Print
House File 2468 - 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. 3A. “Convicted” means entry of a judgment
4of conviction under chapter 901 or adjudicated delinquent for
5an act which is an indictable offense in this state or in
6another state under chapter 232. “Convicted” does not mean a
7plea, sentence, adjudication, deferred sentence, or deferred
8judgment which has been reversed or otherwise set aside.
9 NEW SUBSECTION. 4A. “Euthanasia” means the same as defined
10in section 162.2.
11 NEW SUBSECTION. 4B. “Injury” means a serious or permanent
12functional impairment to an animal’s health or functions,
13including physical damage or harm to an animal’s muscle,
14tissue, organs, bones, hide, or skin, protracted disfigurement
15or permanent impairment of health, or protracted loss or
16impairment of the function of a limb or organ.
17 Sec. 2. Section 717B.2, Code 2018, is amended to read as
18follows:
19717B.2 Animal abuse — penalties.
201. A person is guilty of animal abuse if the person
21intentionally injures, maims, disfigures, or destroys an animal
22owned by another person, in any manner, including intentionally
23poisoning the animal commits animal abuse when the person
24knowingly or recklessly causes injury or death to an animal by
25force, violence, or poisoning. A person guilty of animal abuse
26is guilty of an aggravated misdemeanor.
272. This section shall not apply to conduct engaged in by any
28of the following:
291. A person acting with the consent of the person owning
30the animal, unless the action constitutes animal neglect as
31provided in section 717B.3.
32a. An animal owner or a person acting with the consent of
33the animal owner who euthanizes an animal that is of such age
34or condition that natural death is imminent or expected in the
35near future.
-1- 12. b. A person acting to carry out an order issued by a
2court.
33. c. A licensed veterinarian practicing veterinary
4medicine as provided in chapter 169.
54. d. A person acting in order to carry out another
6provision of law which allows the conduct.
75. e. A person taking, hunting, trapping, or fishing for a
8wild animal as provided in chapter 481A.
96. f. A person acting to protect the person’s property from
10a wild animal as defined in section 481A.1.
117. g. A person acting to protect a person from injury or
12death caused by a wild animal as defined in section 481A.1.
138. h. A person reasonably acting to protect the person’s
14property from damage caused by an unconfined animal.
159. i. A person reasonably acting to protect a person from
16injury or death caused by an unconfined animal.
1710. j. A local authority reasonably acting to destroy an
18animal, if at the time of the destruction, the owner of the
19animal is absent or unable to care for the animal, and the
20animal is permanently distressed by disease or injury to a
21degree that would result in severe and prolonged suffering.
2211. k. A research facility, as defined in section 162.2,
23provided that the research facility performs functions within
24the scope of accepted practices and disciplines associated with
25the research facility.
263. A person who commits animal abuse that causes injury to
27an animal is guilty of a serious misdemeanor.
284. A person who commits animal abuse that causes death to an
29animal is guilty of an aggravated misdemeanor.
305. Notwithstanding subsection 4, a person who commits
31animal abuse that causes death to an animal is guilty of a
32class “D” felony if the person has previously been convicted
33of committing animal abuse pursuant to this section, animal
34neglect pursuant to section 717B.3, animal torture pursuant
35to section 717B.3A, injury to or interference with a police
-2-1service dog pursuant to section 717B.9, bestiality pursuant to
2section 717C.1, or an act involving a contest event prohibited
3in section 717D.2.
4 Sec. 3. Section 717B.3, Code 2018, is amended to read as
5follows:
6717B.3 Animal neglect — penalties.
71. A person who impounds or commits animal neglect when
8the person owns or has custody of an animal, confines, in any
9place, an that animal, is guilty of animal neglect if the
10person does any of the following:
11a. Fails and knowingly or recklessly fails to supply the
12animal during confinement with a sufficient quantity of food or
13water. provide the animal with any of the following:
14a. Access to food in an amount and quality reasonably
15sufficient to satisfy the animal’s basic nutrition level to the
16extent that the animal’s health or life is endangered.
17b. Fails to provide a confined dog or cat with adequate
18shelter. Access to a supply of potable water in an amount
19reasonably sufficient to satisfy the animal’s basic hydration
20level to the extent that the animal’s health or life is
21endangered. Access to snow or ice does not satisfy this
22requirement.
23c. Tortures, deprives of necessary sustenance, mutilates,
24beats, or kills an animal by any means which causes unjustified
25pain, distress, or suffering. Sanitary conditions free from
26excessive animal waste or the overcrowding of animals to the
27extent that the animal’s health or life is endangered.
28d. Ventilated shelter reasonably sufficient to provide
29adequate protection from the elements and weather conditions
30suitable for the age, species, and physical condition of the
31animal so as to maintain the animal in a state of good health
32to the extent that the animal’s health or life is endangered.
33The shelter must protect the animal from wind, rain, snow, or
34sun and have adequate bedding to provide reasonable protection
35against cold and dampness. A shelter may include a residence,
-3-1garage, barn, shed, or doghouse.
2e. (1) Veterinary care deemed reasonably necessary to
3relieve an animal’s distress from any of the following:
4(a) A condition caused by failing to provide for the
5animal’s welfare as described in paragraphs “a” through “d”.
6(b) An injury or serious illness suffered by the animal
7causing the animal to suffer prolonged pain and suffering.
8(2) This paragraph “e” does not apply to an animal for which
9the cost of such veterinary care is not reasonably affordable
10by the animal’s owner, so long as the animal’s owner makes
11appropriate and reasonable arrangements to transfer ownership
12and possession of the animal to a person who agrees to provide
13such care, or the animal’s owner euthanizes the animal if
14the animal suffers from a terminal illness or injury or is
15sufficiently injured or ill and no reasonable probability
16exists that reasonable veterinary care will alleviate the
17injury or illness.
182. This section does not apply to conduct engaged in by a
19research facility, as defined in section 162.2, provided that
20 if the research facility performs functions within the scope of
21accepted practices and disciplines associated with the research
22facility.
233. A person who negligently or intentionally commits the
24offense of animal neglect that does not cause injury or death
25to an animal is guilty of a simple misdemeanor. A person who
26intentionally commits the offense of animal neglect which
27results in serious injury to or the death of an animal is
28guilty of a serious misdemeanor.
294. A person who commits animal neglect that causes injury to
30an animal is guilty of a serious misdemeanor.
315. A person who commits animal neglect which causes death to
32an animal is guilty of an aggravated misdemeanor.
336. Notwithstanding subsection 5, a person who commits
34animal neglect which causes injury or death to an animal is
35guilty of a class “D” felony if the person has been previously
-4-1convicted of animal abuse pursuant to section 717B.2, animal
2neglect pursuant to this section, animal torture pursuant
3to section 717B.3A, injury to or interference with a police
4service dog pursuant to section 717B.9, bestiality pursuant to
5section 717C.1, or an act involving a contest event prohibited
6in section 717D.2.
7 Sec. 4. Section 717B.3A, Code 2018, is amended to read as
8follows:
9717B.3A Animal torture — penalties.
101. A person is guilty of animal torture, regardless of
11whether the person is the owner of the animal, if when the
12person inflicts upon the animal severe and prolonged or
13repeated physical pain with a depraved or sadistic intent
14to cause that results in the animal’s prolonged or repeated
15 suffering and injury, or death.
162. This section shall not apply to conduct engaged in by any
17of the following:
18a. A person acting to carry out an order issued by a court.
19b. A licensed veterinarian practicing veterinary medicine as
20provided in chapter 169.
21c. A person carrying out a practice that is consistent with
22animal husbandry practices.
23d. A person acting in order to carry out another provision
24of law which allows the conduct.
25e. A person taking, hunting, trapping, or fishing for a wild
26animal as provided in chapter 481A.
27f. A person acting to protect the person’s property from a
28wild animal as defined in section 481A.1.
29g. A person acting to protect a person from injury or death
30caused by a wild animal as defined in section 481A.1.
31h. A person reasonably acting to protect the person’s
32property from damage caused by an unconfined animal.
33i. A person reasonably acting to protect a person from
34injury or death caused by an unconfined animal.
35j. A local authority reasonably acting to destroy an animal,
-5-1if at the time of the destruction, the owner of the animal is
2absent or unable to care for the animal, and the animal is
3permanently distressed by disease or injury to a degree that
4would result in severe and prolonged suffering.
5k. 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. The following shall apply to a person who commits
10animal torture:
11(1) For the first conviction, the person is guilty of an
12aggravated misdemeanor. The sentencing order shall provide
13that the person submit to psychological evaluation and
14treatment according to terms required by the court. The costs
15of the evaluation and treatment shall be paid by the person.
16In addition, the sentencing order shall provide that the person
17complete a community work requirement, which may include a work
18requirement performed at an animal shelter or pound, as defined
19in section 162.2, according to terms required by the court.
20(2) For a second or subsequent conviction, the person is
21guilty of a class “D” felony. The sentencing order shall
22provide that the person submit to psychological evaluation and
23treatment according to terms required by the court. The costs
24of the psychological evaluation and treatment shall be paid by
25the person.
26b. The juvenile court shall have exclusive original
27jurisdiction in a proceeding concerning a child who is alleged
28to have committed animal torture, in the manner provided in
29section 232.8. The juvenile court shall not waive jurisdiction
30in a proceeding concerning an offense alleged to have been
31committed by a child under the age of seventeen.
324. A person who commits animal torture is guilty of an
33aggravated misdemeanor, provided, however, that the person
34has not been previously convicted of committing animal abuse
35pursuant to section 717B.2, animal neglect pursuant to section
-6-1717B.3, or animal torture pursuant to this section.
25. Notwithstanding subsection 4, a person who commits
3animal torture is guilty of a class “D” felony if the person
4has previously been convicted of committing animal abuse
5pursuant to section 717B.2, animal neglect pursuant to section
6717B.3, animal torture pursuant to this section, injury to or
7interference with a police service dog pursuant to section
8717B.9, bestiality pursuant to section 717C.1, or an act
9involving a contest event prohibited in section 717D.2.
10 Sec. 5. NEW SECTION. 717B.3B Animal mistreatment — court
11order — evaluation and treatment.
121. At the time of a person’s conviction for animal abuse
13pursuant to section 717B.2 or animal torture pursuant to
14section 717B.3A, a court may enter an order requiring the
15person to undergo a psychological or psychiatric evaluation
16and to undergo any treatment that the court determines to
17be appropriate after due consideration of the evaluation.
18However, the court shall enter such an order if the convicted
19person is any of the following:
20a. A juvenile.
21b. An adult committing animal abuse pursuant to section
22717B.2 or animal torture pursuant to section 717B.3A.
232. The costs of undergoing a psychological or psychiatric
24evaluation and undergoing any treatment ordered by the court
25shall be borne by the convicted person, unless the person is
26a juvenile.
273. An order made under this section is in addition to any
28other order or sentence of the court.
294. Any violation of the court order shall be punished as
30contempt of court pursuant to chapter 665.
31 Sec. 6. NEW SECTION. 717B.3C Animal mistreatment —
32sentencing order — prohibitions.
331. At the time of a person’s sentencing for a public offense
34committed under this chapter, a court may prohibit the person
35from owning or obtaining custody of an animal or residing in
-7-1the same dwelling where an animal is kept. The period of the
2prohibition shall be not less than one year.
32. Notwithstanding subsection 1, the court shall enter
4such an order if the convicted person has committed animal
5abuse pursuant to section 717B.2 or animal torture pursuant to
6section 717B.3A. The period of such prohibition shall be not
7less than five years.
83. The duration of a prohibition described in this
9section commences on the date that the person is placed on
10probation, released on parole or work release, or released from
11incarceration or from placement in a juvenile facility.
124. An order made pursuant to this section is in addition to
13any other order or sentence of the court.
145. Any violation of the court order described in this
15section is a public offense and shall be punished as a simple
16misdemeanor.
17 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection
183, shall not apply to this Act.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill amends Code chapter 717B prohibiting
23the mistreatment of certain animals, including dogs and cats,
24but excluding other animals such as livestock (Code chapter
25717); game, fur-bearing animals, fish, reptiles, or amphibians
26(Code chapter 481A), unless such animal is owned, confined,
27or controlled by a person; or a nongame animal declared to be
28a nuisance by the natural resource commission (Code section
29481A.42).
30NAMED OFFENSES. The bill amends three different criminal
31offenses in Code chapter 717B, animal abuse (Code section
32717B.2), animal neglect (Code section 717B.3), and animal
33torture (Code section 717B.3A). Under the bill, each of
34the offenses includes an enhanced penalty that applies to a
35convicted person who has previously committed any of the three
-8-1offenses. The enhanced penalty also applies if the convicted
2person previously committed three other named offenses: injury
3to or interference with a police service dog (Code section
4717B.9); bestiality (Code section 717C.1); or an act involving
5an animal contest (Code section 717D.2).
6THREATENED ANIMALS — RESCUE. Currently, a local law
7enforcement officer and local authority may rescue an animal
8if there is cause to believe that an animal is threatened with
9abuse, neglect, or torture as these offenses have been amended
10(Code sections 717B.2 and 717B.5). The bill has revised
11the elements or exceptions for each of those offenses (Code
12sections 717B.2, 717B.3, and 717B.3A).
13CRIMINAL OFFENSES — ABUSE. Currently, animal abuse
14involves intentionally injuring an animal by violence or
15poisoning. The bill replaces the intent element with that of
16acting knowingly or recklessly. It also removes a provision
17that exempted a person who acted with the consent of the
18animal’s owner. A new exception applies to a person who
19euthanizes an animal due to age or condition. The bill reduces
20the penalty from an aggravated to a serious misdemeanor for
21committing animal abuse that causes injury and retains the
22penalty of aggravated misdemeanor for committing animal abuse
23that causes death. The bill provides that the aggravated
24misdemeanor is enhanced to a class “D” felony if the person was
25previously convicted of one of the named offenses.
26CRIMINAL OFFENSES — NEGLECT. Currently, animal neglect
27involves failing to provide an animal with adequate food,
28water, or shelter, or torturing the animal. The bill rewrites
29these requirements by requiring that an animal be furnished
30with a number of items including adequate supplies of
31nutritional food, access to potable water, adequate sanitary
32conditions, ventilated shelter sufficient to provide the
33animal with protection from extreme weather conditions, and,
34subject to certain exceptions, necessary veterinary care.
35The bill requires that a person must knowingly or recklessly
-9-1fail to provide an animal with any of these items. The bill
2eliminates the torture element. The bill retains the criminal
3penalty which is a simple misdemeanor. However, the penalty is
4increased to a serious misdemeanor if the offense causes injury
5and to an aggravated misdemeanor if the neglect causes death.
6In a case where the animal is injured or dies, the aggravated
7misdemeanor is enhanced to a class “D” felony if the person was
8previously convicted of one of the named offenses.
9CRIMINAL OFFENSES — TORTURE. Currently, animal torture
10involves inflicting upon an animal severe physical pain with
11depraved or sadistic intent to cause prolonged suffering or
12death. The bill eliminates the element of intent and requires
13that the act involve prolonged or repeated physical pain that
14results in prolonged or repeated suffering and injury or death.
15The bill replaces the current penalties for animal torture. A
16person is no longer guilty of an aggravated misdemeanor for the
17first offense and a class “D” felony for a subsequent offense.
18Instead, a person is guilty of an aggravated misdemeanor,
19which is enhanced to a class “D” felony if the person was
20previously convicted of one of the named offenses. The bill
21also eliminates a requirement that a person convicted of animal
22torture must submit to psychological evaluation and treatment
23which is addressed in another part of the bill.
24COURT ORDERS. The bill provides at the time of conviction
25for committing animal abuse or animal torture, that a person
26may be subject to a court order requiring a psychological or
27psychiatric evaluation and treatment. A person convicted of
28animal abuse, animal neglect, or animal torture may also be
29subject to a court order prohibiting the person from owning,
30possessing, or living with an animal. A person who violates a
31court order is guilty of a simple misdemeanor.
32STATE MANDATE. Currently, if a threatened animal is rescued
33by a local law enforcement officer and local authority, the
34local authority must provide for the animal’s maintenance until
35the matter’s disposition (Code sections 717B.5 and 717B.4).
-10- 1APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
2as follows: (1) simple misdemeanor, confinement for no more
3than 30 days or a fine of at least $65 but not more than $625 or
4by both; (2) serious misdemeanor, confinement for no more than
5one year and a fine of at least $315 but not more than $1,875;
6(3) aggravated misdemeanor, confinement for no more than two
7years and a fine of at least $625 but not more than $6,250; and
8(4) class “D” felony, confinement for no more than five years
9and a fine of at least $750 but not more than $7,500.
-11-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. 3A. “Convicted” means entry of a judgment
4of conviction under chapter 901 or adjudicated delinquent for
5an act which is an indictable offense in this state or in
6another state under chapter 232. “Convicted” does not mean a
7plea, sentence, adjudication, deferred sentence, or deferred
8judgment which has been reversed or otherwise set aside.
9 NEW SUBSECTION. 4A. “Euthanasia” means the same as defined
10in section 162.2.
11 NEW SUBSECTION. 4B. “Injury” means a serious or permanent
12functional impairment to an animal’s health or functions,
13including physical damage or harm to an animal’s muscle,
14tissue, organs, bones, hide, or skin, protracted disfigurement
15or permanent impairment of health, or protracted loss or
16impairment of the function of a limb or organ.
17 Sec. 2. Section 717B.2, Code 2018, is amended to read as
18follows:
19717B.2 Animal abuse — penalties.
201. A person is guilty of animal abuse if the person
21intentionally injures, maims, disfigures, or destroys an animal
22owned by another person, in any manner, including intentionally
23poisoning the animal commits animal abuse when the person
24knowingly or recklessly causes injury or death to an animal by
25force, violence, or poisoning. A person guilty of animal abuse
26is guilty of an aggravated misdemeanor.
272. This section shall not apply to conduct engaged in by any
28of the following:
291. A person acting with the consent of the person owning
30the animal, unless the action constitutes animal neglect as
31provided in section 717B.3.
32a. An animal owner or a person acting with the consent of
33the animal owner who euthanizes an animal that is of such age
34or condition that natural death is imminent or expected in the
35near future.
-1- 12. b. A person acting to carry out an order issued by a
2court.
33. c. A licensed veterinarian practicing veterinary
4medicine as provided in chapter 169.
54. d. A person acting in order to carry out another
6provision of law which allows the conduct.
75. e. A person taking, hunting, trapping, or fishing for a
8wild animal as provided in chapter 481A.
96. f. A person acting to protect the person’s property from
10a wild animal as defined in section 481A.1.
117. g. A person acting to protect a person from injury or
12death caused by a wild animal as defined in section 481A.1.
138. h. A person reasonably acting to protect the person’s
14property from damage caused by an unconfined animal.
159. i. A person reasonably acting to protect a person from
16injury or death caused by an unconfined animal.
1710. j. A local authority reasonably acting to destroy an
18animal, if at the time of the destruction, the owner of the
19animal is absent or unable to care for the animal, and the
20animal is permanently distressed by disease or injury to a
21degree that would result in severe and prolonged suffering.
2211. k. A research facility, as defined in section 162.2,
23provided that the research facility performs functions within
24the scope of accepted practices and disciplines associated with
25the research facility.
263. A person who commits animal abuse that causes injury to
27an animal is guilty of a serious misdemeanor.
284. A person who commits animal abuse that causes death to an
29animal is guilty of an aggravated misdemeanor.
305. Notwithstanding subsection 4, a person who commits
31animal abuse that causes death to an animal is guilty of a
32class “D” felony if the person has previously been convicted
33of committing animal abuse pursuant to this section, animal
34neglect pursuant to section 717B.3, animal torture pursuant
35to section 717B.3A, injury to or interference with a police
-2-1service dog pursuant to section 717B.9, bestiality pursuant to
2section 717C.1, or an act involving a contest event prohibited
3in section 717D.2.
4 Sec. 3. Section 717B.3, Code 2018, is amended to read as
5follows:
6717B.3 Animal neglect — penalties.
71. A person who impounds or commits animal neglect when
8the person owns or has custody of an animal, confines, in any
9place, an that animal, is guilty of animal neglect if the
10person does any of the following:
11a. Fails and knowingly or recklessly fails to supply the
12animal during confinement with a sufficient quantity of food or
13water. provide the animal with any of the following:
14a. Access to food in an amount and quality reasonably
15sufficient to satisfy the animal’s basic nutrition level to the
16extent that the animal’s health or life is endangered.
17b. Fails to provide a confined dog or cat with adequate
18shelter. Access to a supply of potable water in an amount
19reasonably sufficient to satisfy the animal’s basic hydration
20level to the extent that the animal’s health or life is
21endangered. Access to snow or ice does not satisfy this
22requirement.
23c. Tortures, deprives of necessary sustenance, mutilates,
24beats, or kills an animal by any means which causes unjustified
25pain, distress, or suffering. Sanitary conditions free from
26excessive animal waste or the overcrowding of animals to the
27extent that the animal’s health or life is endangered.
28d. Ventilated shelter reasonably sufficient to provide
29adequate protection from the elements and weather conditions
30suitable for the age, species, and physical condition of the
31animal so as to maintain the animal in a state of good health
32to the extent that the animal’s health or life is endangered.
33The shelter must protect the animal from wind, rain, snow, or
34sun and have adequate bedding to provide reasonable protection
35against cold and dampness. A shelter may include a residence,
-3-1garage, barn, shed, or doghouse.
2e. (1) Veterinary care deemed reasonably necessary to
3relieve an animal’s distress from any of the following:
4(a) A condition caused by failing to provide for the
5animal’s welfare as described in paragraphs “a” through “d”.
6(b) An injury or serious illness suffered by the animal
7causing the animal to suffer prolonged pain and suffering.
8(2) This paragraph “e” does not apply to an animal for which
9the cost of such veterinary care is not reasonably affordable
10by the animal’s owner, so long as the animal’s owner makes
11appropriate and reasonable arrangements to transfer ownership
12and possession of the animal to a person who agrees to provide
13such care, or the animal’s owner euthanizes the animal if
14the animal suffers from a terminal illness or injury or is
15sufficiently injured or ill and no reasonable probability
16exists that reasonable veterinary care will alleviate the
17injury or illness.
182. This section does not apply to conduct engaged in by a
19research facility, as defined in section 162.2, provided that
20 if the research facility performs functions within the scope of
21accepted practices and disciplines associated with the research
22facility.
233. A person who negligently or intentionally commits the
24offense of animal neglect that does not cause injury or death
25to an animal is guilty of a simple misdemeanor. A person who
26intentionally commits the offense of animal neglect which
27results in serious injury to or the death of an animal is
28guilty of a serious misdemeanor.
294. A person who commits animal neglect that causes injury to
30an animal is guilty of a serious misdemeanor.
315. A person who commits animal neglect which causes death to
32an animal is guilty of an aggravated misdemeanor.
336. Notwithstanding subsection 5, a person who commits
34animal neglect which causes injury or death to an animal is
35guilty of a class “D” felony if the person has been previously
-4-1convicted of animal abuse pursuant to section 717B.2, animal
2neglect pursuant to this section, animal torture pursuant
3to section 717B.3A, injury to or interference with a police
4service dog pursuant to section 717B.9, bestiality pursuant to
5section 717C.1, or an act involving a contest event prohibited
6in section 717D.2.
7 Sec. 4. Section 717B.3A, Code 2018, is amended to read as
8follows:
9717B.3A Animal torture — penalties.
101. A person is guilty of animal torture, regardless of
11whether the person is the owner of the animal, if when the
12person inflicts upon the animal severe and prolonged or
13repeated physical pain with a depraved or sadistic intent
14to cause that results in the animal’s prolonged or repeated
15 suffering and injury, or death.
162. This section shall not apply to conduct engaged in by any
17of the following:
18a. A person acting to carry out an order issued by a court.
19b. A licensed veterinarian practicing veterinary medicine as
20provided in chapter 169.
21c. A person carrying out a practice that is consistent with
22animal husbandry practices.
23d. A person acting in order to carry out another provision
24of law which allows the conduct.
25e. A person taking, hunting, trapping, or fishing for a wild
26animal as provided in chapter 481A.
27f. A person acting to protect the person’s property from a
28wild animal as defined in section 481A.1.
29g. A person acting to protect a person from injury or death
30caused by a wild animal as defined in section 481A.1.
31h. A person reasonably acting to protect the person’s
32property from damage caused by an unconfined animal.
33i. A person reasonably acting to protect a person from
34injury or death caused by an unconfined animal.
35j. A local authority reasonably acting to destroy an animal,
-5-1if at the time of the destruction, the owner of the animal is
2absent or unable to care for the animal, and the animal is
3permanently distressed by disease or injury to a degree that
4would result in severe and prolonged suffering.
5k. 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. The following shall apply to a person who commits
10animal torture:
11(1) For the first conviction, the person is guilty of an
12aggravated misdemeanor. The sentencing order shall provide
13that the person submit to psychological evaluation and
14treatment according to terms required by the court. The costs
15of the evaluation and treatment shall be paid by the person.
16In addition, the sentencing order shall provide that the person
17complete a community work requirement, which may include a work
18requirement performed at an animal shelter or pound, as defined
19in section 162.2, according to terms required by the court.
20(2) For a second or subsequent conviction, the person is
21guilty of a class “D” felony. The sentencing order shall
22provide that the person submit to psychological evaluation and
23treatment according to terms required by the court. The costs
24of the psychological evaluation and treatment shall be paid by
25the person.
26b. The juvenile court shall have exclusive original
27jurisdiction in a proceeding concerning a child who is alleged
28to have committed animal torture, in the manner provided in
29section 232.8. The juvenile court shall not waive jurisdiction
30in a proceeding concerning an offense alleged to have been
31committed by a child under the age of seventeen.
324. A person who commits animal torture is guilty of an
33aggravated misdemeanor, provided, however, that the person
34has not been previously convicted of committing animal abuse
35pursuant to section 717B.2, animal neglect pursuant to section
-6-1717B.3, or animal torture pursuant to this section.
25. Notwithstanding subsection 4, a person who commits
3animal torture is guilty of a class “D” felony if the person
4has previously been convicted of committing animal abuse
5pursuant to section 717B.2, animal neglect pursuant to section
6717B.3, animal torture pursuant to this section, injury to or
7interference with a police service dog pursuant to section
8717B.9, bestiality pursuant to section 717C.1, or an act
9involving a contest event prohibited in section 717D.2.
10 Sec. 5. NEW SECTION. 717B.3B Animal mistreatment — court
11order — evaluation and treatment.
121. At the time of a person’s conviction for animal abuse
13pursuant to section 717B.2 or animal torture pursuant to
14section 717B.3A, a court may enter an order requiring the
15person to undergo a psychological or psychiatric evaluation
16and to undergo any treatment that the court determines to
17be appropriate after due consideration of the evaluation.
18However, the court shall enter such an order if the convicted
19person is any of the following:
20a. A juvenile.
21b. An adult committing animal abuse pursuant to section
22717B.2 or animal torture pursuant to section 717B.3A.
232. The costs of undergoing a psychological or psychiatric
24evaluation and undergoing any treatment ordered by the court
25shall be borne by the convicted person, unless the person is
26a juvenile.
273. An order made under this section is in addition to any
28other order or sentence of the court.
294. Any violation of the court order shall be punished as
30contempt of court pursuant to chapter 665.
31 Sec. 6. NEW SECTION. 717B.3C Animal mistreatment —
32sentencing order — prohibitions.
331. At the time of a person’s sentencing for a public offense
34committed under this chapter, a court may prohibit the person
35from owning or obtaining custody of an animal or residing in
-7-1the same dwelling where an animal is kept. The period of the
2prohibition shall be not less than one year.
32. Notwithstanding subsection 1, the court shall enter
4such an order if the convicted person has committed animal
5abuse pursuant to section 717B.2 or animal torture pursuant to
6section 717B.3A. The period of such prohibition shall be not
7less than five years.
83. The duration of a prohibition described in this
9section commences on the date that the person is placed on
10probation, released on parole or work release, or released from
11incarceration or from placement in a juvenile facility.
124. An order made pursuant to this section is in addition to
13any other order or sentence of the court.
145. Any violation of the court order described in this
15section is a public offense and shall be punished as a simple
16misdemeanor.
17 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection
183, shall not apply to this Act.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill amends Code chapter 717B prohibiting
23the mistreatment of certain animals, including dogs and cats,
24but excluding other animals such as livestock (Code chapter
25717); game, fur-bearing animals, fish, reptiles, or amphibians
26(Code chapter 481A), unless such animal is owned, confined,
27or controlled by a person; or a nongame animal declared to be
28a nuisance by the natural resource commission (Code section
29481A.42).
30NAMED OFFENSES. The bill amends three different criminal
31offenses in Code chapter 717B, animal abuse (Code section
32717B.2), animal neglect (Code section 717B.3), and animal
33torture (Code section 717B.3A). Under the bill, each of
34the offenses includes an enhanced penalty that applies to a
35convicted person who has previously committed any of the three
-8-1offenses. The enhanced penalty also applies if the convicted
2person previously committed three other named offenses: injury
3to or interference with a police service dog (Code section
4717B.9); bestiality (Code section 717C.1); or an act involving
5an animal contest (Code section 717D.2).
6THREATENED ANIMALS — RESCUE. Currently, a local law
7enforcement officer and local authority may rescue an animal
8if there is cause to believe that an animal is threatened with
9abuse, neglect, or torture as these offenses have been amended
10(Code sections 717B.2 and 717B.5). The bill has revised
11the elements or exceptions for each of those offenses (Code
12sections 717B.2, 717B.3, and 717B.3A).
13CRIMINAL OFFENSES — ABUSE. Currently, animal abuse
14involves intentionally injuring an animal by violence or
15poisoning. The bill replaces the intent element with that of
16acting knowingly or recklessly. It also removes a provision
17that exempted a person who acted with the consent of the
18animal’s owner. A new exception applies to a person who
19euthanizes an animal due to age or condition. The bill reduces
20the penalty from an aggravated to a serious misdemeanor for
21committing animal abuse that causes injury and retains the
22penalty of aggravated misdemeanor for committing animal abuse
23that causes death. The bill provides that the aggravated
24misdemeanor is enhanced to a class “D” felony if the person was
25previously convicted of one of the named offenses.
26CRIMINAL OFFENSES — NEGLECT. Currently, animal neglect
27involves failing to provide an animal with adequate food,
28water, or shelter, or torturing the animal. The bill rewrites
29these requirements by requiring that an animal be furnished
30with a number of items including adequate supplies of
31nutritional food, access to potable water, adequate sanitary
32conditions, ventilated shelter sufficient to provide the
33animal with protection from extreme weather conditions, and,
34subject to certain exceptions, necessary veterinary care.
35The bill requires that a person must knowingly or recklessly
-9-1fail to provide an animal with any of these items. The bill
2eliminates the torture element. The bill retains the criminal
3penalty which is a simple misdemeanor. However, the penalty is
4increased to a serious misdemeanor if the offense causes injury
5and to an aggravated misdemeanor if the neglect causes death.
6In a case where the animal is injured or dies, the aggravated
7misdemeanor is enhanced to a class “D” felony if the person was
8previously convicted of one of the named offenses.
9CRIMINAL OFFENSES — TORTURE. Currently, animal torture
10involves inflicting upon an animal severe physical pain with
11depraved or sadistic intent to cause prolonged suffering or
12death. The bill eliminates the element of intent and requires
13that the act involve prolonged or repeated physical pain that
14results in prolonged or repeated suffering and injury or death.
15The bill replaces the current penalties for animal torture. A
16person is no longer guilty of an aggravated misdemeanor for the
17first offense and a class “D” felony for a subsequent offense.
18Instead, a person is guilty of an aggravated misdemeanor,
19which is enhanced to a class “D” felony if the person was
20previously convicted of one of the named offenses. The bill
21also eliminates a requirement that a person convicted of animal
22torture must submit to psychological evaluation and treatment
23which is addressed in another part of the bill.
24COURT ORDERS. The bill provides at the time of conviction
25for committing animal abuse or animal torture, that a person
26may be subject to a court order requiring a psychological or
27psychiatric evaluation and treatment. A person convicted of
28animal abuse, animal neglect, or animal torture may also be
29subject to a court order prohibiting the person from owning,
30possessing, or living with an animal. A person who violates a
31court order is guilty of a simple misdemeanor.
32STATE MANDATE. Currently, if a threatened animal is rescued
33by a local law enforcement officer and local authority, the
34local authority must provide for the animal’s maintenance until
35the matter’s disposition (Code sections 717B.5 and 717B.4).
-10- 1APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
2as follows: (1) simple misdemeanor, confinement for no more
3than 30 days or a fine of at least $65 but not more than $625 or
4by both; (2) serious misdemeanor, confinement for no more than
5one year and a fine of at least $315 but not more than $1,875;
6(3) aggravated misdemeanor, confinement for no more than two
7years and a fine of at least $625 but not more than $6,250; and
8(4) class “D” felony, confinement for no more than five years
9and a fine of at least $750 but not more than $7,500.
-11-da/rj