Bill Text: IA HF2023 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act increasing penalties for criminal offenses involving certain types of animals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-06 - Passed subcommittee. [HF2023 Detail]
Download: Iowa-2013-HF2023-Introduced.html
House
File
2023
-
Introduced
HOUSE
FILE
2023
BY
KAUFMANN
A
BILL
FOR
An
Act
increasing
penalties
for
criminal
offenses
involving
1
certain
types
of
animals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5419YH
(3)
85
da/nh
H.F.
2023
Section
1.
Section
717B.3,
subsection
3,
Code
2014,
is
1
amended
to
read
as
follows:
2
3.
A
person
who
negligently
or
intentionally
commits
3
the
offense
of
animal
neglect
is
guilty
of
a
simple
serious
4
misdemeanor.
A
person
who
intentionally
commits
the
offense
of
5
animal
neglect
which
results
in
serious
injury
to
or
the
death
6
of
an
animal
is
guilty
of
a
serious
an
aggravated
misdemeanor.
7
Sec.
2.
Section
717B.3A,
subsection
3,
paragraph
a,
Code
8
2014,
is
amended
by
striking
the
paragraph
and
inserting
in
9
lieu
thereof
the
following:
10
a.
A
person
who
commits
animal
torture
is
guilty
of
a
class
11
“D”
felony.
The
sentencing
order
shall
provide
that
the
person
12
submit
to
psychological
evaluation
and
treatment
according
to
13
terms
required
by
the
court.
The
costs
of
the
psychological
14
evaluation
and
treatment
shall
be
paid
by
the
person.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
INCREASE
IN
CRIMINAL
PENALTIES
FOR
OFFENSES
INVOLVING
19
CERTAIN
ANIMALS.
This
bill
amends
provisions
in
Code
chapter
20
717B
to
increase
the
criminal
penalties
for
two
related
classes
21
of
offenses
involving
injuring
or
killing
an
animal.
“Animal”
22
is
defined
in
Code
section
717B.1
to
mean
a
nonhuman
vertebrate
23
other
than
livestock
which
is
governed
under
Code
chapter
717;
24
any
game,
fur-bearing
animal,
fish,
reptile,
or
amphibian
not
25
owned,
confined,
or
controlled
by
a
person;
or
any
nongame
26
species
declared
to
be
a
nuisance.
27
ANIMAL
NEGLECT.
The
bill
increases
the
criminal
penalty
28
for
the
offense
classified
as
animal
neglect.
The
general
29
penalty,
which
applies
regardless
of
whether
an
act
is
30
committed
negligently
or
intentionally,
is
increased
from
a
31
simple
misdemeanor
to
a
serious
misdemeanor.
An
enhanced
32
penalty,
which
applies
when
an
animal
is
seriously
injured
or
33
dies,
is
increased
from
a
serious
misdemeanor
to
an
aggravated
34
misdemeanor.
35
-1-
LSB
5419YH
(3)
85
da/nh
1/
2
H.F.
2023
A
person
commits
animal
neglect
by
failing
to
supply
the
1
animal
during
confinement
with
a
sufficient
quantity
of
food
or
2
water;
failing
to
provide
a
confined
dog
or
cat
with
adequate
3
shelter;
or
torturing,
depriving
of
necessary
sustenance,
4
mutilating,
beating,
or
killing
an
animal
by
any
means
which
5
causes
unjustified
pain,
distress,
or
suffering.
The
law
does
6
not
apply
to
a
research
facility,
provided
that
the
research
7
facility
performs
functions
within
the
scope
of
accepted
8
practices
and
disciplines
(Code
section
162.2).
9
ANIMAL
TORTURE.
The
bill
increases
the
criminal
penalty
10
for
animal
torture
from
an
aggravated
misdemeanor
to
a
class
11
“D”
felony
beginning
with
the
first
offense.
Currently,
12
a
person
is
subject
to
a
felony
only
after
committing
a
13
second
or
subsequent
offense.
The
bill
also
eliminates
a
14
requirement
that
a
guilty
person
committing
a
first
offense
15
complete
a
community
work
requirement,
which
may
be
performed
16
at
an
animal
shelter.
The
bill
does
not
modify
an
existing
17
provision
requiring
a
guilty
person
to
undergo
psychological
18
evaluation
and
treatment.
It
also
retains
a
provision
that
19
gives
the
juvenile
court
exclusive
original
jurisdiction
in
20
cases
involving
children,
and
precludes
the
juvenile
court
from
21
waiving
jurisdiction
in
a
proceeding
concerning
an
offense
22
alleged
to
have
been
committed
by
a
child
under
the
age
of
17.
23
CRIMINAL
PENALTIES.
A
simple
misdemeanor
is
punishable
by
24
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
25
$65
but
not
more
than
$625
or
by
both.
A
serious
misdemeanor
26
is
punishable
by
confinement
for
no
more
than
one
year
and
a
27
fine
of
at
least
$315
but
not
more
than
$1,875.
An
aggravated
28
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
29
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250.
A
30
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
31
five
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
32
-2-
LSB
5419YH
(3)
85
da/nh
2/
2
