Bill Text: IA HF2089 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the mistreatment of service dogs, including acts of interference or cruelty, and providing for penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-23 - Introduced, referred to Judiciary. H.J. 138. [HF2089 Detail]
Download: Iowa-2017-HF2089-Introduced.html
House File 2089 - Introduced HOUSE FILE BY VANDER LINDEN A BILL FOR 1 An Act prohibiting the mistreatment of service dogs, including 2 acts of interference or cruelty, and providing for 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5659YH (4) 87 da/rn PAG LIN 1 1 Section 1. Section 717B.1, subsection 5, Code 2018, is 1 2 amended to read as follows: 1 3 5. "Law enforcement officer" means a peace officer who 1 4 is a regularly employed member of a police force of a city 1 5 or county, including a sheriff, who is responsible for the 1 6 prevention and detection of crime and the enforcement of the 1 7 criminal laws of this state. 1 8 Sec. 2. Section 717B.1, Code 2018, is amended by adding the 1 9 following new subsections: 1 10 NEW SUBSECTION. 7A. "Peace officer" means the same as 1 11 defined in section 801.4. 1 12 NEW SUBSECTION. 8A. "Service dog" means the same as defined 1 13 in section 216C.11. 1 14 Sec. 3. NEW SECTION. 717B.10 Interference with a service 1 15 dog. 1 16 1. A person is guilty of interference with a service dog if 1 17 the person knowingly, and willfully or maliciously, torments, 1 18 strikes, or administers a nonpoisonous desensitizing substance 1 19 to the service dog without inflicting serious injury on the 1 20 service dog. 1 21 2. A person who commits interference with a service dog is 1 22 guilty of a serious misdemeanor. 1 23 3. Subsections 1 and 2 do not apply to any of the following: 1 24 a. A peace officer while performing an official duty. 1 25 b. A veterinarian licensed in this state while practicing 1 26 veterinary medicine as provided in chapter 169. 1 27 c. A person acting in justified self=defense or the 1 28 justified defense of another person or animal. 1 29 Sec. 4. NEW SECTION. 717B.11 Cruelty to a service dog. 1 30 1. A person is guilty of cruelty to a service dog if the 1 31 person knowingly, and willfully or maliciously, does any of the 1 32 following: 1 33 a. Tortures the service dog in a manner that causes the 1 34 service dog to suffer severe physical pain. 1 35 b. Injures the service dog in a manner that causes the 2 1 service dog to suffer any of the following: 2 2 (1) A permanent disfigurement or disability. 2 3 (2) Death. 2 4 c. Sets a trap or other device for the purpose of injuring 2 5 the service dog in a manner that would reasonably cause the 2 6 service dog to suffer any of the following: 2 7 (1) A permanent disfigurement or disability. 2 8 (2) Death. 2 9 d. Pays or agrees to pay another person a bounty to injure 2 10 the service dog which reasonably would cause the service dog 2 11 to suffer any of the following: 2 12 (1) A permanent disfigurement or disability. 2 13 (2) Death. 2 14 e. Administers poison, noxious fumes, or noxious gas to the 2 15 service dog. 2 16 2. A person who commits cruelty to a service dog is guilty 2 17 of a class "D" felony. 2 18 3. Subsections 1 and 2 do not apply to any of the following: 2 19 a. A peace officer while performing an official duty. 2 20 b. A veterinarian licensed in this state while practicing 2 21 veterinary medicine as provided in chapter 169. 2 22 c. A person acting in justified self=defense or the 2 23 justified defense of another person or animal. 2 24 EXPLANATION 2 25 The inclusion of this explanation does not constitute agreement with 2 26 the explanation's substance by the members of the general assembly. 2 27 GENERAL. This bill amends Code chapter 717B, which provides 2 28 for offenses relating to the mistreatment of certain animals, 2 29 by creating two new criminal offenses that relate to the 2 30 mistreatment of a service dog, which is defined as a dog 2 31 specially trained to assist a person with a disability (Code 2 32 section 216C.11). The first new offense is interference with a 2 33 service dog and the second new offense is cruelty to a service 2 34 dog. Generally, the elements, punishments, and exceptions 2 35 to each offense are similar to those in a current statute 3 1 that prohibits the mistreatment of a police service dog (Code 3 2 section 717B.9). 3 3 INTERFERENCE WITH A SERVICE DOG. The first offense 3 4 is committed by a person who knowingly, and willfully or 3 5 maliciously, torments, strikes, or administers a nonpoisonous 3 6 desensitizing substance to a service dog, without inflicting 3 7 serious injury. That person is guilty of a serious 3 8 misdemeanor. A number of exceptions apply including actions 3 9 by a peace officer, licensed veterinarian, or person acting 3 10 in justified self=defense or the justified defense of another 3 11 person. 3 12 CRUELTY TO A SERVICE DOG. The second offense is committed 3 13 by a person who knowingly, and willfully or maliciously, 3 14 mistreats or plans to mistreat the service dog by torture; the 3 15 infliction of an injury in a manner that permanently disfigures 3 16 or disables the service dog, or that causes the service dog's 3 17 death; setting a trap or paying a bounty in order to inflict 3 18 the same type of injury or death; or by administering a poison, 3 19 noxious fumes, or noxious gas to the service dog. A person who 3 20 commits the offense is guilty of a class "D" felony. The same 3 21 exceptions that apply to interference with a service dog apply 3 22 to this offense. 3 23 BACKGROUND == CURRENT PROVISIONS. Code chapter 717B 3 24 prohibits the mistreatment of certain animals, including 3 25 domesticated animals other than livestock (governed under Code 3 26 chapter 717). The Code chapter includes three offenses that 3 27 cover the mistreatment of animals other than a police service 3 28 dog including animal abuse that is punishable as an aggravated 3 29 misdemeanor (Code section 717B.2); animal neglect that is 3 30 punishable as a simple misdemeanor or serious misdemeanor if 3 31 the mistreatment results in an animal's injury or death (Code 3 32 section 717B.3); and animal torture that is punishable as an 3 33 aggravated misdemeanor for the first conviction and as a class 3 34 "D" felony for a subsequent conviction (Code section 717B.3A). 3 35 In the case of animal torture, the person convicted must also 4 1 undergo a psychological evaluation and treatment according to 4 2 the terms of a court order. 4 3 BACKGROUND == CRIMINAL PENALTIES. The Code chapter's 4 4 current offenses, and the bill's two new offenses, provide 4 5 for punishments as follows: (1) a simple misdemeanor is 4 6 punishable by confinement for no more than 30 days or a fine of 4 7 at least $65 but not more than $625 or by both, (2) a serious 4 8 misdemeanor is punishable by confinement for no more than one 4 9 year and a fine of at least $315 but not more than $1,875, (3) 4 10 an aggravated misdemeanor is punishable by confinement for 4 11 no more than two years and a fine of at least $625 but not 4 12 more than $6,250, and (4) a class "D" felony is punishable by 4 13 confinement for no more than five years and a fine of at least 4 14 $750 but not more than $7,500. LSB 5659YH (4) 87 da/rn
