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Senate File 2181 - IntroducedA Bill ForAn Act 1prohibiting the mistreatment of animals other than
2livestock and wild animals, providing for the rescue of
3animals by local law enforcement agencies, providing for
4criminal offenses and court orders, and including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.1, Code 2018, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Animal control officer” means a person
4employed, contracted, or appointed by a local authority to
5assist in the enforcement of chapter 162, this chapter, or any
6other law or ordinance relating to the licensing of animals,
7control of animals, or the seizure and impoundment of animals.
8 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
9pleads guilty to, or is sentenced or adjudicated delinquent
10for an act which is an indictable offense in this state or in
11another state, including but not limited to a juvenile who has
12been adjudicated delinquent, whether or not the juvenile court
13records have been sealed under section 232.150, and a person
14who has received a deferred sentence or a deferred judgment or
15has been acquitted by reason of insanity.
16b. “Convicted” includes the conviction of a juvenile
17prosecuted as an adult. “Convicted” also includes a conviction
18for an attempt or conspiracy to commit an offense.
19c. “Convicted” does not mean a plea, sentence, adjudication,
20deferred sentence, or deferred judgment which has been reversed
21or otherwise set aside.
22 NEW SUBSECTION. 4A. “Injury” means an impairment to an
23animal’s health or functions, including physical damage or harm
24to an animal’s muscle, tissue, organs, bones, hide, or skin,
25that causes the animal to suffer pain.
26 NEW SUBSECTION. 8A. “Serious injury” means an injury that
27creates a substantial risk of death or that causes protracted
28disfigurement, protracted impairment of health, or protracted
29loss or impairment of the function of a limb or organ.
30 Sec. 2. Section 717B.1, subsection 9, Code 2018, is amended
31to read as follows:
329. “Threatened animal” means an animal that is abused as
33provided suffers mistreatment due to animal abuse as described
34 in section 717B.2, neglected animal neglect as provided
35 described in section 717B.3, or tortured animal torture as
-1-1provided described in section 717B.3A, animal abandonment
2as described in section 717B.3B, or animal endangerment as
3described in section 717B.3C.
4 Sec. 3. Section 717B.2, Code 2018, is amended to read as
5follows:
6717B.2 Animal abuse — penalties.
71. A person is guilty of animal abuse if the person
8intentionally injures, maims, disfigures, or destroys an animal
9owned by another person, in any manner, including intentionally
10poisoning the animal commits animal abuse when the person
11knowingly or recklessly causes injury, serious injury, or death
12to an animal by force, violence, or poisoning. A person guilty
13of animal abuse is guilty of an aggravated misdemeanor.
142. This section shall not apply to conduct engaged in by any
15of the following:
161. A person acting with the consent of the person owning
17the animal, unless the action constitutes animal neglect as
18provided in section 717B.3.
192. a. A person acting to carry out an order issued by a
20court.
213. b. A licensed veterinarian practicing veterinary
22medicine as provided in chapter 169.
234. c. A person acting in order to carry out another
24provision of law which allows the conduct.
255. d. A person taking, hunting, trapping, or fishing for a
26wild animal as provided in chapter 481A.
276. e. A person acting to protect the person’s property from
28a wild animal as defined in section 481A.1.
297. f. A person acting to protect a person from injury or
30death caused by a wild animal as defined in section 481A.1.
318. g. A person reasonably acting reasonably to protect the
32person’s property from damage caused by an unconfined animal.
339. h. A person reasonably acting reasonably to protect a
34person from injury or death caused by an unconfined animal.
3510. i. A local authority reasonably acting reasonably to
-2-1destroy an animal, if at the time of the destruction, the owner
2of the animal is absent or unable to care for the animal, and
3the animal is permanently distressed by disease or injury to a
4degree that would result in severe and prolonged suffering.
511. j. A research facility, as defined in section 162.2,
6provided that the research facility performs functions within
7the scope of accepted practices and disciplines associated with
8the research facility.
93. A person who commits animal abuse that does not cause
10serious injury or death to an animal is guilty of a serious
11misdemeanor.
124. A person who commits animal abuse that causes serious
13injury or death to an animal is guilty of an aggravated
14misdemeanor.
155. Notwithstanding subsection 4, a person who commits
16animal abuse that causes serious injury or death to an animal
17is guilty of a class “D” felony if the person has previously
18been convicted of committing animal abuse pursuant to this
19section, animal neglect pursuant to section 717B.3, animal
20torture pursuant to section 717B.3A, animal abandonment
21pursuant to section 717B.3B, animal endangerment pursuant
22to section 717B.3C, injury to or interference with a police
23service dog pursuant to section 717B.9, bestiality pursuant to
24section 717C.1, or an act involving a contest event prohibited
25in section 717D.2.
26 Sec. 4. Section 717B.3, Code 2018, is amended to read as
27follows:
28717B.3 Animal neglect — penalties.
291. A person who impounds or commits animal neglect when
30the person owns or has custody of an animal, confines, in any
31place, an that animal, is guilty of animal neglect if the
32person does any of the following:
33a. Fails and fails to supply the animal during confinement
34with a sufficient quantity of food or water. reasonably provide
35the animal with any of the following:
-3- 1a. Access to food in an amount and quality sufficient to
2satisfy the animal’s basic nutrition level.
3b. Fails to provide a confined dog or cat with adequate
4shelter. Access to a supply of potable water in an amount
5sufficient to satisfy the animal’s basic hydration level.
6Access to snow or ice does not satisfy this requirement.
7c. Tortures, deprives of necessary sustenance, mutilates,
8beats, or kills an animal by any means which causes unjustified
9pain, distress, or suffering. Sanitary conditions free from
10excessive animal waste or the overcrowding of animals.
11d. Ventilated shelter sufficient to provide adequate
12protection from the elements and weather conditions suitable
13for the age, species, and physical condition of the animal
14so as to maintain the animal in a state of good health. The
15shelter must protect the animal from wind, rain, snow, or sun
16and have adequate bedding to provide protection against cold
17and dampness. A shelter may include a residence, garage, barn,
18shed, or doghouse.
19e. Grooming, to the extent reasonably necessary to prevent
20adverse health effects or suffering.
21f. Veterinary care deemed necessary by a reasonably
22prudent person to relieve an animal’s distress from any of the
23following:
24(1) A condition caused by failing to provide for the
25animal’s welfare as described in paragraphs “a” through “f”.
26(2) An injury or illness suffered by the animal causing the
27animal to suffer prolonged pain and suffering.
282. This section does not apply to a research facility, as
29defined in section 162.2, provided that the research facility
30performs functions within the scope of accepted practices and
31disciplines associated with the research facility.
323. A person who negligently or intentionally commits the
33offense of animal neglect that does not cause injury or death
34to an animal is guilty of a simple misdemeanor. A person who
35intentionally commits the offense of animal neglect which
-4-1results in serious injury to or the death of an animal is
2guilty of a serious misdemeanor.
34. A person who commits animal neglect that causes injury
4other than serious injury or death to an animal is guilty of a
5serious misdemeanor.
65. A person who commits animal neglect which causes serious
7injury or death to an animal is guilty of an aggravated
8misdemeanor.
96. Notwithstanding subsection 5, a person who commits
10animal neglect which causes serious injury or death to an
11animal is guilty of a class “D” felony if the person has been
12previously convicted of animal abuse pursuant to section
13717B.2, animal neglect pursuant to this section, animal torture
14pursuant to section 717B.3A, animal abandonment pursuant to
15section 717B.3B, animal endangerment pursuant to section
16717B.3C, injury to or interference with a police service dog
17pursuant to section 717B.9, bestiality pursuant to section
18717C.1, or an act involving a contest event prohibited in
19section 717D.2.
20 Sec. 5. Section 717B.3A, Code 2018, is amended to read as
21follows:
22717B.3A Animal torture — penalties.
231. A person is guilty of animal torture, regardless of
24whether the person is the owner of the animal, if when the
25person inflicts upon the animal severe and prolonged or
26repeated physical pain with a depraved or sadistic intent to
27cause that results in the animal’s prolonged suffering and
28serious injury or death.
292. This section shall not apply to conduct engaged in by any
30of the following:
31a. A person acting to carry out an order issued by a court.
32b. A licensed veterinarian practicing veterinary medicine as
33provided in chapter 169.
34c. A person carrying out a practice that is consistent with
35animal husbandry practices.
-5- 1d. A person acting in order to carry out another provision
2of law which allows the conduct.
3e. A person taking, hunting, trapping, or fishing for a wild
4animal as provided in chapter 481A.
5f. A person acting to protect the person’s property from a
6wild animal as defined in section 481A.1.
7g. A person acting to protect a person from injury or death
8caused by a wild animal as defined in section 481A.1.
9h. A person reasonably acting reasonably to protect the
10person’s property from damage caused by an unconfined animal.
11i. A person reasonably acting reasonably to protect a person
12from injury or death caused by an unconfined animal.
13j. A local authority reasonably acting reasonably to destroy
14an animal, if at the time of the destruction, the owner of the
15animal is absent or unable to care for the animal, and the
16animal is permanently distressed by disease or injury to a
17degree that would result in severe and prolonged suffering.
18k. A research facility, as defined in section 162.2,
19provided that the research facility performs functions within
20the scope of accepted practices and disciplines associated with
21the research facility.
223. a. The following shall apply to a person who commits
23animal torture:
24(1) For the first conviction, the person is guilty of an
25aggravated misdemeanor. The sentencing order shall provide
26that the person submit to psychological evaluation and
27treatment according to terms required by the court. The costs
28of the evaluation and treatment shall be paid by the person.
29In addition, the sentencing order shall provide that the person
30complete a community work requirement, which may include a work
31requirement performed at an animal shelter or pound, as defined
32in section 162.2, according to terms required by the court.
33(2) For a second or subsequent conviction, the person is
34guilty of a class “D” felony. The sentencing order shall
35provide that the person submit to psychological evaluation and
-6-1treatment according to terms required by the court. The costs
2of the psychological evaluation and treatment shall be paid by
3the person.
4b. The juvenile court shall have exclusive original
5jurisdiction in a proceeding concerning a child who is alleged
6to have committed animal torture, in the manner provided in
7section 232.8. The juvenile court shall not waive jurisdiction
8in a proceeding concerning an offense alleged to have been
9committed by a child under the age of seventeen.
104. A person who commits animal torture is guilty of a class
11“D” felony.
125. Notwithstanding subsection 4, a person who commits
13animal torture is guilty of a class “C” felony if the person
14has previously been convicted of committing animal abuse
15pursuant to section 717B.2, animal neglect pursuant to section
16717B.3, animal torture pursuant to this section, animal
17abandonment pursuant to section 717B.3B, animal endangerment
18pursuant to section 717B.3C, injury to or interference with
19a police service dog pursuant to section 717B.9, bestiality
20pursuant to section 717C.1, or an act involving a contest event
21prohibited in section 717D.2.
22 Sec. 6. NEW SECTION. 717B.3B Animal abandonment —
23penalties.
241. A person commits animal abandonment by knowingly or
25recklessly relinquishing custody of an animal at a location in
26which the person does not hold a legal or equitable interest if
27the person does not do any of the following:
28a. Legally transfer the animal to another person.
29b. Make reasonable arrangements for the transfer of custody
30of the animal to a person who agrees to assume custody of the
31animal.
32c. Make other reasonable arrangements for the care of the
33animal in a manner that would not constitute animal neglect
34under section 717B.3.
352. A person who commits animal abandonment that does not
-7-1cause injury or death to an animal is guilty of a simple
2misdemeanor.
33. A person who commits animal abandonment that causes
4injury other than serious injury or death to an animal is
5guilty of a serious misdemeanor.
64. A person who commits animal abandonment that causes
7serious injury or death to an animal is guilty of an aggravated
8misdemeanor.
95. Notwithstanding subsection 4, a person who commits
10animal abandonment that causes serious injury or death to
11an animal is guilty of a class “D” felony if the person has
12previously been convicted of committing animal abandonment
13pursuant to this section, animal abuse pursuant to section
14717B.2, animal neglect pursuant to section 717B.3, animal
15torture pursuant to section 717B.3A, animal endangerment
16pursuant to section 717B.3C, injury to or interference with
17a police service dog pursuant to section 717B.9, bestiality
18pursuant to section 717C.1, or an act involving a contest event
19prohibited in section 717D.2.
206. This section does not apply to a person who relinquishes
21custody of a cat at a location described in subsection 1, if
22previously the person had taken custody of the cat at the same
23location and provided for its sterilization by a licensed
24veterinarian practicing veterinary medicine pursuant to chapter
25169.
26 Sec. 7. NEW SECTION. 717B.3C Animal endangerment —
27penalties.
281. A person commits animal endangerment when the person
29confines an animal in a stationary motor vehicle in a manner
30that endangers the health or life of the animal by exposing the
31animal to a prolonged period of extreme interior temperature or
32a long period without adequate ventilation.
332. A person who commits animal endangerment that does
34not cause injury or death to an animal is guilty of a simple
35misdemeanor.
-8- 13. A person who commits animal endangerment that causes
2injury other than serious injury or death to an animal is
3guilty of a serious misdemeanor.
44. A person who commits animal endangerment that causes
5serious injury or death to an animal is guilty of an aggravated
6misdemeanor.
75. Notwithstanding subsection 4, a person who commits
8animal endangerment that causes serious injury to an animal
9is guilty of a class “D” felony if the person has previously
10been convicted of committing animal endangerment pursuant to
11this section, animal abuse pursuant to section 717B.2, animal
12neglect pursuant to section 717B.3, animal torture pursuant
13to section 717B.3A, animal abandonment pursuant to section
14717B.3B, injury to or interference with a police service dog
15pursuant to section 717B.9, bestiality pursuant to section
16717C.1, or an act involving a contest event prohibited in
17section 717D.2.
18 Sec. 8. NEW SECTION. 717B.3D Animal mistreatment — court
19order — evaluation and treatment.
201. At the time of a person’s conviction for a public
21offense committed under this chapter, a court may enter an
22order requiring the person to undergo a psychological or
23psychiatric evaluation and to undergo any treatment that the
24court determines to be appropriate after due consideration of
25the evaluation. However, the court shall enter such an order
26if the convicted person is any of the following:
27a. A juvenile.
28b. An adult committing animal abuse pursuant to section
29717B.2, animal neglect punishable as an aggravated misdemeanor
30or class “D” felony pursuant to section 717B.3, animal torture
31pursuant to section 717B.3A, animal abandonment pursuant to
32section 717B.3B, or animal endangerment pursuant to section
33717B.3C.
342. The costs of undergoing a psychological or psychiatric
35evaluation and undergoing any treatment ordered by the court
-9-1shall be borne by the convicted person, unless the person is
2a juvenile.
33. An order made under this section is in addition to any
4other order or sentence of the court.
54. Any violation of the court order shall be punished as
6contempt of court pursuant to chapter 665.
7 Sec. 9. NEW SECTION. 717B.3E Animal mistreatment —
8sentencing order — prohibitions.
91. At the time of a person’s sentencing for a public offense
10committed under this chapter, a court may prohibit the person
11from owning or obtaining custody of an animal or residing in
12the same dwelling where an animal is kept. The period of the
13prohibition shall be not less than three years.
142. Notwithstanding subsection 1, the court shall enter such
15an order if the convicted person has committed animal abuse
16punishable as an aggravated misdemeanor or class “D” felony
17pursuant to section 717B.2, animal neglect punishable as an
18aggravated misdemeanor or class “D” felony pursuant to section
19717B.3, animal torture pursuant to section 717B.3A, animal
20abandonment punishable as an aggravated misdemeanor or class
21“D” felony pursuant to section 717B.3B, or animal endangerment
22punishable as an aggravated misdemeanor or class “D” felony
23pursuant to section 717B.3C. The period of such prohibition
24shall be not less than ten years.
253. The duration of a prohibition described in this
26section commences on the date that the person is placed on
27probation, released on parole or work release, or released from
28incarceration or from placement in a juvenile facility.
294. An order made pursuant to this section is in addition to
30any other order or sentence of the court.
315. Any violation of the court order described in this
32section is a public offense and shall be punished as a simple
33misdemeanor.
34 Sec. 10. NEW SECTION. 717B.5A Rescue — motor vehicles.
351. A law enforcement officer or animal control officer may
-10-1rescue an animal from a stationary motor vehicle, including
2through the use of forced entrance, if the law enforcement
3officer or animal control officer reasonably believes that the
4animal may be suffering distress due to exposure to extreme
5interior temperature or a lack of adequate ventilation. The
6law enforcement officer’s or animal control officer’s action
7is justified regardless of whether the law enforcement officer
8or animal control officer observed indications of distress
9or whether the person could be charged with or convicted of
10committing a public offense.
112. The law enforcement officer or animal control officer
12shall provide written notice of the rescue to the animal’s
13responsible party. This requirement is satisfied by placing
14the notice in a conspicuous place located within the motor
15vehicle. The notice must state where the rescued animal may
16be claimed.
173. The local authority shall provide for the maintenance
18of the rescued animal as if it were a threatened animal under
19section 717B.5. However, a dispositional proceeding under
20section 717B.4 is not required if within ten days after the
21date of the animal’s rescue the responsible party claims the
22animal from the local authority. In order to claim the animal,
23the responsible party must reimburse the local authority for
24all reasonable costs that accrued from rescuing and maintaining
25the animal.
26 Sec. 11. REPEAL. Section 717B.8, Code 2018, is repealed.
27 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection
283, shall not apply to this Act.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32GENERAL. This bill amends Code chapter 717B prohibiting
33the mistreatment of certain animals, including dogs and cats,
34but excluding other animals such as livestock (Code chapter
35717); game, fur-bearing animals, fish, reptiles, or amphibians
-11-1(Code chapter 481A), unless such animal is owned, confined,
2or controlled by a person; or a nongame animal declared to be
3a nuisance by the natural resource commission (Code section
4481A.42).
5The bill amends three different criminal offenses in Code
6chapter 717B, including animal abuse (Code section 717B.2),
7animal neglect (Code section 717B.3), and animal torture (Code
8section 717B.3A). The bill creates two new criminal offenses
9including animal abandonment (new Code section 717B.3B) and
10animal endangerment (new Code section 717B.3C). Under the
11bill, each of the offenses includes an enhanced penalty that
12applies to a convicted person who has previously committed any
13of the named offenses; committed injury or interference with a
14police service dog (Code section 717B.9); committed bestiality
15(Code section 717C.1); or committed an offense involving an
16animal contest (Code section 717D.4).
17TYPES OF CRIMINAL OFFENSES — ABUSE. Animal abuse involves
18intentionally injuring an animal by violence or poisoning. The
19bill replaces the intent element with that of acting knowingly
20or recklessly. It also removes a provision that exempted
21a person who acted with the consent of the animal’s owner.
22The bill reduces the penalty from an aggravated to a serious
23misdemeanor for committing animal abuse that does not cause
24an animal serious injury or death and retains the penalty of
25aggravated misdemeanor for committing animal abuse that causes
26an animal serious injury or death. The bill provides that the
27aggravated misdemeanor may be enhanced to a class “D” felony
28if the person was previously convicted of one of the named
29offenses.
30TYPES OF CRIMINAL OFFENSES — NEGLECT. Animal neglect
31involves failing to provide an animal with adequate food,
32water, or shelter, or torturing the animal. The bill rewrites
33these requirements by requiring that an animal be furnished
34with adequate supplies of nutritional food, access to potable
35water, adequate sanitary conditions, ventilated shelter
-12-1sufficient to provide the animal with protection from extreme
2weather conditions, and necessary veterinary care. The bill
3eliminates the torture prohibition. The bill retains the
4criminal penalty which is a simple misdemeanor. However, the
5penalty is increased to a serious misdemeanor if the animal
6suffers an injury and to an aggravated misdemeanor if the
7animal suffers a serious injury or death. In a case where
8the animal suffers a serious injury or death, the aggravated
9misdemeanor may be enhanced to a class “D” felony if the person
10was previously convicted of one of the named offenses.
11TYPES OF CRIMINAL OFFENSES — TORTURE. Animal torture
12involves inflicting upon an animal severe physical pain with
13depraved or sadistic intent to cause prolonged suffering or
14death. The bill eliminates the element of intent and requires
15that the act involve prolonged or repeated physical pain that
16results in prolonged suffering and serious injury or death.
17The bill replaces the current penalties for animal torture. A
18person is no longer guilty of an aggravated misdemeanor for
19the first offense and a class “D” felony for a subsequent
20offense. Instead, a person is guilty of a class “D” felony,
21which is enhanced to a class “C” felony if the person was
22previously convicted of one of the named offenses. The bill
23also eliminates a requirement that a person convicted of animal
24torture must submit to psychological evaluation and treatment.
25TYPES OF CRIMINAL OFFENSES — ABANDONMENT. Animal
26abandonment involves knowingly or recklessly relinquishing
27custody of an animal at a location in which the person does
28not hold a legal or equitable interest. There are exceptions
29in cases of transferring ownership or custody or making
30arrangements for the care of the animal. There is also an
31exception for a person who removes a cat from a location
32and returns the cat to the same location after it has been
33sterilized. The criminal penalty is a simple misdemeanor.
34However, the penalty is increased to a serious misdemeanor if
35the animal suffers an injury and to an aggravated misdemeanor
-13-1if the animal suffers a serious injury or death. In a case
2where the animal suffers a serious injury or death, the
3aggravated misdemeanor may be enhanced to a class “D” felony
4if the person was previously convicted of one of the named
5offenses.
6TYPES OF CRIMINAL OFFENSES — ENDANGERMENT. Animal
7endangerment involves confining an animal in a stationary motor
8vehicle in a manner that exposes the animal to a prolonged
9period of extreme interior temperature or a long period
10without adequate ventilation. The criminal penalty is a
11simple misdemeanor. However, the penalty is increased to a
12serious misdemeanor if the animal suffers an injury and to an
13aggravated misdemeanor if the animal suffers a serious injury
14or death. In a case where the animal suffers a serious injury
15or death, the aggravated misdemeanor may be enhanced to a class
16“D” felony if the person was previously convicted of one of the
17named offenses.
18APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
19as follows: (1) simple misdemeanor, confinement for no more
20than 30 days or a fine of at least $65 but not more than $625 or
21by both; (2) serious misdemeanor, confinement for no more than
22one year and a fine of at least $315 but not more than $1,875;
23(3) aggravated misdemeanor, confinement for no more than two
24years and a fine of at least $625 but not more than $6,250; (4)
25class “D” felony, confinement for no more than five years and a
26fine of at least $750 but not more than $7,500; and (5) class
27“C” felony, confinement for no more than 10 years and a fine of
28at least $1,000 but not more than $10,000.
29COURT ORDERS. At the time of conviction for committing
30any of the offenses, a person may be subject to a court order
31requiring a psychological or psychiatric evaluation and
32treatment. The person may also be subject to a court order
33prohibiting the person from owning, possessing, or living with
34an animal. In each case, the court’s decision to issue an
35order is discretionary except under certain conditions. A
-14-1court order requiring an evaluation and treatment is mandatory
2for juveniles. That order and the order prohibiting contact
3with animals is also mandatory if the offense is punishable as
4an aggravated misdemeanor or felony. For a discretionary court
5order, the period of prohibition is for not less than three
6years. For a mandatory court order, the period of prohibition
7is not less than 10 years.
8ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS — AND
9LOCAL ANIMAL CONTROL OFFICERS. The bill provides that a law
10enforcement officer (e.g., county sheriff or deputy sheriff)
11or an animal control officer (a person employed by local
12government to enforce the animal control laws) is authorized to
13rescue an animal from a motor vehicle based upon a reasonable
14belief that the animal may be suffering distress. The officer
15must provide a written notice of the rescue. After the rescue,
16the animal must be maintained as a rescued animal by the local
17authority until it is claimed or disposed of pursuant to court
18order.
-15-da/rj
2livestock and wild animals, providing for the rescue of
3animals by local law enforcement agencies, providing for
4criminal offenses and court orders, and including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.1, Code 2018, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Animal control officer” means a person
4employed, contracted, or appointed by a local authority to
5assist in the enforcement of chapter 162, this chapter, or any
6other law or ordinance relating to the licensing of animals,
7control of animals, or the seizure and impoundment of animals.
8 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
9pleads guilty to, or is sentenced or adjudicated delinquent
10for an act which is an indictable offense in this state or in
11another state, including but not limited to a juvenile who has
12been adjudicated delinquent, whether or not the juvenile court
13records have been sealed under section 232.150, and a person
14who has received a deferred sentence or a deferred judgment or
15has been acquitted by reason of insanity.
16b. “Convicted” includes the conviction of a juvenile
17prosecuted as an adult. “Convicted” also includes a conviction
18for an attempt or conspiracy to commit an offense.
19c. “Convicted” does not mean a plea, sentence, adjudication,
20deferred sentence, or deferred judgment which has been reversed
21or otherwise set aside.
22 NEW SUBSECTION. 4A. “Injury” means an impairment to an
23animal’s health or functions, including physical damage or harm
24to an animal’s muscle, tissue, organs, bones, hide, or skin,
25that causes the animal to suffer pain.
26 NEW SUBSECTION. 8A. “Serious injury” means an injury that
27creates a substantial risk of death or that causes protracted
28disfigurement, protracted impairment of health, or protracted
29loss or impairment of the function of a limb or organ.
30 Sec. 2. Section 717B.1, subsection 9, Code 2018, is amended
31to read as follows:
329. “Threatened animal” means an animal that is abused as
33provided suffers mistreatment due to animal abuse as described
34 in section 717B.2, neglected animal neglect as provided
35 described in section 717B.3, or tortured animal torture as
-1-1provided described in section 717B.3A, animal abandonment
2as described in section 717B.3B, or animal endangerment as
3described in section 717B.3C.
4 Sec. 3. Section 717B.2, Code 2018, is amended to read as
5follows:
6717B.2 Animal abuse — penalties.
71. A person is guilty of animal abuse if the person
8intentionally injures, maims, disfigures, or destroys an animal
9owned by another person, in any manner, including intentionally
10poisoning the animal commits animal abuse when the person
11knowingly or recklessly causes injury, serious injury, or death
12to an animal by force, violence, or poisoning. A person guilty
13of animal abuse is guilty of an aggravated misdemeanor.
142. This section shall not apply to conduct engaged in by any
15of the following:
161. A person acting with the consent of the person owning
17the animal, unless the action constitutes animal neglect as
18provided in section 717B.3.
192. a. A person acting to carry out an order issued by a
20court.
213. b. A licensed veterinarian practicing veterinary
22medicine as provided in chapter 169.
234. c. A person acting in order to carry out another
24provision of law which allows the conduct.
255. d. A person taking, hunting, trapping, or fishing for a
26wild animal as provided in chapter 481A.
276. e. A person acting to protect the person’s property from
28a wild animal as defined in section 481A.1.
297. f. A person acting to protect a person from injury or
30death caused by a wild animal as defined in section 481A.1.
318. g. A person reasonably acting reasonably to protect the
32person’s property from damage caused by an unconfined animal.
339. h. A person reasonably acting reasonably to protect a
34person from injury or death caused by an unconfined animal.
3510. i. A local authority reasonably acting reasonably to
-2-1destroy an animal, if at the time of the destruction, the owner
2of the animal is absent or unable to care for the animal, and
3the animal is permanently distressed by disease or injury to a
4degree that would result in severe and prolonged suffering.
511. j. A research facility, as defined in section 162.2,
6provided that the research facility performs functions within
7the scope of accepted practices and disciplines associated with
8the research facility.
93. A person who commits animal abuse that does not cause
10serious injury or death to an animal is guilty of a serious
11misdemeanor.
124. A person who commits animal abuse that causes serious
13injury or death to an animal is guilty of an aggravated
14misdemeanor.
155. Notwithstanding subsection 4, a person who commits
16animal abuse that causes serious injury or death to an animal
17is guilty of a class “D” felony if the person has previously
18been convicted of committing animal abuse pursuant to this
19section, animal neglect pursuant to section 717B.3, animal
20torture pursuant to section 717B.3A, animal abandonment
21pursuant to section 717B.3B, animal endangerment pursuant
22to section 717B.3C, injury to or interference with a police
23service dog pursuant to section 717B.9, bestiality pursuant to
24section 717C.1, or an act involving a contest event prohibited
25in section 717D.2.
26 Sec. 4. Section 717B.3, Code 2018, is amended to read as
27follows:
28717B.3 Animal neglect — penalties.
291. A person who impounds or commits animal neglect when
30the person owns or has custody of an animal, confines, in any
31place, an that animal, is guilty of animal neglect if the
32person does any of the following:
33a. Fails and fails to supply the animal during confinement
34with a sufficient quantity of food or water. reasonably provide
35the animal with any of the following:
-3- 1a. Access to food in an amount and quality sufficient to
2satisfy the animal’s basic nutrition level.
3b. Fails to provide a confined dog or cat with adequate
4shelter. Access to a supply of potable water in an amount
5sufficient to satisfy the animal’s basic hydration level.
6Access to snow or ice does not satisfy this requirement.
7c. Tortures, deprives of necessary sustenance, mutilates,
8beats, or kills an animal by any means which causes unjustified
9pain, distress, or suffering. Sanitary conditions free from
10excessive animal waste or the overcrowding of animals.
11d. Ventilated shelter sufficient to provide adequate
12protection from the elements and weather conditions suitable
13for the age, species, and physical condition of the animal
14so as to maintain the animal in a state of good health. The
15shelter must protect the animal from wind, rain, snow, or sun
16and have adequate bedding to provide protection against cold
17and dampness. A shelter may include a residence, garage, barn,
18shed, or doghouse.
19e. Grooming, to the extent reasonably necessary to prevent
20adverse health effects or suffering.
21f. Veterinary care deemed necessary by a reasonably
22prudent person to relieve an animal’s distress from any of the
23following:
24(1) A condition caused by failing to provide for the
25animal’s welfare as described in paragraphs “a” through “f”.
26(2) An injury or illness suffered by the animal causing the
27animal to suffer prolonged pain and suffering.
282. This section does not apply to a research facility, as
29defined in section 162.2, provided that the research facility
30performs functions within the scope of accepted practices and
31disciplines associated with the research facility.
323. A person who negligently or intentionally commits the
33offense of animal neglect that does not cause injury or death
34to an animal is guilty of a simple misdemeanor. A person who
35intentionally commits the offense of animal neglect which
-4-1results in serious injury to or the death of an animal is
2guilty of a serious misdemeanor.
34. A person who commits animal neglect that causes injury
4other than serious injury or death to an animal is guilty of a
5serious misdemeanor.
65. A person who commits animal neglect which causes serious
7injury or death to an animal is guilty of an aggravated
8misdemeanor.
96. Notwithstanding subsection 5, a person who commits
10animal neglect which causes serious injury or death to an
11animal is guilty of a class “D” felony if the person has been
12previously convicted of animal abuse pursuant to section
13717B.2, animal neglect pursuant to this section, animal torture
14pursuant to section 717B.3A, animal abandonment pursuant to
15section 717B.3B, animal endangerment pursuant to section
16717B.3C, injury to or interference with a police service dog
17pursuant to section 717B.9, bestiality pursuant to section
18717C.1, or an act involving a contest event prohibited in
19section 717D.2.
20 Sec. 5. Section 717B.3A, Code 2018, is amended to read as
21follows:
22717B.3A Animal torture — penalties.
231. A person is guilty of animal torture, regardless of
24whether the person is the owner of the animal, if when the
25person inflicts upon the animal severe and prolonged or
26repeated physical pain with a depraved or sadistic intent to
27cause that results in the animal’s prolonged suffering and
28serious injury or death.
292. This section shall not apply to conduct engaged in by any
30of the following:
31a. A person acting to carry out an order issued by a court.
32b. A licensed veterinarian practicing veterinary medicine as
33provided in chapter 169.
34c. A person carrying out a practice that is consistent with
35animal husbandry practices.
-5- 1d. A person acting in order to carry out another provision
2of law which allows the conduct.
3e. A person taking, hunting, trapping, or fishing for a wild
4animal as provided in chapter 481A.
5f. A person acting to protect the person’s property from a
6wild animal as defined in section 481A.1.
7g. A person acting to protect a person from injury or death
8caused by a wild animal as defined in section 481A.1.
9h. A person reasonably acting reasonably to protect the
10person’s property from damage caused by an unconfined animal.
11i. A person reasonably acting reasonably to protect a person
12from injury or death caused by an unconfined animal.
13j. A local authority reasonably acting reasonably to destroy
14an animal, if at the time of the destruction, the owner of the
15animal is absent or unable to care for the animal, and the
16animal is permanently distressed by disease or injury to a
17degree that would result in severe and prolonged suffering.
18k. A research facility, as defined in section 162.2,
19provided that the research facility performs functions within
20the scope of accepted practices and disciplines associated with
21the research facility.
223. a. The following shall apply to a person who commits
23animal torture:
24(1) For the first conviction, the person is guilty of an
25aggravated misdemeanor. The sentencing order shall provide
26that the person submit to psychological evaluation and
27treatment according to terms required by the court. The costs
28of the evaluation and treatment shall be paid by the person.
29In addition, the sentencing order shall provide that the person
30complete a community work requirement, which may include a work
31requirement performed at an animal shelter or pound, as defined
32in section 162.2, according to terms required by the court.
33(2) For a second or subsequent conviction, the person is
34guilty of a class “D” felony. The sentencing order shall
35provide that the person submit to psychological evaluation and
-6-1treatment according to terms required by the court. The costs
2of the psychological evaluation and treatment shall be paid by
3the person.
4b. The juvenile court shall have exclusive original
5jurisdiction in a proceeding concerning a child who is alleged
6to have committed animal torture, in the manner provided in
7section 232.8. The juvenile court shall not waive jurisdiction
8in a proceeding concerning an offense alleged to have been
9committed by a child under the age of seventeen.
104. A person who commits animal torture is guilty of a class
11“D” felony.
125. Notwithstanding subsection 4, a person who commits
13animal torture is guilty of a class “C” felony if the person
14has previously been convicted of committing animal abuse
15pursuant to section 717B.2, animal neglect pursuant to section
16717B.3, animal torture pursuant to this section, animal
17abandonment pursuant to section 717B.3B, animal endangerment
18pursuant to section 717B.3C, injury to or interference with
19a police service dog pursuant to section 717B.9, bestiality
20pursuant to section 717C.1, or an act involving a contest event
21prohibited in section 717D.2.
22 Sec. 6. NEW SECTION. 717B.3B Animal abandonment —
23penalties.
241. A person commits animal abandonment by knowingly or
25recklessly relinquishing custody of an animal at a location in
26which the person does not hold a legal or equitable interest if
27the person does not do any of the following:
28a. Legally transfer the animal to another person.
29b. Make reasonable arrangements for the transfer of custody
30of the animal to a person who agrees to assume custody of the
31animal.
32c. Make other reasonable arrangements for the care of the
33animal in a manner that would not constitute animal neglect
34under section 717B.3.
352. A person who commits animal abandonment that does not
-7-1cause injury or death to an animal is guilty of a simple
2misdemeanor.
33. A person who commits animal abandonment that causes
4injury other than serious injury or death to an animal is
5guilty of a serious misdemeanor.
64. A person who commits animal abandonment that causes
7serious injury or death to an animal is guilty of an aggravated
8misdemeanor.
95. Notwithstanding subsection 4, a person who commits
10animal abandonment that causes serious injury or death to
11an animal is guilty of a class “D” felony if the person has
12previously been convicted of committing animal abandonment
13pursuant to this section, animal abuse pursuant to section
14717B.2, animal neglect pursuant to section 717B.3, animal
15torture pursuant to section 717B.3A, animal endangerment
16pursuant to section 717B.3C, injury to or interference with
17a police service dog pursuant to section 717B.9, bestiality
18pursuant to section 717C.1, or an act involving a contest event
19prohibited in section 717D.2.
206. This section does not apply to a person who relinquishes
21custody of a cat at a location described in subsection 1, if
22previously the person had taken custody of the cat at the same
23location and provided for its sterilization by a licensed
24veterinarian practicing veterinary medicine pursuant to chapter
25169.
26 Sec. 7. NEW SECTION. 717B.3C Animal endangerment —
27penalties.
281. A person commits animal endangerment when the person
29confines an animal in a stationary motor vehicle in a manner
30that endangers the health or life of the animal by exposing the
31animal to a prolonged period of extreme interior temperature or
32a long period without adequate ventilation.
332. A person who commits animal endangerment that does
34not cause injury or death to an animal is guilty of a simple
35misdemeanor.
-8- 13. A person who commits animal endangerment that causes
2injury other than serious injury or death to an animal is
3guilty of a serious misdemeanor.
44. A person who commits animal endangerment that causes
5serious injury or death to an animal is guilty of an aggravated
6misdemeanor.
75. Notwithstanding subsection 4, a person who commits
8animal endangerment that causes serious injury to an animal
9is guilty of a class “D” felony if the person has previously
10been convicted of committing animal endangerment pursuant to
11this section, animal abuse pursuant to section 717B.2, animal
12neglect pursuant to section 717B.3, animal torture pursuant
13to section 717B.3A, animal abandonment pursuant to section
14717B.3B, injury to or interference with a police service dog
15pursuant to section 717B.9, bestiality pursuant to section
16717C.1, or an act involving a contest event prohibited in
17section 717D.2.
18 Sec. 8. NEW SECTION. 717B.3D Animal mistreatment — court
19order — evaluation and treatment.
201. At the time of a person’s conviction for a public
21offense committed under this chapter, a court may enter an
22order requiring the person to undergo a psychological or
23psychiatric evaluation and to undergo any treatment that the
24court determines to be appropriate after due consideration of
25the evaluation. However, the court shall enter such an order
26if the convicted person is any of the following:
27a. A juvenile.
28b. An adult committing animal abuse pursuant to section
29717B.2, animal neglect punishable as an aggravated misdemeanor
30or class “D” felony pursuant to section 717B.3, animal torture
31pursuant to section 717B.3A, animal abandonment pursuant to
32section 717B.3B, or animal endangerment pursuant to section
33717B.3C.
342. The costs of undergoing a psychological or psychiatric
35evaluation and undergoing any treatment ordered by the court
-9-1shall be borne by the convicted person, unless the person is
2a juvenile.
33. An order made under this section is in addition to any
4other order or sentence of the court.
54. Any violation of the court order shall be punished as
6contempt of court pursuant to chapter 665.
7 Sec. 9. NEW SECTION. 717B.3E Animal mistreatment —
8sentencing order — prohibitions.
91. At the time of a person’s sentencing for a public offense
10committed under this chapter, a court may prohibit the person
11from owning or obtaining custody of an animal or residing in
12the same dwelling where an animal is kept. The period of the
13prohibition shall be not less than three years.
142. Notwithstanding subsection 1, the court shall enter such
15an order if the convicted person has committed animal abuse
16punishable as an aggravated misdemeanor or class “D” felony
17pursuant to section 717B.2, animal neglect punishable as an
18aggravated misdemeanor or class “D” felony pursuant to section
19717B.3, animal torture pursuant to section 717B.3A, animal
20abandonment punishable as an aggravated misdemeanor or class
21“D” felony pursuant to section 717B.3B, or animal endangerment
22punishable as an aggravated misdemeanor or class “D” felony
23pursuant to section 717B.3C. The period of such prohibition
24shall be not less than ten years.
253. The duration of a prohibition described in this
26section commences on the date that the person is placed on
27probation, released on parole or work release, or released from
28incarceration or from placement in a juvenile facility.
294. An order made pursuant to this section is in addition to
30any other order or sentence of the court.
315. Any violation of the court order described in this
32section is a public offense and shall be punished as a simple
33misdemeanor.
34 Sec. 10. NEW SECTION. 717B.5A Rescue — motor vehicles.
351. A law enforcement officer or animal control officer may
-10-1rescue an animal from a stationary motor vehicle, including
2through the use of forced entrance, if the law enforcement
3officer or animal control officer reasonably believes that the
4animal may be suffering distress due to exposure to extreme
5interior temperature or a lack of adequate ventilation. The
6law enforcement officer’s or animal control officer’s action
7is justified regardless of whether the law enforcement officer
8or animal control officer observed indications of distress
9or whether the person could be charged with or convicted of
10committing a public offense.
112. The law enforcement officer or animal control officer
12shall provide written notice of the rescue to the animal’s
13responsible party. This requirement is satisfied by placing
14the notice in a conspicuous place located within the motor
15vehicle. The notice must state where the rescued animal may
16be claimed.
173. The local authority shall provide for the maintenance
18of the rescued animal as if it were a threatened animal under
19section 717B.5. However, a dispositional proceeding under
20section 717B.4 is not required if within ten days after the
21date of the animal’s rescue the responsible party claims the
22animal from the local authority. In order to claim the animal,
23the responsible party must reimburse the local authority for
24all reasonable costs that accrued from rescuing and maintaining
25the animal.
26 Sec. 11. REPEAL. Section 717B.8, Code 2018, is repealed.
27 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection
283, shall not apply to this Act.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32GENERAL. This bill amends Code chapter 717B prohibiting
33the mistreatment of certain animals, including dogs and cats,
34but excluding other animals such as livestock (Code chapter
35717); game, fur-bearing animals, fish, reptiles, or amphibians
-11-1(Code chapter 481A), unless such animal is owned, confined,
2or controlled by a person; or a nongame animal declared to be
3a nuisance by the natural resource commission (Code section
4481A.42).
5The bill amends three different criminal offenses in Code
6chapter 717B, including animal abuse (Code section 717B.2),
7animal neglect (Code section 717B.3), and animal torture (Code
8section 717B.3A). The bill creates two new criminal offenses
9including animal abandonment (new Code section 717B.3B) and
10animal endangerment (new Code section 717B.3C). Under the
11bill, each of the offenses includes an enhanced penalty that
12applies to a convicted person who has previously committed any
13of the named offenses; committed injury or interference with a
14police service dog (Code section 717B.9); committed bestiality
15(Code section 717C.1); or committed an offense involving an
16animal contest (Code section 717D.4).
17TYPES OF CRIMINAL OFFENSES — ABUSE. Animal abuse involves
18intentionally injuring an animal by violence or poisoning. The
19bill replaces the intent element with that of acting knowingly
20or recklessly. It also removes a provision that exempted
21a person who acted with the consent of the animal’s owner.
22The bill reduces the penalty from an aggravated to a serious
23misdemeanor for committing animal abuse that does not cause
24an animal serious injury or death and retains the penalty of
25aggravated misdemeanor for committing animal abuse that causes
26an animal serious injury or death. The bill provides that the
27aggravated misdemeanor may be enhanced to a class “D” felony
28if the person was previously convicted of one of the named
29offenses.
30TYPES OF CRIMINAL OFFENSES — NEGLECT. Animal neglect
31involves failing to provide an animal with adequate food,
32water, or shelter, or torturing the animal. The bill rewrites
33these requirements by requiring that an animal be furnished
34with adequate supplies of nutritional food, access to potable
35water, adequate sanitary conditions, ventilated shelter
-12-1sufficient to provide the animal with protection from extreme
2weather conditions, and necessary veterinary care. The bill
3eliminates the torture prohibition. The bill retains the
4criminal penalty which is a simple misdemeanor. However, the
5penalty is increased to a serious misdemeanor if the animal
6suffers an injury and to an aggravated misdemeanor if the
7animal suffers a serious injury or death. In a case where
8the animal suffers a serious injury or death, the aggravated
9misdemeanor may be enhanced to a class “D” felony if the person
10was previously convicted of one of the named offenses.
11TYPES OF CRIMINAL OFFENSES — TORTURE. Animal torture
12involves inflicting upon an animal severe physical pain with
13depraved or sadistic intent to cause prolonged suffering or
14death. The bill eliminates the element of intent and requires
15that the act involve prolonged or repeated physical pain that
16results in prolonged suffering and serious injury or death.
17The bill replaces the current penalties for animal torture. A
18person is no longer guilty of an aggravated misdemeanor for
19the first offense and a class “D” felony for a subsequent
20offense. Instead, a person is guilty of a class “D” felony,
21which is enhanced to a class “C” felony if the person was
22previously convicted of one of the named offenses. The bill
23also eliminates a requirement that a person convicted of animal
24torture must submit to psychological evaluation and treatment.
25TYPES OF CRIMINAL OFFENSES — ABANDONMENT. Animal
26abandonment involves knowingly or recklessly relinquishing
27custody of an animal at a location in which the person does
28not hold a legal or equitable interest. There are exceptions
29in cases of transferring ownership or custody or making
30arrangements for the care of the animal. There is also an
31exception for a person who removes a cat from a location
32and returns the cat to the same location after it has been
33sterilized. The criminal penalty is a simple misdemeanor.
34However, the penalty is increased to a serious misdemeanor if
35the animal suffers an injury and to an aggravated misdemeanor
-13-1if the animal suffers a serious injury or death. In a case
2where the animal suffers a serious injury or death, the
3aggravated misdemeanor may be enhanced to a class “D” felony
4if the person was previously convicted of one of the named
5offenses.
6TYPES OF CRIMINAL OFFENSES — ENDANGERMENT. Animal
7endangerment involves confining an animal in a stationary motor
8vehicle in a manner that exposes the animal to a prolonged
9period of extreme interior temperature or a long period
10without adequate ventilation. The criminal penalty is a
11simple misdemeanor. However, the penalty is increased to a
12serious misdemeanor if the animal suffers an injury and to an
13aggravated misdemeanor if the animal suffers a serious injury
14or death. In a case where the animal suffers a serious injury
15or death, the aggravated misdemeanor may be enhanced to a class
16“D” felony if the person was previously convicted of one of the
17named offenses.
18APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
19as follows: (1) simple misdemeanor, confinement for no more
20than 30 days or a fine of at least $65 but not more than $625 or
21by both; (2) serious misdemeanor, confinement for no more than
22one year and a fine of at least $315 but not more than $1,875;
23(3) aggravated misdemeanor, confinement for no more than two
24years and a fine of at least $625 but not more than $6,250; (4)
25class “D” felony, confinement for no more than five years and a
26fine of at least $750 but not more than $7,500; and (5) class
27“C” felony, confinement for no more than 10 years and a fine of
28at least $1,000 but not more than $10,000.
29COURT ORDERS. At the time of conviction for committing
30any of the offenses, a person may be subject to a court order
31requiring a psychological or psychiatric evaluation and
32treatment. The person may also be subject to a court order
33prohibiting the person from owning, possessing, or living with
34an animal. In each case, the court’s decision to issue an
35order is discretionary except under certain conditions. A
-14-1court order requiring an evaluation and treatment is mandatory
2for juveniles. That order and the order prohibiting contact
3with animals is also mandatory if the offense is punishable as
4an aggravated misdemeanor or felony. For a discretionary court
5order, the period of prohibition is for not less than three
6years. For a mandatory court order, the period of prohibition
7is not less than 10 years.
8ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS — AND
9LOCAL ANIMAL CONTROL OFFICERS. The bill provides that a law
10enforcement officer (e.g., county sheriff or deputy sheriff)
11or an animal control officer (a person employed by local
12government to enforce the animal control laws) is authorized to
13rescue an animal from a motor vehicle based upon a reasonable
14belief that the animal may be suffering distress. The officer
15must provide a written notice of the rescue. After the rescue,
16the animal must be maintained as a rescued animal by the local
17authority until it is claimed or disposed of pursuant to court
18order.
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