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House File 737 - EnrolledAn Actrelating to the regulation of persons involved with
animals other than livestock and certain wild animals,
providing for criminal offenses and court orders associated
with animal mistreatment, and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 351.45 Tampering with a rabies
vaccination tag — penalties.
1. A person commits the offense of tampering with a rabies
vaccination tag if all of the following apply:
a. The person knowingly removes, damages, or destroys a
rabies vaccination tag as described in section 351.35.
b. The rabies vaccination tag is attached to a collar worn
by a dog, including as provided in sections 351.25 and 351.26.
2. a. For a first conviction, the person is guilty of a
simple misdemeanor.
b. For a second or subsequent conviction, the person is
guilty of a serious misdemeanor.
3. This section shall not apply to an act taken by any of
the following:
a. The owner of the dog, an agent of the owner, or a person
authorized to take action by the owner.
b. A peace officer as defined in section 801.4.
c. A veterinarian licensed as provided in chapter 169.
d. An animal shelter or pound as defined in section 162.2.
Sec. 2. NEW SECTION. 351.46 Tampering with an electronic
handling device — penalties.
1. A person commits the offense of tampering with an
electronic handling device if all of the following apply:
a. The person knowingly removes, disables, or destroys
an electric device designed and used to maintain custody or
control of the dog or modify the dog’s behavior.
b. The electronic device is attached to or worn by the
dog or attached to an item worn by the dog, including but not
limited to a collar, harness, or vest.
2. a. For a first conviction, the person is guilty of a
simple misdemeanor.
b. For a second or subsequent conviction, the person is
guilty of a serious misdemeanor.
3. This section shall not apply to an act taken by any of
the following:
-1- a. The owner of the dog, an agent of the owner, or a person
authorized to take action by the owner.
b. A peace officer as defined in section 801.4.
c. A veterinarian licensed as provided in chapter 169.
d. An animal shelter or pound as defined in section 162.2.
Sec. 3. Section 717B.1, subsection 1, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0b. Preserve whitetail as defined in section
484C.1.
Sec. 4. Section 717B.1, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION. 2A. “Animal mistreatment” means an act
described as animal abuse as provided in section 717B.2,
animal neglect as provided in section 717B.3, animal torture
as provided in section 717B.3A, abandonment of a cat or dog as
provided in section 717B.8, or injury to or interference with a
police service dog as provided in section 717B.9.
NEW SUBSECTION. 3A. “Commercial establishment” means a
commercial establishment as defined in section 162.2 that is
operating under a valid authorization issued or renewed under
section 162.2A.
NEW SUBSECTION. 3B. a. “Convicted” means the entry of
a judgment of conviction under chapter 901 or adjudicated
delinquent for an act which is an indictable offense in this
state or in another state under chapter 232.
b. “Convicted” does not mean a plea, sentence, adjudication,
deferred sentence, or deferred judgment which has been reversed
or otherwise set aside.
NEW SUBSECTION. 3C. “Department” means the department of
agriculture and land stewardship.
NEW SUBSECTION. 4A. “Euthanasia” means the same as defined
in section 162.2.
NEW SUBSECTION. 4B. “Injury” means an animal’s
disfigurement; the impairment of an animal’s health; or an
impairment to the functioning of an animal’s limb or organ,
-2-including physical damage or harm to an animal’s muscle,
tissue, organs, bones, hide, or skin.
NEW SUBSECTION. 8A. “Serious injury” means an injury that
constitutes an animal’s protracted or permanent disfigurement,
the protracted or permanent impairment of an animal’s health,
the protracted or permanent impairment of the functioning of
an animal’s limb or organ, or the loss of an animal’s limb or
organ.
NEW SUBSECTION. 10. “Veterinarian” means a veterinarian
licensed pursuant to chapter 169 who practices veterinary
medicine in this state.
Sec. 5. Section 717B.2, Code 2020, is amended to read as
follows:
717B.2 Animal mistreatment — animal abuse— penalties.
1. A person is guilty of animal abuse if the person
intentionally injures, maims, disfigures, or destroys an animal
owned by another person, in any manner, including intentionally
poisoning the animal commits animal abuse when the person
intentionally, knowingly, or recklessly acts to inflict injury,
serious injury, or death on an animal by force, violence, or
poisoning. A person guilty of animal abuse is guilty of an
aggravated misdemeanor.
2. This section shall not apply to any of the following:
1. A person acting with the consent of the person owning
the animal, unless the action constitutes animal neglect as
provided in section 717B.3.
a. An owner of the animal, or a person acting with the
consent of the owner, who euthanizes an animal in a reasonable
manner, if at the time of the euthanasia, the animal is in a
state of permanent pain or suffering.
2. b. A person acting to carry out an order issued by a
court.
3. c. A licensed veterinarian practicing veterinary
medicine as provided in chapter 169.
4. d. A person acting in order to carry out another
-3-provision of law which allows the conduct.
5. e. A person taking, hunting, trapping, or fishing for a
wild animal as provided in chapter 481A.
6. f. A person acting to protect the person’s property from
a wild animal as defined in section 481A.1.
7. g. A person acting to protect a person from injury or
death caused by a wild animal as defined in section 481A.1.
8. h. A person reasonably acting to protect the person’s
property from damage caused by an unconfined animal.
9. i. A person reasonably acting to protect a person from
injury or death caused by an unconfined animal.
10. j. A local authority reasonably acting to destroy an
animal, if at the time of the destruction, the owner of the
animal is absent or unable to care for the animal, and the
animal is permanently distressed by disease or injury to a
degree that would result in severe and prolonged suffering.
11. k. A research facility, as defined in section 162.2,
provided that if the research facility has been issued or
renewed a valid authorization by the department pursuant
to chapter 162, and performs functions within the scope of
accepted practices and disciplines associated with the research
facility.
l. An act required to be carried out by a commercial
establishment to care for an animal in its possession or
under its control as described in section 162.10A, subsection
1, provided that the commercial establishment complies
with applicable standard of care requirements pursuant to
subsections 1 and 2 of that section.
3. A person who commits animal abuse that causes injury,
other than serious injury or death, to an animal is guilty of
a serious misdemeanor.
4. A person who commits animal abuse that causes serious
injury or death to an animal is guilty of an aggravated
misdemeanor.
5. Notwithstanding subsection 4, a person who commits
-4-animal abuse that causes serious injury or death to an animal
is guilty of a class “D” felony if the person has previously
been convicted of committing animal abuse pursuant to this
section, animal neglect punishable as a serious misdemeanor
or aggravated misdemeanor pursuant to section 717B.3, animal
torture pursuant to section 717B.3A, injury to or interference
with a police service dog pursuant to section 717B.9,
bestiality pursuant to section 717C.1, or an act involving a
contest event prohibited in section 717D.2.
Sec. 6. Section 717B.3, Code 2020, is amended to read as
follows:
717B.3 Animal mistreatment — animal neglect — penalties.
1. A person who impounds or commits animal neglect when
the person owns or has custody of an animal, confines, in any
place, an that animal, is guilty of animal neglect if the
person does any of the following:
a. Fails and fails to supply the animal during confinement
with a sufficient quantity of food or water. provide the animal
with any of the following conditions for the animal’s welfare:
a. Access to food in an amount and quality reasonably
sufficient to satisfy the animal’s basic nutrition level to the
extent that the animal’s health or life is endangered.
b. Fails to provide a confined dog or cat with adequate
shelter Access to a supply of potable water in an amount
reasonably sufficient to satisfy the animal’s basic hydration
level to the extent that the animal’s health or life is
endangered. Access to snow or ice does not satisfy this
requirement.
c. Tortures, deprives of necessary sustenance, mutilates,
beats, or kills an animal by any means which causes unjustified
pain, distress, or suffering Sanitary conditions free from
excessive animal waste or the overcrowding of animals to the
extent that the animal’s health or life is endangered.
d. Ventilated shelter reasonably sufficient to provide
adequate protection from the elements and weather conditions
-5-suitable for the age, species, and physical condition of the
animal so as to maintain the animal in a state of good health
to the extent that the animal’s health or life is endangered.
The shelter must protect the animal from wind, rain, snow, or
sun and have adequate bedding to provide reasonable protection
against cold and dampness. A shelter may include a residence,
garage, barn, shed, or doghouse.
e. Grooming, to the extent it is reasonably necessary to
prevent adverse health effects or suffering.
f. Veterinary care deemed necessary by a reasonably
prudent person to relieve an animal’s distress from any of the
following:
(1) A condition caused by failing to provide for the
animal’s welfare as described in this subsection.
(2) An injury or illness suffered by the animal causing the
animal to suffer prolonged pain and suffering.
2. This section does not apply to a any of the following:
a. A person issued or renewed an authorization to operate
a commercial establishment, or a person acting under the
direction or supervision of that person, if all of the
following apply:
(1) The animal, as described in subsection 1, was maintained
as part of the commercial establishment’s operation.
(2) In providing conditions for the welfare of the animal,
as described in subsection 1, the person complied with the
standard of care requirements provided in section 162.10A,
subsection 1, including any applicable rules adopted by the
department applying to any of the following:
(a) A state licensee or registrant operating pursuant to
section 162.10A, subsection 2, paragraph “a” or “b”.
(b) A permittee operating pursuant to section 162.10A,
subsection 2, paragraph “c”.
b. Aresearch facility, as defined in section 162.2,
provided that if the research facility has been issued or
renewed a valid authorization by the department pursuant
-6-to chapter 162, and performs functions within the scope of
accepted practices and disciplines associated with the research
facility.
3. A person who negligently or intentionally commits
the offense of animal neglect that does not cause injury,
serious injury, or death to an animal is guilty of a simple
misdemeanor. A person who intentionally commits the offense of
animal neglect which results in serious injury to or the death
of an animal is guilty of a serious misdemeanor.
4. A person who commits animal neglect that causes injury,
other than serious injury or death, to an animal is guilty of
a serious misdemeanor.
5. A person who commits animal neglect that causes serious
injury or death to an animal is guilty of an aggravated
misdemeanor.
6. Notwithstanding subsection 5, a person who commits
animal neglect that causes serious injury or death to an
animal is guilty of a class “D” felony if the person has been
previously convicted of animal abuse pursuant to section
717B.2, animal neglect punishable as a serious misdemeanor or
aggravated misdemeanor pursuant to this section, animal torture
pursuant to section 717B.3A, injury to or interference with
a police service dog pursuant to section 717B.9, bestiality
pursuant to section 717C.1, or an act involving a contest event
prohibited in section 717D.2.
Sec. 7. Section 717B.3A, Code 2020, is amended to read as
follows:
717B.3A Animal mistreatment — animal torture — penalties.
1. A person is guilty of animal torture, regardless of
whether the person is the owner of the animal, if the person
intentionally or knowingly inflicts upon the on an animal
severe and prolonged or repeated physical pain with a depraved
or sadistic intent to cause prolonged suffering that causes the
animal’s serious injury or death.
2. This section shall not apply to any of the following:
-7- a. A person acting to carry out an order issued by a court.
b. A licensed veterinarian practicing veterinary medicine as
provided in chapter 169.
c. A person carrying out a practice that is consistent with
animal husbandry practices.
d. c. A person acting in order to carry out another
provision of law which allows the conduct.
e. d. A person taking, hunting, trapping, or fishing for a
wild animal as provided in chapter 481A.
f. e. A person acting to protect the person’s property from
a wild animal as defined in section 481A.1.
g. f. A person acting to protect a person from injury
bodily harm or death caused by a wild animal as defined in
section 481A.1.
h. g. A person reasonably acting reasonably to protect the
person’s property from damage caused by an unconfined animal.
i. h. A person reasonably acting reasonably to protect a
person from injury bodily harm or death caused by an unconfined
animal.
j. i. A local authority reasonably acting reasonably to
destroy euthanize an animal, if at the time of the destruction
euthanasia, the owner of the animal is absent or unable to care
for the animal, and the animal is permanently distressed by
disease or injury to a degree that would result in severe and
prolonged suffering.
k. j. A research facility, as defined in section 162.2,
provided that if the research facility has been issued or
renewed a valid authorization by the department pursuant to
chapter 162, and the research facility performs functions
within the scope of accepted practices and disciplines
associated with the research facility.
k. An act required to be carried out by a commercial
establishment to care for an animal in its possession or
under its control as described in section 162.10A, subsection
1, provided that the commercial establishment complies
-8-with applicable standard of care requirements pursuant to
subsections 1 and 2 of that section.
3. a. The following shall apply to a person who commits
animal torture:
(1) For the first conviction, the person is guilty of an
aggravated misdemeanor. The sentencing order shall provide
that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs
of the evaluation and treatment shall be paid by the person.
In addition, the sentencing order shall provide that the person
complete a community work requirement, which may include a work
requirement performed at an animal shelter or pound, as defined
in section 162.2, according to terms required by the court.
(2) For a second or subsequent conviction, the person is
guilty of a class “D” felony. The sentencing order shall
provide that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs
of the psychological evaluation and treatment shall be paid by
the person.
b. The juvenile court shall have exclusive original
jurisdiction in a proceeding concerning a child who is alleged
to have committed animal torture, in the manner provided in
section 232.8. The juvenile court shall not waive jurisdiction
in a proceeding concerning such an offense alleged to have been
committed by a child under the age of seventeen.
4. A person who commits animal torture is guilty of an
aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits
animal torture is guilty of a class “D” felony if the person
has previously been convicted of committing animal abuse
pursuant to section 717B.2, animal neglect punishable as a
serious misdemeanor or aggravated misdemeanor pursuant to
section 717B.3, animal torture pursuant to this section, injury
to or interference with a police service dog pursuant to
section 717B.9, bestiality pursuant to section 717C.1, or an
-9-act involving a contest event prohibited in section 717D.2.
Sec. 8. NEW SECTION. 717B.3B Animal mistreatment — court
order — evaluation and treatment.
1. At the time of a person’s conviction for committing a
public offense constituting animal mistreatment, a court may
enter an order requiring the person to undergo a psychological
or psychiatric evaluation and to undergo any treatment that the
court determines to be appropriate after due consideration of
the evaluation.
2. Notwithstanding subsection 1, the court shall enter an
order described in that subsection, if the convicted person is
any of the following:
a. A juvenile.
b. An adult convicted of animal abuse punishable as an
aggravated misdemeanor or class “D” felony pursuant to section
717B.2, animal neglect punishable as an aggravated misdemeanor
or class “D” felony pursuant to section 717B.3, or animal
torture pursuant to section 717B.3A.
3. The costs of undergoing a psychological or psychiatric
evaluation and undergoing any treatment ordered by the court
shall be borne by the convicted person, unless the person is
a juvenile.
4. An order made under this section is in addition to any
other order or sentence of the court.
5. Any violation of the court order shall be punished as
contempt of court pursuant to chapter 665.
Sec. 9. Section 717B.8, Code 2020, is amended to read as
follows:
717B.8 Abandonment of cats and dogs — penalties.
1. A person who has ownership commits animal abandonment if
the person owns or has custody of a cat or dog shall not abandon
the cat or dog, except the person may deliver and relinquishes
all rights in and duties to care for the cat or dog.
2. This section does not apply to any of the following:
a. The delivery of acat or dog to another person who will
-10-accept ownership and custody or the person may deliver of the
cat or dog.
b. The delivery of acat or dog to an animal shelter or
pound as defined in section 162.2 that has been issued or
renewed a valid authorization by the department under chapter
162.
c. A person who relinquishes custody of a cat at a location
in which the person does not hold a legal or equitable
interest, if previously the person had taken custody of the cat
at the same location and provided for the cat’s sterilization
by a veterinarian.
3. a. A person who violates this section commits animal
abandonment that does not cause injury or death to an animal is
guilty of a simple misdemeanor.
b. A person who commits animal abandonment that causes
injury other than serious injury or death to an animal is
guilty of a serious misdemeanor.
c. A person who commits animal abandonment that causes
serious injury or death to an animal is guilty of an aggravated
misdemeanor.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 737, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernorda/rh/md
animals other than livestock and certain wild animals,
providing for criminal offenses and court orders associated
with animal mistreatment, and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 351.45 Tampering with a rabies
vaccination tag — penalties.
1. A person commits the offense of tampering with a rabies
vaccination tag if all of the following apply:
a. The person knowingly removes, damages, or destroys a
rabies vaccination tag as described in section 351.35.
b. The rabies vaccination tag is attached to a collar worn
by a dog, including as provided in sections 351.25 and 351.26.
2. a. For a first conviction, the person is guilty of a
simple misdemeanor.
b. For a second or subsequent conviction, the person is
guilty of a serious misdemeanor.
3. This section shall not apply to an act taken by any of
the following:
a. The owner of the dog, an agent of the owner, or a person
authorized to take action by the owner.
b. A peace officer as defined in section 801.4.
c. A veterinarian licensed as provided in chapter 169.
d. An animal shelter or pound as defined in section 162.2.
Sec. 2. NEW SECTION. 351.46 Tampering with an electronic
handling device — penalties.
1. A person commits the offense of tampering with an
electronic handling device if all of the following apply:
a. The person knowingly removes, disables, or destroys
an electric device designed and used to maintain custody or
control of the dog or modify the dog’s behavior.
b. The electronic device is attached to or worn by the
dog or attached to an item worn by the dog, including but not
limited to a collar, harness, or vest.
2. a. For a first conviction, the person is guilty of a
simple misdemeanor.
b. For a second or subsequent conviction, the person is
guilty of a serious misdemeanor.
3. This section shall not apply to an act taken by any of
the following:
-1- a. The owner of the dog, an agent of the owner, or a person
authorized to take action by the owner.
b. A peace officer as defined in section 801.4.
c. A veterinarian licensed as provided in chapter 169.
d. An animal shelter or pound as defined in section 162.2.
Sec. 3. Section 717B.1, subsection 1, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0b. Preserve whitetail as defined in section
484C.1.
Sec. 4. Section 717B.1, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION. 2A. “Animal mistreatment” means an act
described as animal abuse as provided in section 717B.2,
animal neglect as provided in section 717B.3, animal torture
as provided in section 717B.3A, abandonment of a cat or dog as
provided in section 717B.8, or injury to or interference with a
police service dog as provided in section 717B.9.
NEW SUBSECTION. 3A. “Commercial establishment” means a
commercial establishment as defined in section 162.2 that is
operating under a valid authorization issued or renewed under
section 162.2A.
NEW SUBSECTION. 3B. a. “Convicted” means the entry of
a judgment of conviction under chapter 901 or adjudicated
delinquent for an act which is an indictable offense in this
state or in another state under chapter 232.
b. “Convicted” does not mean a plea, sentence, adjudication,
deferred sentence, or deferred judgment which has been reversed
or otherwise set aside.
NEW SUBSECTION. 3C. “Department” means the department of
agriculture and land stewardship.
NEW SUBSECTION. 4A. “Euthanasia” means the same as defined
in section 162.2.
NEW SUBSECTION. 4B. “Injury” means an animal’s
disfigurement; the impairment of an animal’s health; or an
impairment to the functioning of an animal’s limb or organ,
-2-including physical damage or harm to an animal’s muscle,
tissue, organs, bones, hide, or skin.
NEW SUBSECTION. 8A. “Serious injury” means an injury that
constitutes an animal’s protracted or permanent disfigurement,
the protracted or permanent impairment of an animal’s health,
the protracted or permanent impairment of the functioning of
an animal’s limb or organ, or the loss of an animal’s limb or
organ.
NEW SUBSECTION. 10. “Veterinarian” means a veterinarian
licensed pursuant to chapter 169 who practices veterinary
medicine in this state.
Sec. 5. Section 717B.2, Code 2020, is amended to read as
follows:
717B.2 Animal mistreatment — animal abuse— penalties.
1. A person is guilty of animal abuse if the person
intentionally injures, maims, disfigures, or destroys an animal
owned by another person, in any manner, including intentionally
poisoning the animal commits animal abuse when the person
intentionally, knowingly, or recklessly acts to inflict injury,
serious injury, or death on an animal by force, violence, or
poisoning. A person guilty of animal abuse is guilty of an
aggravated misdemeanor.
2. This section shall not apply to any of the following:
1. A person acting with the consent of the person owning
the animal, unless the action constitutes animal neglect as
provided in section 717B.3.
a. An owner of the animal, or a person acting with the
consent of the owner, who euthanizes an animal in a reasonable
manner, if at the time of the euthanasia, the animal is in a
state of permanent pain or suffering.
2. b. A person acting to carry out an order issued by a
court.
3. c. A licensed veterinarian practicing veterinary
medicine as provided in chapter 169.
4. d. A person acting in order to carry out another
-3-provision of law which allows the conduct.
5. e. A person taking, hunting, trapping, or fishing for a
wild animal as provided in chapter 481A.
6. f. A person acting to protect the person’s property from
a wild animal as defined in section 481A.1.
7. g. A person acting to protect a person from injury or
death caused by a wild animal as defined in section 481A.1.
8. h. A person reasonably acting to protect the person’s
property from damage caused by an unconfined animal.
9. i. A person reasonably acting to protect a person from
injury or death caused by an unconfined animal.
10. j. A local authority reasonably acting to destroy an
animal, if at the time of the destruction, the owner of the
animal is absent or unable to care for the animal, and the
animal is permanently distressed by disease or injury to a
degree that would result in severe and prolonged suffering.
11. k. A research facility, as defined in section 162.2,
provided that if the research facility has been issued or
renewed a valid authorization by the department pursuant
to chapter 162, and performs functions within the scope of
accepted practices and disciplines associated with the research
facility.
l. An act required to be carried out by a commercial
establishment to care for an animal in its possession or
under its control as described in section 162.10A, subsection
1, provided that the commercial establishment complies
with applicable standard of care requirements pursuant to
subsections 1 and 2 of that section.
3. A person who commits animal abuse that causes injury,
other than serious injury or death, to an animal is guilty of
a serious misdemeanor.
4. A person who commits animal abuse that causes serious
injury or death to an animal is guilty of an aggravated
misdemeanor.
5. Notwithstanding subsection 4, a person who commits
-4-animal abuse that causes serious injury or death to an animal
is guilty of a class “D” felony if the person has previously
been convicted of committing animal abuse pursuant to this
section, animal neglect punishable as a serious misdemeanor
or aggravated misdemeanor pursuant to section 717B.3, animal
torture pursuant to section 717B.3A, injury to or interference
with a police service dog pursuant to section 717B.9,
bestiality pursuant to section 717C.1, or an act involving a
contest event prohibited in section 717D.2.
Sec. 6. Section 717B.3, Code 2020, is amended to read as
follows:
717B.3 Animal mistreatment — animal neglect — penalties.
1. A person who impounds or commits animal neglect when
the person owns or has custody of an animal, confines, in any
place, an that animal, is guilty of animal neglect if the
person does any of the following:
a. Fails and fails to supply the animal during confinement
with a sufficient quantity of food or water. provide the animal
with any of the following conditions for the animal’s welfare:
a. Access to food in an amount and quality reasonably
sufficient to satisfy the animal’s basic nutrition level to the
extent that the animal’s health or life is endangered.
b. Fails to provide a confined dog or cat with adequate
shelter Access to a supply of potable water in an amount
reasonably sufficient to satisfy the animal’s basic hydration
level to the extent that the animal’s health or life is
endangered. Access to snow or ice does not satisfy this
requirement.
c. Tortures, deprives of necessary sustenance, mutilates,
beats, or kills an animal by any means which causes unjustified
pain, distress, or suffering Sanitary conditions free from
excessive animal waste or the overcrowding of animals to the
extent that the animal’s health or life is endangered.
d. Ventilated shelter reasonably sufficient to provide
adequate protection from the elements and weather conditions
-5-suitable for the age, species, and physical condition of the
animal so as to maintain the animal in a state of good health
to the extent that the animal’s health or life is endangered.
The shelter must protect the animal from wind, rain, snow, or
sun and have adequate bedding to provide reasonable protection
against cold and dampness. A shelter may include a residence,
garage, barn, shed, or doghouse.
e. Grooming, to the extent it is reasonably necessary to
prevent adverse health effects or suffering.
f. Veterinary care deemed necessary by a reasonably
prudent person to relieve an animal’s distress from any of the
following:
(1) A condition caused by failing to provide for the
animal’s welfare as described in this subsection.
(2) An injury or illness suffered by the animal causing the
animal to suffer prolonged pain and suffering.
2. This section does not apply to a any of the following:
a. A person issued or renewed an authorization to operate
a commercial establishment, or a person acting under the
direction or supervision of that person, if all of the
following apply:
(1) The animal, as described in subsection 1, was maintained
as part of the commercial establishment’s operation.
(2) In providing conditions for the welfare of the animal,
as described in subsection 1, the person complied with the
standard of care requirements provided in section 162.10A,
subsection 1, including any applicable rules adopted by the
department applying to any of the following:
(a) A state licensee or registrant operating pursuant to
section 162.10A, subsection 2, paragraph “a” or “b”.
(b) A permittee operating pursuant to section 162.10A,
subsection 2, paragraph “c”.
b. Aresearch facility, as defined in section 162.2,
provided that if the research facility has been issued or
renewed a valid authorization by the department pursuant
-6-to chapter 162, and performs functions within the scope of
accepted practices and disciplines associated with the research
facility.
3. A person who negligently or intentionally commits
the offense of animal neglect that does not cause injury,
serious injury, or death to an animal is guilty of a simple
misdemeanor. A person who intentionally commits the offense of
animal neglect which results in serious injury to or the death
of an animal is guilty of a serious misdemeanor.
4. A person who commits animal neglect that causes injury,
other than serious injury or death, to an animal is guilty of
a serious misdemeanor.
5. A person who commits animal neglect that causes serious
injury or death to an animal is guilty of an aggravated
misdemeanor.
6. Notwithstanding subsection 5, a person who commits
animal neglect that causes serious injury or death to an
animal is guilty of a class “D” felony if the person has been
previously convicted of animal abuse pursuant to section
717B.2, animal neglect punishable as a serious misdemeanor or
aggravated misdemeanor pursuant to this section, animal torture
pursuant to section 717B.3A, injury to or interference with
a police service dog pursuant to section 717B.9, bestiality
pursuant to section 717C.1, or an act involving a contest event
prohibited in section 717D.2.
Sec. 7. Section 717B.3A, Code 2020, is amended to read as
follows:
717B.3A Animal mistreatment — animal torture — penalties.
1. A person is guilty of animal torture, regardless of
whether the person is the owner of the animal, if the person
intentionally or knowingly inflicts upon the on an animal
severe and prolonged or repeated physical pain with a depraved
or sadistic intent to cause prolonged suffering that causes the
animal’s serious injury or death.
2. This section shall not apply to any of the following:
-7- a. A person acting to carry out an order issued by a court.
b. A licensed veterinarian practicing veterinary medicine as
provided in chapter 169.
c. A person carrying out a practice that is consistent with
animal husbandry practices.
d. c. A person acting in order to carry out another
provision of law which allows the conduct.
e. d. A person taking, hunting, trapping, or fishing for a
wild animal as provided in chapter 481A.
f. e. A person acting to protect the person’s property from
a wild animal as defined in section 481A.1.
g. f. A person acting to protect a person from injury
bodily harm or death caused by a wild animal as defined in
section 481A.1.
h. g. A person reasonably acting reasonably to protect the
person’s property from damage caused by an unconfined animal.
i. h. A person reasonably acting reasonably to protect a
person from injury bodily harm or death caused by an unconfined
animal.
j. i. A local authority reasonably acting reasonably to
destroy euthanize an animal, if at the time of the destruction
euthanasia, the owner of the animal is absent or unable to care
for the animal, and the animal is permanently distressed by
disease or injury to a degree that would result in severe and
prolonged suffering.
k. j. A research facility, as defined in section 162.2,
provided that if the research facility has been issued or
renewed a valid authorization by the department pursuant to
chapter 162, and the research facility performs functions
within the scope of accepted practices and disciplines
associated with the research facility.
k. An act required to be carried out by a commercial
establishment to care for an animal in its possession or
under its control as described in section 162.10A, subsection
1, provided that the commercial establishment complies
-8-with applicable standard of care requirements pursuant to
subsections 1 and 2 of that section.
3. a. The following shall apply to a person who commits
animal torture:
(1) For the first conviction, the person is guilty of an
aggravated misdemeanor. The sentencing order shall provide
that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs
of the evaluation and treatment shall be paid by the person.
In addition, the sentencing order shall provide that the person
complete a community work requirement, which may include a work
requirement performed at an animal shelter or pound, as defined
in section 162.2, according to terms required by the court.
(2) For a second or subsequent conviction, the person is
guilty of a class “D” felony. The sentencing order shall
provide that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs
of the psychological evaluation and treatment shall be paid by
the person.
b. The juvenile court shall have exclusive original
jurisdiction in a proceeding concerning a child who is alleged
to have committed animal torture, in the manner provided in
section 232.8. The juvenile court shall not waive jurisdiction
in a proceeding concerning such an offense alleged to have been
committed by a child under the age of seventeen.
4. A person who commits animal torture is guilty of an
aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits
animal torture is guilty of a class “D” felony if the person
has previously been convicted of committing animal abuse
pursuant to section 717B.2, animal neglect punishable as a
serious misdemeanor or aggravated misdemeanor pursuant to
section 717B.3, animal torture pursuant to this section, injury
to or interference with a police service dog pursuant to
section 717B.9, bestiality pursuant to section 717C.1, or an
-9-act involving a contest event prohibited in section 717D.2.
Sec. 8. NEW SECTION. 717B.3B Animal mistreatment — court
order — evaluation and treatment.
1. At the time of a person’s conviction for committing a
public offense constituting animal mistreatment, a court may
enter an order requiring the person to undergo a psychological
or psychiatric evaluation and to undergo any treatment that the
court determines to be appropriate after due consideration of
the evaluation.
2. Notwithstanding subsection 1, the court shall enter an
order described in that subsection, if the convicted person is
any of the following:
a. A juvenile.
b. An adult convicted of animal abuse punishable as an
aggravated misdemeanor or class “D” felony pursuant to section
717B.2, animal neglect punishable as an aggravated misdemeanor
or class “D” felony pursuant to section 717B.3, or animal
torture pursuant to section 717B.3A.
3. The costs of undergoing a psychological or psychiatric
evaluation and undergoing any treatment ordered by the court
shall be borne by the convicted person, unless the person is
a juvenile.
4. An order made under this section is in addition to any
other order or sentence of the court.
5. Any violation of the court order shall be punished as
contempt of court pursuant to chapter 665.
Sec. 9. Section 717B.8, Code 2020, is amended to read as
follows:
717B.8 Abandonment of cats and dogs — penalties.
1. A person who has ownership commits animal abandonment if
the person owns or has custody of a cat or dog shall not abandon
the cat or dog, except the person may deliver and relinquishes
all rights in and duties to care for the cat or dog.
2. This section does not apply to any of the following:
a. The delivery of acat or dog to another person who will
-10-accept ownership and custody or the person may deliver of the
cat or dog.
b. The delivery of acat or dog to an animal shelter or
pound as defined in section 162.2 that has been issued or
renewed a valid authorization by the department under chapter
162.
c. A person who relinquishes custody of a cat at a location
in which the person does not hold a legal or equitable
interest, if previously the person had taken custody of the cat
at the same location and provided for the cat’s sterilization
by a veterinarian.
3. a. A person who violates this section commits animal
abandonment that does not cause injury or death to an animal is
guilty of a simple misdemeanor.
b. A person who commits animal abandonment that causes
injury other than serious injury or death to an animal is
guilty of a serious misdemeanor.
c. A person who commits animal abandonment that causes
serious injury or death to an animal is guilty of an aggravated
misdemeanor.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 737, Eighty-eighth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2020______________________________
KIM REYNOLDSGovernorda/rh/md