or death, to an animal is guilty of
30a serious misdemeanor.
314. A person who commits animal abuse that causes serious
32injury or death to an animal is guilty of an aggravated
33misdemeanor.
345. Notwithstanding subsection 4, a person who commits
35animal abuse that causes serious injury or death to an animal
-4-1is guilty of a class “D” felony if the person has previously
2been convicted of committing animal abuse pursuant to this
3section, animal neglect punishable as a serious misdemeanor
4or aggravated misdemeanor pursuant to section 717B.3, animal
5torture pursuant to section 717B.3A, injury to or interference
6with a police service dog pursuant to section 717B.9,
7bestiality pursuant to section 717C.1, or an act involving a
8contest event prohibited in section 717D.2.
9 Sec. 6. Section 717B.3, Code 2019, is amended to read as
10follows:
11717B.3 Animal mistreatment — animal neglect — penalties.
121. A person who impounds or commits animal neglect when
13the person owns or has custody of an animal, confines, in any
14place, an that animal, is guilty of animal neglect if the
15person does any of the following:
16a. Fails and fails to supply the animal during confinement
17with a sufficient quantity of food or water. provide the animal
18with any of the following conditions for the animal’s welfare:
19a. Access to food in an amount and quality reasonably
20sufficient to satisfy the animal’s basic nutrition level to the
21extent that the animal’s health or life is endangered.
22b. Fails to provide a confined dog or cat with adequate
23shelter Access to a supply of potable water in an amount
24reasonably sufficient to satisfy the animal’s basic hydration
25level to the extent that the animal’s health or life is
26endangered. Access to snow or ice does not satisfy this
27requirement.
28c. Tortures, deprives of necessary sustenance, mutilates,
29beats, or kills an animal by any means which causes unjustified
30pain, distress, or suffering Sanitary conditions free from
31excessive animal waste or the overcrowding of animals to the
32extent that the animal’s health or life is endangered.
33d. Ventilated shelter reasonably sufficient to provide
34adequate protection from the elements and weather conditions
35suitable for the age, species, and physical condition of the
-5-1animal so as to maintain the animal in a state of good health
2to the extent that the animal’s health or life is endangered.
3The shelter must protect the animal from wind, rain, snow, or
4sun and have adequate bedding to provide reasonable protection
5against cold and dampness. A shelter may include a residence,
6garage, barn, shed, or doghouse.
7e. Grooming, to the extent it is reasonably necessary to
8prevent adverse health effects or suffering.
9f. Veterinary care deemed necessary by a reasonably
10prudent person to relieve an animal’s distress from any of the
11following:
12(1) A condition caused by failing to provide for the
13animal’s welfare as described in this subsection.
14(2) An injury or illness suffered by the animal causing the
15animal to suffer prolonged pain and suffering.
162. This section does not apply to conduct engaged in by
17 a research facility, as defined in section 162.2, provided
18that if the research facility has been issued a valid
19authorization by the department pursuant to chapter 162, and
20 performs functions within the scope of accepted practices and
21disciplines associated with the research facility.
223. A person who negligently or intentionally commits
23the offense of animal neglect that does not cause injury,
24serious injury, or death to an animal is guilty of a simple
25misdemeanor. A person who intentionally commits the offense of
26animal neglect which results in serious injury to or the death
27of an animal is guilty of a serious misdemeanor.
284. A person who commits animal neglect that causes injury,
29other than serious injury or death, to an animal is guilty of
30a serious misdemeanor.
315. A person who commits animal neglect that causes serious
32injury or death to an animal is guilty of an aggravated
33misdemeanor.
346. Notwithstanding subsection 5, a person who commits
35animal neglect that causes serious injury or death to an
-6-1animal is guilty of a class “D” felony if the person has been
2previously convicted of animal abuse pursuant to section
3717B.2, animal neglect punishable as a serious misdemeanor or
4aggravated misdemeanor pursuant to this section, animal torture
5pursuant to section 717B.3A, injury to or interference with
6a police service dog pursuant to section 717B.9, bestiality
7pursuant to section 717C.1, or an act involving a contest event
8prohibited in section 717D.2.
9 Sec. 7. Section 717B.3A, Code 2019, is amended to read as
10follows:
11717B.3A Animal mistreatment — animal torture — penalties.
121. A person is guilty of animal torture, regardless of
13whether the person is the owner of the animal, if the person
14intentionally or knowingly inflicts upon the on an animal
15severe and prolonged or repeated physical pain with a depraved
16or sadistic intent to cause prolonged suffering that causes the
17animal’s serious injury or death.
182. This section shall not apply to any of the following:
19a. A person acting to carry out an order issued by a court.
20b. A licensed veterinarian practicing veterinary medicine as
21provided in chapter 169.
22c. A person carrying out a practice that is consistent with
23animal husbandry practices.
24d. c. A person acting in order to carry out another
25provision of law which allows the conduct.
26e. d. A person taking, hunting, trapping, or fishing for a
27wild animal as provided in chapter 481A.
28f. e. A person acting to protect the person’s property from
29a wild animal as defined in section 481A.1.
30g. f. A person acting to protect a person from injury
31 bodily harm or death caused by a wild animal as defined in
32section 481A.1.
33h. g. A person reasonably acting reasonably to protect the
34person’s property from damage caused by an unconfined animal.
35i. h. A person reasonably acting reasonably to protect a
-7-1person from injury bodily harm or death caused by an unconfined
2animal.
3j. i. A local authority reasonably acting reasonably to
4destroy euthanize an animal, if at the time of the destruction
5 euthanasia, the owner of the animal is absent or unable to care
6for the animal, and the animal is permanently distressed by
7disease or injury to a degree that would result in severe and
8prolonged suffering.
9k. j. A research facility, as defined in section 162.2,
10provided that if the research facility has been issued a valid
11authorization by the department pursuant to chapter 162, and
12 the research facility performs functions within the scope of
13accepted practices and disciplines associated with the research
14facility.
15k. An act required to be carried out by a commercial
16establishment to care for an animal in its possession or
17under its control as described in section 162.10A, subsection
181, provided that the commercial establishment complies
19with applicable standard of care requirements pursuant to
20subsections 1 and 2 of that section.
213. a. The following shall apply to a person who commits
22animal torture:
23(1) For the first conviction, the person is guilty of an
24aggravated misdemeanor. The sentencing order shall provide
25that the person submit to psychological evaluation and
26treatment according to terms required by the court. The costs
27of the evaluation and treatment shall be paid by the person.
28In addition, the sentencing order shall provide that the person
29complete a community work requirement, which may include a work
30requirement performed at an animal shelter or pound, as defined
31in section 162.2, according to terms required by the court.
32(2) For a second or subsequent conviction, the person is
33guilty of a class “D” felony. The sentencing order shall
34provide that the person submit to psychological evaluation and
35treatment according to terms required by the court. The costs
-8-1of the psychological evaluation and treatment shall be paid by
2the person.
3b. The juvenile court shall have exclusive original
4jurisdiction in a proceeding concerning a child who is alleged
5to have committed animal torture, in the manner provided in
6section 232.8. The juvenile court shall not waive jurisdiction
7in a proceeding concerning such an offense alleged to have been
8committed by a child under the age of seventeen.
94. A person who commits animal torture is guilty of a class
10“D” felony.
115. Notwithstanding subsection 4, a person who commits
12animal torture is guilty of a class “C” felony if the person
13has previously been convicted of committing animal abuse
14pursuant to section 717B.2, animal neglect punishable as a
15serious misdemeanor or aggravated misdemeanor pursuant to
16section 717B.3, animal torture pursuant to this section, injury
17to or interference with a police service dog pursuant to
18section 717B.9, bestiality pursuant to section 717C.1, or an
19act involving a contest event prohibited in section 717D.2.
20 Sec. 8. NEW SECTION. 717B.3B Animal mistreatment — court
21order — evaluation and treatment.
221. At the time of a person’s conviction for committing a
23public offense constituting animal mistreatment, a court may
24enter an order requiring the person to undergo a psychological
25or psychiatric evaluation and to undergo any treatment that the
26court determines to be appropriate after due consideration of
27the evaluation.
282. Notwithstanding subsection 1, the court shall enter an
29order described in that subsection, if the convicted person is
30any of the following:
31a. A juvenile.
32b. An adult convicted of animal abuse punishable as an
33aggravated misdemeanor or class “D” felony pursuant to section
34717B.2, animal neglect punishable as an aggravated misdemeanor
35or class “D” felony pursuant to section 717B.3, or animal
-9-1torture pursuant to section 717B.3A.
23. The costs of undergoing a psychological or psychiatric
3evaluation and undergoing any treatment ordered by the court
4shall be borne by the convicted person, unless the person is
5a juvenile.
64. An order made under this section is in addition to any
7other order or sentence of the court.
85. Any violation of the court order shall be punished as
9contempt of court pursuant to chapter 665.
10 Sec. 9. Section 717B.8, Code 2019, is amended to read as
11follows:
12717B.8 Abandonment of cats and dogs — penalties.
131. A person who has ownership commits animal abandonment if
14the person owns or has custody of a cat or dog shall not abandon
15the cat or dog, except the person may deliver and relinquishes
16all rights in and duties to care for the cat or dog.
172. This section does not apply to any of the following:
18a. The delivery of acat or dog to another person who will
19accept ownership and custody or the person may deliver of the
20cat or dog.
21b. The delivery of acat or dog to an animal shelter or
22pound as defined in section 162.2 that has been issued a valid
23authorization by the department under chapter 162.
24c. A person who relinquishes custody of a cat at a location
25in which the person does not hold a legal or equitable
26interest, if previously the person had taken custody of the cat
27at the same location and provided for the cat’s sterilization
28by a veterinarian.
293. a. A person who violates this section commits animal
30abandonment that does not cause injury or death to an animal is
31guilty of a simple misdemeanor.
32b. A person who commits animal abandonment that causes
33injury other than serious injury or death to an animal is
34guilty of a serious misdemeanor.
35c. A person who commits animal abandonment that causes
-10-1serious injury or death to an animal is guilty of an aggravated
2misdemeanor.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6TAMPERING WITH ITEMS WORN BY A DOG. This bill prohibits a
7person from knowingly tampering with certain articles attached
8to an item such as a collar worn by a dog or otherwise attached
9to the dog. First, the bill prohibits a person from removing,
10damaging, or destroying a rabies vaccination tag attached to a
11collar worn by a dog (new Code section 351.45). Generally, a
12dog must receive a rabies vaccination (Code sections 351.33 and
13351.36) and must wear a collar with a valid rabies vaccination
14tag (Code section 351.25) or else be subject to being killed or
15seized by law enforcement (Code section 351.26). The bill’s
16second offense prohibits a person from removing, disabling, or
17destroying an electronic handling device while attached to the
18dog or attached to an item worn by the dog such as a collar,
19harness, or vest (new Code section 351.46). An electronic
20handling device is designed and used to maintain custody or
21control of the dog or modify the dog’s behavior. Neither
22offense applies to the dog’s owner or to an agent of or a
23person authorized to take action by the owner, a peace officer,
24a licensed veterinarian, or an animal shelter. For a first
25conviction of either offense, a person is guilty of a simple
26misdemeanor and for a second or subsequent conviction, a person
27is guilty of a serious misdemeanor.
28ANIMAL MISTREATMENT — GENERAL. The bill amends Code
29chapter 717B prohibiting the mistreatment of certain animals,
30including dogs and cats, but excluding other animals from
31its provisions such as livestock (Code chapter 717); game,
32fur-bearing animals, fish, reptiles, or amphibians (Code
33chapter 481A), unless such animal is owned, confined, or
34controlled by a person; or a nongame animal declared to be
35a nuisance by the natural resource commission (Code sections
-11-1481A.42 and 717B.1). The bill also refers to commercial
2establishments which are regulated by the department of
3agriculture and land stewardship (DALS) and the United States
4department of agriculture (USDA) (Code chapter 162).
5CODE CHAPTER 717B OFFENSES (ANIMAL MISTREATMENT) — NON-CODE
6CHAPTER 717B OFFENSES. The bill amends four criminal offenses
7which are part of Code chapter 717B. These include animal
8abuse (Code section 717B.2), animal neglect (Code section
9717B.3), animal torture (Code section 717B.3A), and animal
10abandonment (Code section 717B.8). The bill also refers to a
11fourth offense, injury or interference with a police service
12dog (Code section 717B.9). All of these offenses, which the
13bill classifies as “animal mistreatment”, are currently subject
14to a series of penalties ranging from a simple misdemeanor
15(animal neglect not resulting in a serious injury or death)
16to a class “D” felony (animal torture). The bill refers to
17two other types of offenses not part of Code chapter 717B and
18which each define “animal” broadly to include any nonhuman
19vertebrate. These include the offense of bestiality (Code
20section 717C.1) and a number of closely related offenses that
21involve animals participating in certain contest events such as
22fighting that may result in an animal’s injury or death (Code
23section 717D.2).
24DISTINCTION BETWEEN INJURY AND SERIOUS INJURY. The bill
25retains and expands a distinction between an infliction of
26an injury and serious injury or death currently applicable
27to animal neglect. The bill defines an injury to include an
28animal’s disfigurement, the impairment of an animal’s health,
29or an impairment to the functioning of an animal’s limb or
30organ. It defines a serious injury as an animal’s protracted
31or permanent disfigurement, the protracted or permanent
32impairment of an animal’s health, the protracted or permanent
33impairment of the functioning of an animal’s limb or organ, or
34the loss of an animal’s limb or organ (amended Code section
35717B.1).
-12- 1ORDINARY AND ENHANCED CRIMINAL PENALTIES. The bill
2increases criminal penalties for animal mistreatment offenses,
3other than interference with a police service dog (primary
4offenses), with the highest penalty raised to a class “C”
5felony. Under the bill, a person convicted of a primary
6offense and who has previously been convicted of committing
7a form of animal mistreatment, or other described non-Code
8chapter 717B offense (not subject to a simple misdemeanor),
9is subject to an enhanced penalty which equals a one-step
10increase from the penalty ordinarily applicable (e.g., from an
11aggravated misdemeanor to a class “D” felony).
12A simple misdemeanor is punishable by confinement for no
13more than 30 days or a fine of at least $65 but not more than
14$625 or by both. A serious misdemeanor is punishable by
15confinement for no more than one year and a fine of at least
16$315 but not more than $1,875. An aggravated misdemeanor is
17punishable by confinement for no more than two years and a fine
18of at least $625 but not more than $6,250. A class “D” felony
19is punishable by confinement for no more than five years and
20a fine of at least $750 but not more than $7,500. A class “C”
21felony is punishable by confinement for no more than 10 years
22and a fine of at least $1,000 but not more than $10,000.
23PRIMARY OFFENSES — ANIMAL ABUSE. Under current law,
24a person commits animal abuse by intentionally inflicting
25an injury upon an animal. The bill provides that a person
26commits the offense by intentionally, knowingly, or recklessly
27inflicting the injury. The bill amends an exception that
28currently applies to a person who is the owner or acting with
29the owner’s consent. Under the bill, this exception would only
30be available if the animal is in a state of permanent pain or
31suffering and is euthanized. The bill creates a new exception
32that applies to a commercial establishment. Animal abuse
33does not include an act by a commercial establishment that
34involves providing an animal with adequate food, water, housing
35facilities, sanitary control, grooming, and veterinary care, in
-13-1compliance with applicable state rules or federal regulations
2(Code section 162.10A). The bill reduces the penalty from an
3aggravated to a serious misdemeanor for committing an offense
4that causes an animal injury but does not cause an animal
5serious injury or death. It retains the penalty of aggravated
6misdemeanor if the animal suffers serious injury or death. In
7that case, the offense is subject to an enhanced penalty as a
8class “D” felony.
9PRIMARY OFFENSES — ANIMAL NEGLECT. Under current law, a
10person commits animal neglect by (1) impounding or confining an
11animal and (2) failing to supply the animal with an adequate
12supply of food or water, or failing to provide the animal
13with adequate shelter. The bill provides that the offense is
14committed by a person who (1) owns or has custody of an animal,
15(2) confines that animal, and (3) fails to provide the animal
16with conditions for the animal’s welfare. These conditions
17include access to nutritional food, potable water, adequate
18sanitary conditions, ventilated shelter from the weather,
19grooming, and veterinary care if required to relieve the animal
20from distress. The bill eliminates a provision that includes
21inflicting upon an animal unjustified pain, including torture.
22It retains the ordinary criminal penalty which is a simple
23misdemeanor but provides that the offense does not involve
24an injury or death. For an offense that causes an animal to
25suffer an injury, other than serious injury or death, the new
26penalty is a serious misdemeanor. For an offense that causes
27an animal to suffer a serious injury or death, the new penalty
28is an aggravated misdemeanor which may be enhanced to a class
29“D” felony.
30PRIMARY OFFENSES — ANIMAL TORTURE. Under current law, a
31person commits animal torture by (1) acting with a depraved
32or sadistic intent to (2) inflict severe and prolonged pain
33or suffering, or death upon an animal. The bill provides
34that a person commits the offense by (1) intentionally or
35knowingly (but not recklessly) inflicting severe and prolonged
-14-1or repeated physical pain upon an animal, and (2) causes the
2animal’s serious injury or death. The bill eliminates an
3exception that applies to a person carrying out practices
4consistent with animal husbandry purposes. The bill creates
5a new exception applying to a commercial establishment in the
6same manner as described for animal abuse. The bill increases
7the criminal penalty to a class “D” felony which may be
8enhanced to a class “C” felony.
9PRIMARY OFFENSES — ANIMAL ABANDONMENT. Under current law,
10a person who owns or has custody of a cat or dog is prohibited
11from abandoning that animal. Abandonment does not include
12delivery of a dog or cat to a person who will accept ownership
13and custody of the animal or delivery of the animal to an
14animal shelter or pound. The bill designates the offense as
15animal abandonment and prohibits a person from relinquishing
16rights and duties to care for the animal. The bill creates
17an exception that allows a person to return a cat to the
18same location as it was taken if the returned cat has been
19sterilized by a veterinarian. The bill retains the current
20penalty, a simple misdemeanor, provided the offense does not
21involve an injury or death to the animal. If the animal
22suffers an injury, other than serious injury or death, the
23new penalty is a serious misdemeanor. If the animal suffers
24serious injury or death, the new penalty is an aggravated
25misdemeanor which may be enhanced to a class “D” felony.
26ANIMAL MISTREATMENT — COURT-ORDERED EVALUATION AND
27TREATMENT. The bill eliminates a requirement that a court
28may order psychological evaluation and treatment for a
29person’s first conviction of animal torture and must enter
30such order for the person’s subsequent conviction. Instead,
31the bill provides that the court may order psychological or
32psychiatric evaluation and treatment for any conviction of an
33animal mistreatment offense and must enter the order if the
34sentenced person is a juvenile or the offense is animal abuse,
35animal neglect, or animal torture punishable as an aggravated
-15-1misdemeanor, class “D” felony, or class “C” felony (an offense
2in which a person inflicts a serious injury or death on an
3animal).
4COMMERCIAL ESTABLISHMENTS. A commercial establishment
5includes a person required to be issued some form of
6authorization by the DALS (Code section 162.2A), including
7an animal shelter, pound, or research facility (certificate
8of registration); a pet shop, boarding kennel, or commercial
9kennel (state license); or a dealer, commercial breeder,
10or public auction (either a state license or a permit). A
11permit is issued if the person is licensed under the federal
12Animal Welfare Act (7 U.S.C. ch.54) by USDA. A registrant or
13state licensee must meet the standard of care requirement by
14complying with DALS rules. A permittee must meet the standard
15of care by complying with USDA regulations (Code section
16162.10A).
-16-da/rh
2animals other than livestock and certain wild animals,
3providing for criminal offenses and court orders associated
4with animal mistreatment, and including penalties.
5BE 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.
19d. An animal shelter or pound as defined in section 162.2.
20 Sec. 2. NEW SECTION. 351.46 Tampering with an electronic
21handling device — penalties.
221. A person commits the offense of tampering with an
23electronic handling device if all of the following apply:
24a. The person knowingly removes, disables, or destroys
25an electric device designed and used to maintain custody or
26control of the dog or modify the dog’s behavior.
27b. The electronic device is attached to or worn by the
28dog or attached to an item worn by the dog, including but not
29limited to a collar, harness, or vest.
302. a. For a first conviction, the person is guilty of a
31simple misdemeanor.
32b. For a second or subsequent conviction, the person is
33guilty of a serious misdemeanor.
343. This section shall not apply to an act taken by any of
35the following:
-1- 1a. The owner of the dog, an agent of the owner, or a person
2authorized to take action by the owner.
3b. A peace officer as defined in section 801.4.
4c. A veterinarian licensed as provided in chapter 169.
5d. An animal shelter or pound as defined in section 162.2.
6 Sec. 3. Section 717B.1, subsection 1, Code 2019, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. 0b. Preserve whitetail as defined in section
9484C.1.
10 Sec. 4. Section 717B.1, Code 2019, is amended by adding the
11following new subsections:
12 NEW SUBSECTION. 2A. “Animal mistreatment” means an act
13described as animal abuse as provided in section 717B.2,
14animal neglect as provided in section 717B.3, animal torture
15as provided in section 717B.3A, abandonment of a cat or dog as
16provided in section 717B.8, or injury to or interference with a
17police service dog as provided in section 717B.9.
18 NEW SUBSECTION. 3A. “Commercial establishment” means a
19commercial establishment as defined in section 162.2 that is
20operating under a valid authorization issued or renewed under
21section 162.2A.
22 NEW SUBSECTION. 3B. a. “Convicted” means the entry of
23a judgment of conviction under chapter 901 or adjudicated
24delinquent for an act which is an indictable offense in this
25state or in another state under chapter 232.
26b. “Convicted” does not mean a plea, sentence, adjudication,
27deferred sentence, or deferred judgment which has been reversed
28or otherwise set aside.
29 NEW SUBSECTION. 3C. “Department” means the department of
30agriculture and land stewardship.
31 NEW SUBSECTION. 4A. “Euthanasia” means the same as defined
32in section 162.2.
33 NEW SUBSECTION. 4B. “Injury” means an animal’s
34disfigurement; the impairment of an animal’s health; or an
35impairment to the functioning of an animal’s limb or organ,
-2-1including physical damage or harm to an animal’s muscle,
2tissue, organs, bones, hide, or skin.
3 NEW SUBSECTION. 8A. “Serious injury” means an injury that
4constitutes an animal’s protracted or permanent disfigurement,
5the protracted or permanent impairment of an animal’s health,
6the protracted or permanent impairment of the functioning of
7an animal’s limb or organ, or the loss of an animal’s limb or
8organ.
9 NEW SUBSECTION. 10. “Veterinarian” means a veterinarian
10licensed pursuant to chapter 169 who practices veterinary
11medicine in this state.
12 Sec. 5. Section 717B.2, Code 2019, is amended to read as
13follows:
14717B.2 Animal mistreatment — animal abuse— penalties.
151. A person is guilty of animal abuse if the person
16intentionally injures, maims, disfigures, or destroys an animal
17owned by another person, in any manner, including intentionally
18poisoning the animal commits animal abuse when the person
19intentionally, knowingly, or recklessly acts to inflict injury,
20serious injury, or death on an animal by force, violence, or
21poisoning. A person guilty of animal abuse is guilty of an
22aggravated misdemeanor.
232. This section shall not apply to any of the following:
241. A person acting with the consent of the person owning
25the animal, unless the action constitutes animal neglect as
26provided in section 717B.3.
27a. An owner of the animal, or a person acting with the
28consent of the owner, who euthanizes an animal in a reasonable
29manner, if at the time of the euthanasia, the animal is in a
30state of permanent pain or suffering.
312. b. A person acting to carry out an order issued by a
32court.
333. c. A licensed veterinarian practicing veterinary
34medicine as provided in chapter 169.
354. d. A person acting in order to carry out another
-3-1provision of law which allows the conduct.
25. e. A person taking, hunting, trapping, or fishing for a
3wild animal as provided in chapter 481A.
46. f. A person acting to protect the person’s property from
5a wild animal as defined in section 481A.1.
67. g. A person acting to protect a person from injury or
7death caused by a wild animal as defined in section 481A.1.
88. h. A person reasonably acting to protect the person’s
9property from damage caused by an unconfined animal.
109. i. A person reasonably acting to protect a person from
11injury or death caused by an unconfined animal.
1210. j. A local authority reasonably acting to destroy an
13animal, if at the time of the destruction, the owner of the
14animal is absent or unable to care for the animal, and the
15animal is permanently distressed by disease or injury to a
16degree that would result in severe and prolonged suffering.
1711. k. A research facility, as defined in section 162.2,
18provided that if the research facility has been issued a valid
19authorization by the department pursuant to chapter 162, and
20 performs functions within the scope of accepted practices and
21disciplines associated with the research facility.
22l. An act required to be carried out by a commercial
23establishment to care for an animal in its possession or
24under its control as described in section 162.10A, subsection
251, provided that the commercial establishment complies
26with applicable standard of care requirements pursuant to
27subsections 1 and 2 of that section.
283. A person who commits animal abuse that causes injury,
29other than serious injury or death, to an animal is guilty of
30a serious misdemeanor.
314. A person who commits animal abuse that causes serious
32injury or death to an animal is guilty of an aggravated
33misdemeanor.
345. Notwithstanding subsection 4, a person who commits
35animal abuse that causes serious injury or death to an animal
-4-1is guilty of a class “D” felony if the person has previously
2been convicted of committing animal abuse pursuant to this
3section, animal neglect punishable as a serious misdemeanor
4or aggravated misdemeanor pursuant to section 717B.3, animal
5torture pursuant to section 717B.3A, injury to or interference
6with a police service dog pursuant to section 717B.9,
7bestiality pursuant to section 717C.1, or an act involving a
8contest event prohibited in section 717D.2.
9 Sec. 6. Section 717B.3, Code 2019, is amended to read as
10follows:
11717B.3 Animal mistreatment — animal neglect — penalties.
121. A person who impounds or commits animal neglect when
13the person owns or has custody of an animal, confines, in any
14place, an that animal, is guilty of animal neglect if the
15person does any of the following:
16a. Fails and fails to supply the animal during confinement
17with a sufficient quantity of food or water. provide the animal
18with any of the following conditions for the animal’s welfare:
19a. Access to food in an amount and quality reasonably
20sufficient to satisfy the animal’s basic nutrition level to the
21extent that the animal’s health or life is endangered.
22b. Fails to provide a confined dog or cat with adequate
23shelter Access to a supply of potable water in an amount
24reasonably sufficient to satisfy the animal’s basic hydration
25level to the extent that the animal’s health or life is
26endangered. Access to snow or ice does not satisfy this
27requirement.
28c. Tortures, deprives of necessary sustenance, mutilates,
29beats, or kills an animal by any means which causes unjustified
30pain, distress, or suffering Sanitary conditions free from
31excessive animal waste or the overcrowding of animals to the
32extent that the animal’s health or life is endangered.
33d. Ventilated shelter reasonably sufficient to provide
34adequate protection from the elements and weather conditions
35suitable for the age, species, and physical condition of the
-5-1animal so as to maintain the animal in a state of good health
2to the extent that the animal’s health or life is endangered.
3The shelter must protect the animal from wind, rain, snow, or
4sun and have adequate bedding to provide reasonable protection
5against cold and dampness. A shelter may include a residence,
6garage, barn, shed, or doghouse.
7e. Grooming, to the extent it is reasonably necessary to
8prevent adverse health effects or suffering.
9f. Veterinary care deemed necessary by a reasonably
10prudent person to relieve an animal’s distress from any of the
11following:
12(1) A condition caused by failing to provide for the
13animal’s welfare as described in this subsection.
14(2) An injury or illness suffered by the animal causing the
15animal to suffer prolonged pain and suffering.
162. This section does not apply to conduct engaged in by
17 a research facility, as defined in section 162.2, provided
18that if the research facility has been issued a valid
19authorization by the department pursuant to chapter 162, and
20 performs functions within the scope of accepted practices and
21disciplines associated with the research facility.
223. A person who negligently or intentionally commits
23the offense of animal neglect that does not cause injury,
24serious injury, or death to an animal is guilty of a simple
25misdemeanor. A person who intentionally commits the offense of
26animal neglect which results in serious injury to or the death
27of an animal is guilty of a serious misdemeanor.
284. A person who commits animal neglect that causes injury,
29other than serious injury or death, to an animal is guilty of
30a serious misdemeanor.
315. A person who commits animal neglect that causes serious
32injury or death to an animal is guilty of an aggravated
33misdemeanor.
346. Notwithstanding subsection 5, a person who commits
35animal neglect that causes serious injury or death to an
-6-1animal is guilty of a class “D” felony if the person has been
2previously convicted of animal abuse pursuant to section
3717B.2, animal neglect punishable as a serious misdemeanor or
4aggravated misdemeanor pursuant to this section, animal torture
5pursuant to section 717B.3A, injury to or interference with
6a police service dog pursuant to section 717B.9, bestiality
7pursuant to section 717C.1, or an act involving a contest event
8prohibited in section 717D.2.
9 Sec. 7. Section 717B.3A, Code 2019, is amended to read as
10follows:
11717B.3A Animal mistreatment — animal torture — penalties.
121. A person is guilty of animal torture, regardless of
13whether the person is the owner of the animal, if the person
14intentionally or knowingly inflicts upon the on an animal
15severe and prolonged or repeated physical pain with a depraved
16or sadistic intent to cause prolonged suffering that causes the
17animal’s serious injury or death.
182. This section shall not apply to any of the following:
19a. A person acting to carry out an order issued by a court.
20b. A licensed veterinarian practicing veterinary medicine as
21provided in chapter 169.
22c. A person carrying out a practice that is consistent with
23animal husbandry practices.
24d. c. A person acting in order to carry out another
25provision of law which allows the conduct.
26e. d. A person taking, hunting, trapping, or fishing for a
27wild animal as provided in chapter 481A.
28f. e. A person acting to protect the person’s property from
29a wild animal as defined in section 481A.1.
30g. f. A person acting to protect a person from injury
31 bodily harm or death caused by a wild animal as defined in
32section 481A.1.
33h. g. A person reasonably acting reasonably to protect the
34person’s property from damage caused by an unconfined animal.
35i. h. A person reasonably acting reasonably to protect a
-7-1person from injury bodily harm or death caused by an unconfined
2animal.
3j. i. A local authority reasonably acting reasonably to
4destroy euthanize an animal, if at the time of the destruction
5 euthanasia, the owner of the animal is absent or unable to care
6for the animal, and the animal is permanently distressed by
7disease or injury to a degree that would result in severe and
8prolonged suffering.
9k. j. A research facility, as defined in section 162.2,
10provided that if the research facility has been issued a valid
11authorization by the department pursuant to chapter 162, and
12 the research facility performs functions within the scope of
13accepted practices and disciplines associated with the research
14facility.
15k. An act required to be carried out by a commercial
16establishment to care for an animal in its possession or
17under its control as described in section 162.10A, subsection
181, provided that the commercial establishment complies
19with applicable standard of care requirements pursuant to
20subsections 1 and 2 of that section.
213. a. The following shall apply to a person who commits
22animal torture:
23(1) For the first conviction, the person is guilty of an
24aggravated misdemeanor. The sentencing order shall provide
25that the person submit to psychological evaluation and
26treatment according to terms required by the court. The costs
27of the evaluation and treatment shall be paid by the person.
28In addition, the sentencing order shall provide that the person
29complete a community work requirement, which may include a work
30requirement performed at an animal shelter or pound, as defined
31in section 162.2, according to terms required by the court.
32(2) For a second or subsequent conviction, the person is
33guilty of a class “D” felony. The sentencing order shall
34provide that the person submit to psychological evaluation and
35treatment according to terms required by the court. The costs
-8-1of the psychological evaluation and treatment shall be paid by
2the person.
3b. The juvenile court shall have exclusive original
4jurisdiction in a proceeding concerning a child who is alleged
5to have committed animal torture, in the manner provided in
6section 232.8. The juvenile court shall not waive jurisdiction
7in a proceeding concerning such an offense alleged to have been
8committed by a child under the age of seventeen.
94. A person who commits animal torture is guilty of a class
10“D” felony.
115. Notwithstanding subsection 4, a person who commits
12animal torture is guilty of a class “C” felony if the person
13has previously been convicted of committing animal abuse
14pursuant to section 717B.2, animal neglect punishable as a
15serious misdemeanor or aggravated misdemeanor pursuant to
16section 717B.3, animal torture pursuant to this section, injury
17to or interference with a police service dog pursuant to
18section 717B.9, bestiality pursuant to section 717C.1, or an
19act involving a contest event prohibited in section 717D.2.
20 Sec. 8. NEW SECTION. 717B.3B Animal mistreatment — court
21order — evaluation and treatment.
221. At the time of a person’s conviction for committing a
23public offense constituting animal mistreatment, a court may
24enter an order requiring the person to undergo a psychological
25or psychiatric evaluation and to undergo any treatment that the
26court determines to be appropriate after due consideration of
27the evaluation.
282. Notwithstanding subsection 1, the court shall enter an
29order described in that subsection, if the convicted person is
30any of the following:
31a. A juvenile.
32b. An adult convicted of animal abuse punishable as an
33aggravated misdemeanor or class “D” felony pursuant to section
34717B.2, animal neglect punishable as an aggravated misdemeanor
35or class “D” felony pursuant to section 717B.3, or animal
-9-1torture pursuant to section 717B.3A.
23. The costs of undergoing a psychological or psychiatric
3evaluation and undergoing any treatment ordered by the court
4shall be borne by the convicted person, unless the person is
5a juvenile.
64. An order made under this section is in addition to any
7other order or sentence of the court.
85. Any violation of the court order shall be punished as
9contempt of court pursuant to chapter 665.
10 Sec. 9. Section 717B.8, Code 2019, is amended to read as
11follows:
12717B.8 Abandonment of cats and dogs — penalties.
131. A person who has ownership commits animal abandonment if
14the person owns or has custody of a cat or dog shall not abandon
15the cat or dog, except the person may deliver and relinquishes
16all rights in and duties to care for the cat or dog.
172. This section does not apply to any of the following:
18a. The delivery of acat or dog to another person who will
19accept ownership and custody or the person may deliver of the
20cat or dog.
21b. The delivery of acat or dog to an animal shelter or
22pound as defined in section 162.2 that has been issued a valid
23authorization by the department under chapter 162.
24c. A person who relinquishes custody of a cat at a location
25in which the person does not hold a legal or equitable
26interest, if previously the person had taken custody of the cat
27at the same location and provided for the cat’s sterilization
28by a veterinarian.
293. a. A person who violates this section commits animal
30abandonment that does not cause injury or death to an animal is
31guilty of a simple misdemeanor.
32b. A person who commits animal abandonment that causes
33injury other than serious injury or death to an animal is
34guilty of a serious misdemeanor.
35c. A person who commits animal abandonment that causes
-10-1serious injury or death to an animal is guilty of an aggravated
2misdemeanor.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6TAMPERING WITH ITEMS WORN BY A DOG. This bill prohibits a
7person from knowingly tampering with certain articles attached
8to an item such as a collar worn by a dog or otherwise attached
9to the dog. First, the bill prohibits a person from removing,
10damaging, or destroying a rabies vaccination tag attached to a
11collar worn by a dog (new Code section 351.45). Generally, a
12dog must receive a rabies vaccination (Code sections 351.33 and
13351.36) and must wear a collar with a valid rabies vaccination
14tag (Code section 351.25) or else be subject to being killed or
15seized by law enforcement (Code section 351.26). The bill’s
16second offense prohibits a person from removing, disabling, or
17destroying an electronic handling device while attached to the
18dog or attached to an item worn by the dog such as a collar,
19harness, or vest (new Code section 351.46). An electronic
20handling device is designed and used to maintain custody or
21control of the dog or modify the dog’s behavior. Neither
22offense applies to the dog’s owner or to an agent of or a
23person authorized to take action by the owner, a peace officer,
24a licensed veterinarian, or an animal shelter. For a first
25conviction of either offense, a person is guilty of a simple
26misdemeanor and for a second or subsequent conviction, a person
27is guilty of a serious misdemeanor.
28ANIMAL MISTREATMENT — GENERAL. The bill amends Code
29chapter 717B prohibiting the mistreatment of certain animals,
30including dogs and cats, but excluding other animals from
31its provisions such as livestock (Code chapter 717); game,
32fur-bearing animals, fish, reptiles, or amphibians (Code
33chapter 481A), unless such animal is owned, confined, or
34controlled by a person; or a nongame animal declared to be
35a nuisance by the natural resource commission (Code sections
-11-1481A.42 and 717B.1). The bill also refers to commercial
2establishments which are regulated by the department of
3agriculture and land stewardship (DALS) and the United States
4department of agriculture (USDA) (Code chapter 162).
5CODE CHAPTER 717B OFFENSES (ANIMAL MISTREATMENT) — NON-CODE
6CHAPTER 717B OFFENSES. The bill amends four criminal offenses
7which are part of Code chapter 717B. These include animal
8abuse (Code section 717B.2), animal neglect (Code section
9717B.3), animal torture (Code section 717B.3A), and animal
10abandonment (Code section 717B.8). The bill also refers to a
11fourth offense, injury or interference with a police service
12dog (Code section 717B.9). All of these offenses, which the
13bill classifies as “animal mistreatment”, are currently subject
14to a series of penalties ranging from a simple misdemeanor
15(animal neglect not resulting in a serious injury or death)
16to a class “D” felony (animal torture). The bill refers to
17two other types of offenses not part of Code chapter 717B and
18which each define “animal” broadly to include any nonhuman
19vertebrate. These include the offense of bestiality (Code
20section 717C.1) and a number of closely related offenses that
21involve animals participating in certain contest events such as
22fighting that may result in an animal’s injury or death (Code
23section 717D.2).
24DISTINCTION BETWEEN INJURY AND SERIOUS INJURY. The bill
25retains and expands a distinction between an infliction of
26an injury and serious injury or death currently applicable
27to animal neglect. The bill defines an injury to include an
28animal’s disfigurement, the impairment of an animal’s health,
29or an impairment to the functioning of an animal’s limb or
30organ. It defines a serious injury as an animal’s protracted
31or permanent disfigurement, the protracted or permanent
32impairment of an animal’s health, the protracted or permanent
33impairment of the functioning of an animal’s limb or organ, or
34the loss of an animal’s limb or organ (amended Code section
35717B.1).
-12- 1ORDINARY AND ENHANCED CRIMINAL PENALTIES. The bill
2increases criminal penalties for animal mistreatment offenses,
3other than interference with a police service dog (primary
4offenses), with the highest penalty raised to a class “C”
5felony. Under the bill, a person convicted of a primary
6offense and who has previously been convicted of committing
7a form of animal mistreatment, or other described non-Code
8chapter 717B offense (not subject to a simple misdemeanor),
9is subject to an enhanced penalty which equals a one-step
10increase from the penalty ordinarily applicable (e.g., from an
11aggravated misdemeanor to a class “D” felony).
12A simple misdemeanor is punishable by confinement for no
13more than 30 days or a fine of at least $65 but not more than
14$625 or by both. A serious misdemeanor is punishable by
15confinement for no more than one year and a fine of at least
16$315 but not more than $1,875. An aggravated misdemeanor is
17punishable by confinement for no more than two years and a fine
18of at least $625 but not more than $6,250. A class “D” felony
19is punishable by confinement for no more than five years and
20a fine of at least $750 but not more than $7,500. A class “C”
21felony is punishable by confinement for no more than 10 years
22and a fine of at least $1,000 but not more than $10,000.
23PRIMARY OFFENSES — ANIMAL ABUSE. Under current law,
24a person commits animal abuse by intentionally inflicting
25an injury upon an animal. The bill provides that a person
26commits the offense by intentionally, knowingly, or recklessly
27inflicting the injury. The bill amends an exception that
28currently applies to a person who is the owner or acting with
29the owner’s consent. Under the bill, this exception would only
30be available if the animal is in a state of permanent pain or
31suffering and is euthanized. The bill creates a new exception
32that applies to a commercial establishment. Animal abuse
33does not include an act by a commercial establishment that
34involves providing an animal with adequate food, water, housing
35facilities, sanitary control, grooming, and veterinary care, in
-13-1compliance with applicable state rules or federal regulations
2(Code section 162.10A). The bill reduces the penalty from an
3aggravated to a serious misdemeanor for committing an offense
4that causes an animal injury but does not cause an animal
5serious injury or death. It retains the penalty of aggravated
6misdemeanor if the animal suffers serious injury or death. In
7that case, the offense is subject to an enhanced penalty as a
8class “D” felony.
9PRIMARY OFFENSES — ANIMAL NEGLECT. Under current law, a
10person commits animal neglect by (1) impounding or confining an
11animal and (2) failing to supply the animal with an adequate
12supply of food or water, or failing to provide the animal
13with adequate shelter. The bill provides that the offense is
14committed by a person who (1) owns or has custody of an animal,
15(2) confines that animal, and (3) fails to provide the animal
16with conditions for the animal’s welfare. These conditions
17include access to nutritional food, potable water, adequate
18sanitary conditions, ventilated shelter from the weather,
19grooming, and veterinary care if required to relieve the animal
20from distress. The bill eliminates a provision that includes
21inflicting upon an animal unjustified pain, including torture.
22It retains the ordinary criminal penalty which is a simple
23misdemeanor but provides that the offense does not involve
24an injury or death. For an offense that causes an animal to
25suffer an injury, other than serious injury or death, the new
26penalty is a serious misdemeanor. For an offense that causes
27an animal to suffer a serious injury or death, the new penalty
28is an aggravated misdemeanor which may be enhanced to a class
29“D” felony.
30PRIMARY OFFENSES — ANIMAL TORTURE. Under current law, a
31person commits animal torture by (1) acting with a depraved
32or sadistic intent to (2) inflict severe and prolonged pain
33or suffering, or death upon an animal. The bill provides
34that a person commits the offense by (1) intentionally or
35knowingly (but not recklessly) inflicting severe and prolonged
-14-1or repeated physical pain upon an animal, and (2) causes the
2animal’s serious injury or death. The bill eliminates an
3exception that applies to a person carrying out practices
4consistent with animal husbandry purposes. The bill creates
5a new exception applying to a commercial establishment in the
6same manner as described for animal abuse. The bill increases
7the criminal penalty to a class “D” felony which may be
8enhanced to a class “C” felony.
9PRIMARY OFFENSES — ANIMAL ABANDONMENT. Under current law,
10a person who owns or has custody of a cat or dog is prohibited
11from abandoning that animal. Abandonment does not include
12delivery of a dog or cat to a person who will accept ownership
13and custody of the animal or delivery of the animal to an
14animal shelter or pound. The bill designates the offense as
15animal abandonment and prohibits a person from relinquishing
16rights and duties to care for the animal. The bill creates
17an exception that allows a person to return a cat to the
18same location as it was taken if the returned cat has been
19sterilized by a veterinarian. The bill retains the current
20penalty, a simple misdemeanor, provided the offense does not
21involve an injury or death to the animal. If the animal
22suffers an injury, other than serious injury or death, the
23new penalty is a serious misdemeanor. If the animal suffers
24serious injury or death, the new penalty is an aggravated
25misdemeanor which may be enhanced to a class “D” felony.
26ANIMAL MISTREATMENT — COURT-ORDERED EVALUATION AND
27TREATMENT. The bill eliminates a requirement that a court
28may order psychological evaluation and treatment for a
29person’s first conviction of animal torture and must enter
30such order for the person’s subsequent conviction. Instead,
31the bill provides that the court may order psychological or
32psychiatric evaluation and treatment for any conviction of an
33animal mistreatment offense and must enter the order if the
34sentenced person is a juvenile or the offense is animal abuse,
35animal neglect, or animal torture punishable as an aggravated
-15-1misdemeanor, class “D” felony, or class “C” felony (an offense
2in which a person inflicts a serious injury or death on an
3animal).
4COMMERCIAL ESTABLISHMENTS. A commercial establishment
5includes a person required to be issued some form of
6authorization by the DALS (Code section 162.2A), including
7an animal shelter, pound, or research facility (certificate
8of registration); a pet shop, boarding kennel, or commercial
9kennel (state license); or a dealer, commercial breeder,
10or public auction (either a state license or a permit). A
11permit is issued if the person is licensed under the federal
12Animal Welfare Act (7 U.S.C. ch.54) by USDA. A registrant or
13state licensee must meet the standard of care requirement by
14complying with DALS rules. A permittee must meet the standard
15of care by complying with USDA regulations (Code section
16162.10A).
-16-da/rh