Bill Text: IA SF129 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting the mistreatment of animals other than livestock and wild animals, providing reporting requirements, providing for criminal offenses, and including penalties.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-01-25 - Subcommittee: Shipley, Brown, and Taylor. S.J. 131. [SF129 Detail]

Download: Iowa-2017-SF129-Introduced.html

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Senate File 129 - Introduced




                                 SENATE FILE       
                                 BY  BISIGNANO

                                      A BILL FOR

  1 An Act prohibiting the mistreatment of animals other
  2    than livestock and wild animals, providing reporting
  3    requirements, providing for criminal offenses, and including
  4    penalties.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1847XS (4) 87
    da/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  169.21  Animal cruelty report.
  1  2    1.  a.  A person who practices veterinary medicine under a
  1  3 valid license or temporary permit and who concludes that an
  1  4 animal is being subjected to animal cruelty shall complete an
  1  5 animal cruelty report and submit the report to a local law
  1  6 enforcement agency having jurisdiction to investigate the
  1  7 matter.  The local law enforcement agency shall file the report
  1  8 as provided in section 717B.10.
  1  9    b.  The board may adopt rules detailing any grounds or
  1 10 procedures for making a conclusion that an animal is being
  1 11 subjected to animal cruelty. However, the board is precluded
  1 12 from concluding that an animal is being subjected to animal
  1 13 cruelty if the animal is provided care in a manner that would
  1 14 meet the standard of care for that species of animal under
  1 15 state law as enforced by the department of agriculture and land
  1 16 stewardship and under federal law as enforced by the United
  1 17 States department of agriculture.  The conclusion must at least
  1 18 be based on clinical indications that if true could reasonably
  1 19 constitute elements of animal abuse in the first degree as
  1 20 described in section 717B.2, subsection 1, animal neglect in
  1 21 the first degree as described in section 717B.2B, subsection 1,
  1 22 or animal torture as described in section 717B.3A, subsection
  1 23 1.
  1 24    c.  Notwithstanding section 169.3, for purposes of this
  1 25 section, "animal" means the same as defined in section 717B.1.
  1 26    2.  A report shall include, to every extent known by the
  1 27 person completing the report, all of the following:
  1 28    a.  The name and description of the animal.
  1 29    b.  The address and contact information of the owner or other
  1 30 person responsible for the care of the animal.
  1 31    c.  A description of the nature and extent of the indications
  1 32 of animal cruelty.
  1 33    d.  Any evidence indicating that the animal has been
  1 34 subjected to animal cruelty previously.
  1 35    e.  Any other information required by the local law
  2  1 enforcement agency that may be of value in conducting a
  2  2 criminal investigation.
  2  3    3.  The board may prepare and distribute a form for use
  2  4 by a person completing and submitting a report under this
  2  5 section and by a local law enforcement agency filing the
  2  6 report under section 717B.10.  The form shall replace the
  2  7 information required to be completed in subsection 2.  However,
  2  8 the report must at least require the completion of information
  2  9 necessary for a law enforcement officer to interview the person
  2 10 submitting the report and conduct an investigation regarding
  2 11 the commission of a public offense described in subsection
  2 12 1. The board may consult the department of public safety when
  2 13 preparing the form and may provide the form to the department
  2 14 of agriculture and land stewardship or the department of public
  2 15 safety for publication on the internet site of the respective
  2 16 department.
  2 17    4.  A person participating in good faith in reporting,
  2 18 cooperating with, or assisting a local law enforcement agency
  2 19 in evaluating a case of animal cruelty has immunity from
  2 20 criminal or civil liability or administrative disciplinary
  2 21 action which might otherwise be incurred or imposed based upon
  2 22 the act of making the report or giving the assistance. The
  2 23 person has the same immunity with respect to participating in
  2 24 good faith in a judicial proceeding resulting from the report,
  2 25 cooperation, or assistance or relating to the subject matter of
  2 26 the report, cooperation, or assistance.
  2 27    Sec. 2.  Section 717B.1, Code 2017, is amended by adding the
  2 28 following new subsections:
  2 29    NEW SUBSECTION.  3A.  a.  "Convicted" means found guilty of,
  2 30 pleads guilty to, or is sentenced or adjudicated delinquent
  2 31 for an act which is an indictable offense in this state or in
  2 32 another state, including but not limited to a juvenile who has
  2 33 been adjudicated delinquent, whether or not the juvenile court
  2 34 records have been sealed under section 232.150, and a person
  2 35 who has received a deferred sentence or a deferred judgment or
  3  1 has been acquitted by reason of insanity.
  3  2    b.  "Convicted" includes the conviction of a juvenile
  3  3 prosecuted as an adult. "Convicted" also includes a conviction
  3  4 for an attempt or conspiracy to commit an offense.
  3  5    c.  "Convicted" does not mean a plea, sentence, adjudication,
  3  6 deferred sentence, or deferred judgment which has been reversed
  3  7 or otherwise set aside.
  3  8    NEW SUBSECTION.  4A.  "Injury" means an impairment to an
  3  9 animal's health or functions, including physical damage or harm
  3 10 to an animal's muscle, tissue, organs, bones, hide, or skin,
  3 11 that causes the animal to suffer pain.
  3 12    NEW SUBSECTION.  6A.  "Local law enforcement agency" means
  3 13 an entity established as part of a local authority to serve as
  3 14 a police force responsible for the prevention and detection of
  3 15 crime and enforcement of the criminal laws of this state.
  3 16    NEW SUBSECTION.  8A.  "Serious injury" means an injury that
  3 17 creates a substantial risk of death or that causes protracted
  3 18 disfigurement, protracted impairment of health, or protracted
  3 19 loss or impairment of the function of a limb or organ.
  3 20    Sec. 3.  Section 717B.1, subsection 9, Code 2017, is amended
  3 21 to read as follows:
  3 22    9.  "Threatened animal" means an animal that is abused as
  3 23 provided suffers mistreatment due to animal abuse as described
  3 24  in section 717B.2 or 717B.2A, neglected animal neglect as
  3 25 provided described in section 717B.2B or 717B.3, or tortured
  3 26  animal torture as provided described in section 717B.3A,
  3 27 animal abandonment as described in section 717B.3B, or animal
  3 28 endangerment as described in section 717B.3C.
  3 29    Sec. 4.  Section 717B.2, Code 2017, is amended to read as
  3 30 follows:
  3 31    717B.2  Animal abuse in the first degree ==== penalties.
  3 32    1.  A person is guilty of animal abuse if the person
  3 33 intentionally injures, maims, disfigures, or destroys an animal
  3 34 owned by another person, in any manner, including intentionally
  3 35 poisoning the animal commits animal abuse in the first degree
  4  1 when the person knowingly or recklessly causes serious injury
  4  2 or death to an animal by force, violence, or poisoning. A
  4  3 person guilty of animal abuse is guilty of an aggravated
  4  4 misdemeanor.
  4  5    2.  This section shall not apply to conduct engaged in by any
  4  6 of the following:
  4  7    1.  A person acting with the consent of the person owning
  4  8 the animal, unless the action constitutes animal neglect as
  4  9 provided in section 717B.3.
  4 10    2.  a.  A person acting to carry out an order issued by a
  4 11 court.
  4 12    3.  b.  A licensed veterinarian practicing veterinary
  4 13 medicine as provided in chapter 169.
  4 14    4.  c.  A person acting in order to carry out another
  4 15 provision of law which allows the conduct.
  4 16    5.  d.  A person taking, hunting, trapping, or fishing for a
  4 17 wild animal as provided in chapter 481A.
  4 18    6.  e.  A person acting to protect the person's property from
  4 19 a wild animal as defined in section 481A.1.
  4 20    7.  f.  A person acting to protect a person from injury or
  4 21 death caused by a wild animal as defined in section 481A.1.
  4 22    8.  g.  A person reasonably acting to protect the person's
  4 23 property from damage caused by an unconfined animal.
  4 24    9.  h.  A person reasonably acting to protect a person from
  4 25 injury or death caused by an unconfined animal.
  4 26    10.  i.  A local authority reasonably acting to destroy an
  4 27 animal, if at the time of the destruction, the owner of the
  4 28 animal is absent or unable to care for the animal, and the
  4 29 animal is permanently distressed by disease or injury to a
  4 30 degree that would result in severe and prolonged suffering.
  4 31    11.  j.  A research facility, as defined in section 162.2,
  4 32 provided that the research facility performs functions within
  4 33 the scope of accepted practices and disciplines associated with
  4 34 the research facility.
  4 35    3.  A person who commits animal abuse in the first degree is
  5  1 guilty of an aggravated misdemeanor.
  5  2    4.  Notwithstanding subsection 3, a person who commits
  5  3 animal abuse in the first degree is guilty of a class "D"
  5  4 felony under any of the following circumstances:
  5  5    a.  The offense was committed by an adult when a juvenile was
  5  6 physically present.
  5  7    b.  The person has previously been convicted of any of the
  5  8 following:
  5  9    (1)  Animal abuse pursuant to this section or section
  5 10 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3,
  5 11 animal torture pursuant to section 717B.3A, animal abandonment
  5 12 pursuant to section 717B.3B, animal endangerment pursuant
  5 13 to section 717B.3C, injury or interference with a police
  5 14 service dog pursuant to section 717B.9, bestiality pursuant to
  5 15 section 717C.1, or committing an act involving a contest event
  5 16 prohibited in section 717D.2.
  5 17    (2)  An offense under any other state's statute
  5 18 substantially corresponding to an offense described in
  5 19 subparagraph (1).  The court shall judicially notice
  5 20 the statute of another state which defines such offense
  5 21 substantially equivalent to an offense described in
  5 22 subparagraph (1) and can therefore be considered a
  5 23 corresponding statute.
  5 24    Sec. 5.  NEW SECTION.  717B.2A  Animal abuse in the second
  5 25 degree ==== penalties.
  5 26    1.  A person commits animal abuse in the second degree when
  5 27 the person knowingly or recklessly causes injury or death to an
  5 28 animal by force, violence, or poisoning.
  5 29    2.  This section shall not apply to conduct engaged in by a
  5 30 person described in section 717B.2, subsection 2.
  5 31    3.  A person who commits animal abuse in the second degree is
  5 32 guilty of a serious misdemeanor.
  5 33    4.  Notwithstanding subsection 3, a person who commits
  5 34 animal abuse in the second degree is guilty of an aggravated
  5 35 misdemeanor under any of the following circumstances:
  6  1    a.  The offense was committed by an adult when a juvenile was
  6  2 physically present.
  6  3    b.  The person has previously been convicted of any of the
  6  4 following:
  6  5    (1)  Animal abuse pursuant to section 717B.2 or this section,
  6  6 animal neglect pursuant to section 717B.2B or 717B.3, animal
  6  7 torture pursuant to section 717B.3A, animal abandonment
  6  8 pursuant to section 717B.3B, animal endangerment pursuant
  6  9 to section 717B.3C, injury or interference with a police
  6 10 service dog pursuant to section 717B.9, bestiality pursuant to
  6 11 section 717C.1, or committing an act involving a contest event
  6 12 prohibited in section 717D.2.
  6 13    (2)  An offense under any other state's statute
  6 14 substantially corresponding to an offense described in
  6 15 subparagraph (1).  The court shall judicially notice
  6 16 the statute of another state which defines such offense
  6 17 substantially equivalent to an offense described in
  6 18 subparagraph (1) and can therefore be considered a
  6 19 corresponding statute.
  6 20    Sec. 6.  NEW SECTION.  717B.2B  Animal neglect in the first
  6 21 degree ==== penalties.
  6 22    1.  A person commits animal neglect in the first degree
  6 23 when the person owns or has custody of an animal, confines
  6 24 that animal, and causes the animal to suffer serious injury or
  6 25 death, by failing to reasonably provide any of the following:
  6 26    a.  Access to food in an amount and quality sufficient to
  6 27 satisfy the animal's basic nutrition level.
  6 28    b.  Access to a supply of potable water in an amount
  6 29 sufficient to satisfy the animal's basic hydration level.
  6 30 Access to snow or ice does not satisfy this requirement.
  6 31    c.  Sanitary conditions free from excessive animal waste or
  6 32 the overcrowding of animals.
  6 33    d.  Adequate shelter sufficient to provide the animal with
  6 34 protection from extreme weather conditions, including but not
  6 35 limited to sun, wind, rain, snow, ice, or standing water.
  7  1    e.  Veterinary care deemed necessary by a reasonably prudent
  7  2 person to relieve an animal's distress from a condition caused
  7  3 by failing to provide for the animal's welfare as described in
  7  4 paragraphs "a" through "d".
  7  5    2.  This section does not apply to any of the following:
  7  6    a.  A person acting to carry out another provision of law
  7  7 which allows the conduct.
  7  8    b.  A research facility, as defined in section 162.2,
  7  9 provided that the research facility performs functions within
  7 10 the scope of accepted practices and disciplines associated with
  7 11 the research facility.
  7 12    3.  A person who commits animal neglect in the first degree
  7 13 is guilty of an aggravated misdemeanor.
  7 14    4.  Notwithstanding subsection 3, a person who commits
  7 15 animal neglect in the first degree is guilty of a class "D"
  7 16 felony under any of the following circumstances:
  7 17    a.  The offense was committed by an adult when a juvenile was
  7 18 physically present.
  7 19    b.  The person has previously been convicted of any of the
  7 20 following:
  7 21    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
  7 22 animal neglect pursuant to this section or section 717B.3,
  7 23 animal torture pursuant to section 717B.3A, animal abandonment
  7 24 pursuant to section 717B.3B, animal endangerment pursuant
  7 25 to section 717B.3C, injury or interference with a police
  7 26 service dog pursuant to section 717B.9, bestiality pursuant to
  7 27 section 717C.1, or committing an act involving a contest event
  7 28 prohibited in section 717D.2.
  7 29    (2)  An offense under any other state's statute
  7 30 substantially corresponding to an offense described in
  7 31 subparagraph (1).  The court shall judicially notice
  7 32 the statute of another state which defines such offense
  7 33 substantially equivalent to an offense described in
  7 34 subparagraph (1) and can therefore be considered a
  7 35 corresponding statute.
  8  1    Sec. 7.  Section 717B.3, Code 2017, is amended to read as
  8  2 follows:
  8  3    717B.3  Animal neglect in the second degree ==== penalties.
  8  4    1.  A person who impounds or commits animal neglect in the
  8  5 second degree when the person owns or has custody of an animal,
  8  6  confines, in any place, an that animal, is guilty of animal
  8  7 neglect if the person does and fails to reasonably provide the
  8  8 animal with any of the following:
  8  9    a.  Fails to supply the animal during confinement with a
  8 10 sufficient quantity of food or water. Access to food in an
  8 11 amount and quality sufficient to satisfy the animal's basic
  8 12 nutrition level.
  8 13    b.  Fails to provide a confined dog or cat with adequate
  8 14 shelter.  Access to a supply of potable water in an amount
  8 15 sufficient to satisfy the animal's basic hydration level.
  8 16 Access to snow or ice does not satisfy this requirement.
  8 17    c.  Tortures, deprives of necessary sustenance, mutilates,
  8 18 beats, or kills an animal by any means which causes unjustified
  8 19 pain, distress, or suffering.  Sanitary conditions free from
  8 20 excessive animal waste or the overcrowding of animals.
  8 21    d.  Adequate shelter sufficient to provide the animal with
  8 22 protection from extreme weather conditions, including but not
  8 23 limited to sun, wind, rain, snow, ice, or standing water.
  8 24    e.  Veterinary care deemed necessary by a reasonably prudent
  8 25 person to relieve an animal's distress from a condition caused
  8 26 by failing to provide for the animal's welfare as described in
  8 27 paragraphs "a" through "d".
  8 28    2.  This section does not apply to a any of the following:
  8 29    a.  A person acting to carry out another provision of law
  8 30 which allows the conduct.
  8 31    b.  A research facility, as defined in section 162.2,
  8 32 provided that the research facility performs functions within
  8 33 the scope of accepted practices and disciplines associated with
  8 34 the research facility.
  8 35    3.  A person who negligently or intentionally commits the
  9  1 offense of animal neglect in the second degree is guilty of
  9  2 a simple serious misdemeanor. A person who intentionally
  9  3 commits the offense of animal neglect which results in serious
  9  4 injury to or the death of an animal is guilty of a serious
  9  5 misdemeanor.
  9  6    4.  Notwithstanding subsection 3, a person who commits
  9  7 animal neglect in the second degree is guilty of an aggravated
  9  8 misdemeanor under any of the following circumstances:
  9  9    a.  The offense was committed by an adult when a juvenile was
  9 10 physically present.
  9 11    b.  The person has previously been convicted of any of the
  9 12 following:
  9 13    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
  9 14 animal neglect pursuant to section 717B.2B or this section,
  9 15 animal torture pursuant to section 717B.3A, animal abandonment
  9 16 pursuant to section 717B.3B, animal endangerment pursuant
  9 17 to section 717B.3C, injury or interference with a police
  9 18 service dog pursuant to section 717B.9, bestiality pursuant to
  9 19 section 717C.1, or committing an act involving a contest event
  9 20 prohibited in section 717D.2.
  9 21    (2)  An offense under any other state's statute
  9 22 substantially corresponding to an offense described in
  9 23 subparagraph (1).  The court shall judicially notice
  9 24 the statute of another state which defines such offense
  9 25 substantially equivalent to an offense described in
  9 26 subparagraph (1) and can therefore be considered a
  9 27 corresponding statute.
  9 28    Sec. 8.  Section 717B.3A, Code 2017, is amended to read as
  9 29 follows:
  9 30    717B.3A  Animal torture ==== penalties.
  9 31    1.  A person is guilty of animal torture, regardless of
  9 32 whether the person is the owner of the animal, if when the
  9 33 person inflicts upon the animal severe and prolonged or
  9 34 repeated physical pain with a depraved or sadistic intent to
  9 35 cause that results in the animal's prolonged suffering and
 10  1 serious injury or death.
 10  2    2.  This section shall not apply to conduct engaged in by any
 10  3 of the following:
 10  4    a.  A person acting to carry out an order issued by a court.
 10  5    b.  A licensed veterinarian practicing veterinary medicine as
 10  6 provided in chapter 169.
 10  7    c.  A person carrying out a practice that is consistent with
 10  8 animal husbandry practices.
 10  9    d.  A person acting in order to carry out another provision
 10 10 of law which allows the conduct.
 10 11    e.  A person taking, hunting, trapping, or fishing for a wild
 10 12 animal as provided in chapter 481A.
 10 13    f.  A person acting to protect the person's property from a
 10 14 wild animal as defined in section 481A.1.
 10 15    g.  A person acting to protect a person from injury or death
 10 16 caused by a wild animal as defined in section 481A.1.
 10 17    h.  A person reasonably acting to protect the person's
 10 18 property from damage caused by an unconfined animal.
 10 19    i.  A person reasonably acting to protect a person from
 10 20 injury or death caused by an unconfined animal.
 10 21    j.  A local authority reasonably acting to destroy an animal,
 10 22 if at the time of the destruction, the owner of the animal is
 10 23 absent or unable to care for the animal, and the animal is
 10 24 permanently distressed by disease or injury to a degree that
 10 25 would result in severe and prolonged suffering.
 10 26    k.  A research facility, as defined in section 162.2,
 10 27 provided that the research facility performs functions within
 10 28 the scope of accepted practices and disciplines associated with
 10 29 the research facility.
 10 30    3.a.  The following shall apply to a person who commits
 10 31 animal torture:
 10 32    (1)  For the first conviction, the person is guilty of an
 10 33 aggravated misdemeanor. The sentencing order shall provide
 10 34 that the person submit to psychological evaluation and
 10 35 treatment according to terms required by the court. The costs
 11  1 of the evaluation and treatment shall be paid by the person.
 11  2 In addition, the sentencing order shall provide that the person
 11  3 complete a community work requirement, which may include a work
 11  4 requirement performed at an animal shelter or pound, as defined
 11  5 in section 162.2, according to terms required by the court.
 11  6    (2)  For a second or subsequent conviction, the person is
 11  7 guilty of a class "D" felony. The sentencing order shall
 11  8 provide that the person submit to psychological evaluation and
 11  9 treatment according to terms required by the court. The costs
 11 10 of the psychological evaluation and treatment shall be paid by
 11 11 the person.
 11 12    b.  The juvenile court shall have exclusive original
 11 13 jurisdiction in a proceeding concerning a child who is alleged
 11 14 to have committed animal torture, in the manner provided in
 11 15 section 232.8. The juvenile court shall not waive jurisdiction
 11 16 in a proceeding concerning an offense alleged to have been
 11 17 committed by a child under the age of seventeen.
 11 18    4.  A person who commits animal torture is guilty of a class
 11 19 "D" felony.
 11 20    5.  Notwithstanding subsection 4, a person who commits
 11 21 animal torture is guilty of a class "C" felony under any of the
 11 22 following circumstances:
 11 23    a.  The offense was committed by an adult when a juvenile was
 11 24 physically present.
 11 25    b.  The person has previously been convicted of any of the
 11 26 following:
 11 27    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
 11 28 animal neglect pursuant to section 717B.2B or 717B.3, animal
 11 29 torture pursuant to this section, animal abandonment pursuant
 11 30 to section 717B.3B, animal endangerment pursuant to section
 11 31 717B.3C, injury or interference with a police service dog
 11 32 pursuant to section 717B.9, bestiality pursuant to section
 11 33 717C.1, or committing an act involving a contest event
 11 34 prohibited in section 717D.2.
 11 35    (2)  An offense under any other state's statute
 12  1 substantially corresponding to an offense described in
 12  2 subparagraph (1).  The court shall judicially notice
 12  3 the statute of another state which defines such offense
 12  4 substantially equivalent to an offense described in
 12  5 subparagraph (1) and can therefore be considered a
 12  6 corresponding statute.
 12  7    Sec. 9.  NEW SECTION.  717B.3B  Animal abandonment ====
 12  8 penalties.
 12  9    1.  A person commits animal abandonment when the person does
 12 10 all of the following:
 12 11    a.  Knowingly or recklessly relinquishes custody of an animal
 12 12 at a location in which the person does not hold a legal or
 12 13 equitable interest.
 12 14    b.  Fails to do any of the following:
 12 15    (1)  Legally transfer the animal to another person.
 12 16    (2)  Make reasonable arrangements for the transfer of
 12 17 custody of the animal to a person who agrees to assume custody
 12 18 of the animal.
 12 19    (3)  Make other reasonable arrangements for the care of the
 12 20 animal in a manner that would not constitute animal neglect in
 12 21 the first degree under section 717B.2B, subsection 1.
 12 22    2.  A person who commits animal abandonment is guilty of a
 12 23 simple misdemeanor.
 12 24    3.  Notwithstanding subsection 2, a person who commits
 12 25 animal abandonment is guilty of a serious misdemeanor under any
 12 26 of the following circumstances:
 12 27    a.  The offense was committed by an adult when a juvenile was
 12 28 physically present.
 12 29    b.  The person has previously been convicted of any of the
 12 30 following:
 12 31    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
 12 32 animal neglect pursuant to section 717B.2B or 717B.3, animal
 12 33 torture pursuant to section 717B.3A, animal abandonment
 12 34 pursuant to this section, animal endangerment pursuant to
 12 35 section 717B.3C, injury or interference with a police service
 13  1 dog pursuant to section 717B.9, bestiality pursuant to
 13  2 section 717C.1, or committing an act involving a contest event
 13  3 prohibited in section 717D.2.
 13  4    (2)  An offense under any other state's statute
 13  5 substantially corresponding to an offense described in
 13  6 subparagraph (1).  The court shall judicially notice
 13  7 the statute of another state which defines such offense
 13  8 substantially equivalent to an offense described in
 13  9 subparagraph (1) and can therefore be considered a
 13 10 corresponding statute.
 13 11    Sec. 10.  NEW SECTION.  717B.3C  Animal endangerment ====
 13 12 penalties.
 13 13    1.  A person commits animal endangerment when the person
 13 14 confines an animal in a stationary motor vehicle in a manner
 13 15 that endangers the health or life of the animal by exposing the
 13 16 animal to a prolonged period of extreme interior temperature or
 13 17 a long period without adequate ventilation.
 13 18    2.  A person who commits animal endangerment is guilty of a
 13 19 simple misdemeanor.
 13 20    3.  Notwithstanding subsection 2, a person who commits
 13 21 animal endangerment is guilty of a serious misdemeanor under
 13 22 any of the following circumstances:
 13 23    a.  The offense was committed by an adult when a juvenile was
 13 24 physically present.
 13 25    b.  The person has previously been convicted of any of the
 13 26 following:
 13 27    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
 13 28 animal neglect pursuant to section 717B.2B or 717B.3, animal
 13 29 torture pursuant to section 717B.3A, animal abandonment
 13 30 pursuant to section 717B.3B, animal endangerment pursuant to
 13 31 this section, injury or interference with a police service
 13 32 dog pursuant to section 717B.9, bestiality pursuant to
 13 33 section 717C.1, or committing an act involving a contest event
 13 34 prohibited in section 717D.2.
 13 35    (2)  An offense under any other state's statute
 14  1 substantially corresponding to an offense described in
 14  2 subparagraph (1).  The court shall judicially notice
 14  3 the statute of another state which defines such offense
 14  4 substantially equivalent to an offense described in
 14  5 subparagraph (1) and can therefore be considered a
 14  6 corresponding statute.
 14  7    Sec. 11.  NEW SECTION.  717B.3D  Animal mistreatment ==== court
 14  8 order ==== evaluation and treatment.
 14  9    1.  At the time of a person's conviction for a public
 14 10 offense committed under this chapter, a court may enter an
 14 11 order requiring the person to undergo a psychological or
 14 12 psychiatric evaluation and to undergo any treatment that the
 14 13 court determines to be appropriate after due consideration of
 14 14 the evaluation. However, the court shall enter such an order
 14 15 if the convicted person is any of the following:
 14 16    a.  A juvenile.
 14 17    b.  An adult committing animal abuse pursuant to section
 14 18 717B.2 or 717B.2A, animal neglect in the first degree pursuant
 14 19 to section 717B.2B, animal neglect in the second degree
 14 20 punishable as an aggravated misdemeanor pursuant to section
 14 21 717B.3, or animal torture pursuant to section 717B.3A.
 14 22    2.  The costs of undergoing a psychological or psychiatric
 14 23 evaluation and undergoing any treatment ordered by the court
 14 24 shall be borne by the convicted person, unless the person is
 14 25 a juvenile.
 14 26    3.  An order made under this section is in addition to any
 14 27 other order or sentence of the court.
 14 28    4.  Any violation of the court order shall be punished as
 14 29 contempt of court pursuant to chapter 665.
 14 30    Sec. 12.  NEW SECTION.  717B.3E  Animal mistreatment ====
 14 31 sentencing order ==== prohibitions.
 14 32    1.  At the time of a person's sentencing for a public offense
 14 33 committed under this chapter, a court may prohibit the person
 14 34 from owning or obtaining custody of an animal belonging to
 14 35 the same taxonomic genus as the animal that the defendant is
 15  1 convicted of mistreating, or residing in the same dwelling
 15  2 where such animal is kept.  The period of the prohibition shall
 15  3 be not less than one but not more than five years.
 15  4    2.  Notwithstanding subsection 1, the court shall enter such
 15  5 an order if the convicted person has committed animal abuse
 15  6 pursuant to section 717B.2 or 717B.2A, animal neglect in the
 15  7 first degree pursuant to section 717B.2B, animal neglect in the
 15  8 second degree punishable as an aggravated misdemeanor pursuant
 15  9 to section 717B.3, or animal torture pursuant to section
 15 10 717B.3A.  The period of such prohibition shall be as follows:
 15 11    a.  For an aggravated misdemeanor, from one to five years.
 15 12    b.  For a class "D" felony, from five to fifteen years.
 15 13    c.  For a class "C" felony, for life.
 15 14    3.  The duration of a prohibition described in this
 15 15 section commences on the date that the person is placed on
 15 16 probation, released on parole or work release, or released from
 15 17 incarceration or from placement in a juvenile facility.
 15 18    4.  An order made pursuant to this section is in addition to
 15 19 any other order or sentence of the court.
 15 20    5.  Any violation of the court order described in this
 15 21 section is a public offense and shall be punished as a simple
 15 22 misdemeanor.
 15 23    Sec. 13.  Section 717B.5, subsection 1, Code 2017, is amended
 15 24 to read as follows:
 15 25    1.  The rescue must be made by a law enforcement officer
 15 26 having cause to believe that the animal is a threatened animal
 15 27 after consulting with a veterinarian licensed pursuant to
 15 28 chapter 169.  An animal cruelty report filed with a local
 15 29 law enforcement agency pursuant to section 717B.10 is not a
 15 30 substitute for consulting with a licensed veterinarian. The
 15 31 law enforcement officer may rescue the animal by entering on
 15 32 public or private property, as provided in this subsection.
 15 33 The law enforcement officer may enter onto property of a person
 15 34 to rescue the animal if the officer obtains a search warrant
 15 35 issued by a court, or enters onto the premises in a manner
 16  1 consistent with the laws of this state and the United States,
 16  2 including Article I, section 8, of the Constitution of the
 16  3 State of Iowa, or the fourth amendment to the Constitution of
 16  4 the United States.
 16  5    Sec. 14.  NEW SECTION.  717B.5A  Rescue ==== motor vehicles.
 16  6    1.  A law enforcement officer may rescue an animal from a
 16  7 stationary motor vehicle, including through the use of forced
 16  8 entrance, if the law enforcement officer reasonably believes
 16  9 that the animal may be suffering distress due to exposure to
 16 10 extreme interior temperature or a lack of adequate ventilation.
 16 11 The law enforcement officer's action is justified regardless
 16 12 of whether the law enforcement officer observed indications
 16 13 of distress or whether the person could be charged with or
 16 14 convicted of committing a public offense.
 16 15    2.  The law enforcement officer shall provide written
 16 16 notice of the rescue to the animal's responsible party. This
 16 17 requirement is satisfied by placing the notice in a conspicuous
 16 18 place located within the motor vehicle. The notice must state
 16 19 where the rescued animal may be claimed.
 16 20    3.  The local authority shall provide for the maintenance
 16 21 of the rescued animal as if it were a threatened animal under
 16 22 section 717B.5. However, a dispositional proceeding under
 16 23 section 717B.4 is not required if within ten days after the
 16 24 date of the animal's rescue the responsible party claims the
 16 25 animal from the local authority.  In order to claim the animal,
 16 26 the responsible party must reimburse the local authority for
 16 27 all reasonable costs that accrued from rescuing and maintaining
 16 28 the animal.
 16 29    Sec. 15.  NEW SECTION.  717B.10  Reports.
 16 30    1.  A local law enforcement agency shall accept and file
 16 31 an animal cruelty report submitted by a person as provided in
 16 32 section 169.21.  The report may be used as the basis for an
 16 33 investigation or criminal complaint or information under this
 16 34 chapter, or for determining whether to perform a rescue under
 16 35 section 717B.5.
 17  1    2.  a.  A local law enforcement agency shall file a child
 17  2 endangerment alert report with the department of human services
 17  3 if all of the following apply:
 17  4    (1)  A law enforcement officer employed by the law
 17  5 enforcement agency conducts an investigation of a suspected
 17  6 offense of animal abuse as described in section 717B.2 or
 17  7 717B.2A, animal neglect as described in section 717B.2B or
 17  8 717B.3, or animal torture as described in section 717B.3A.
 17  9    (2)  The law enforcement officer reasonably believes that a
 17 10 minor child of the subject of the investigation witnessed the
 17 11 commission of the offense.
 17 12    b.  The report shall be filed in a manner and according to
 17 13 procedures required by the department of human services.
 17 14    c.  The report shall be a confidential record in the same
 17 15 manner as a peace officer's investigative report under section
 17 16 22.7, subsection 5.
 17 17    Sec. 16.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
 17 18 3, shall not apply to this Act.
 17 19    Sec. 17.  REPEAL.  Section 717B.8, Code 2016, is repealed.
 17 20                           EXPLANATION
 17 21 The inclusion of this explanation does not constitute agreement with
 17 22 the explanation's substance by the members of the general assembly.
 17 23    GENERAL.  This bill amends Code chapter 717B prohibiting
 17 24 the mistreatment of certain animals, including dogs and cats,
 17 25 but excluding other animals such as livestock (Code chapter
 17 26 717); game, fur=bearing animals, fish, reptiles, or amphibians
 17 27 (Code chapter 481A), unless such animal is owned, confined,
 17 28 or controlled by a person; or a nongame animal declared to be
 17 29 a nuisance by the natural resource commission (Code section
 17 30 481A.42).
 17 31    There are seven amended or new criminal offenses, including
 17 32 animal abuse in the first or second degree (amended Code
 17 33 section 717B.2 and new Code section 717B.2A), animal neglect
 17 34 in the first or second degree (new Code section 717B.2B
 17 35 and amended Code section 717B.3), animal torture (amended
 18  1 Code section 717B.3A), animal abandonment (new Code section
 18  2 717B.3B), and animal endangerment (new Code section 717B.3C).
 18  3  Each of the amended or new offenses includes an enhanced
 18  4 penalty that applies to a convicted person in either of two
 18  5 situations:  (1) the person is an adult who committed the
 18  6 offense in the presence of a juvenile or (2) the person has
 18  7 previously committed any of the offenses previously described;
 18  8 committed injury or interference with a police service dog
 18  9 (Code section 717B.9); committed bestiality (Code section
 18 10 717C.1); committed an offense involving an animal contest (Code
 18 11 section 717D.4); or committed any similar offense in another
 18 12 state.
 18 13    TYPES OF CRIMINAL OFFENSES ==== ABUSE, NEGLECT, OR TORTURE.
 18 14 Animal abuse involves injuring an animal by violence or
 18 15 poisoning; animal neglect involves failing to provide an animal
 18 16 with adequate food, water, habitable conditions, or necessary
 18 17 veterinary care; and animal torture involves inflicting upon
 18 18 the animal severe and prolonged or repeated physical pain.  For
 18 19 animal abuse in the first degree, animal neglect in the first
 18 20 degree, or animal torture, the animal must suffer a serious
 18 21 injury or death. Serious injury involves a substantial risk
 18 22 of death, protracted disfigurement, impairment, or a loss or
 18 23 impairment of a limb. For animal abuse in the second degree,
 18 24 the animal must suffer an injury meaning some impairment to the
 18 25 animal's health or functions, or death. For animal neglect in
 18 26 the second degree, the injury element is not required. For
 18 27 these offenses, the criminal penalties are as follows:  (1)
 18 28 animal abuse in the first degree, an aggravated misdemeanor
 18 29 which may be enhanced to a class "D" felony; (2) animal abuse
 18 30 in the second degree, a serious misdemeanor which may be
 18 31 enhanced to an aggravated misdemeanor; (3) animal neglect
 18 32 in the first degree, an aggravated misdemeanor which may be
 18 33 enhanced to a class "D" felony; (4)  animal neglect in the
 18 34 second degree, a serious misdemeanor which may be enhanced to
 18 35 an aggravated misdemeanor; and (5) animal torture, a class "D"
 19  1 felony which may be enhanced to a class "C" felony.
 19  2    A number of exceptions apply to the animal abuse and animal
 19  3 torture offenses, including carrying out (1) a court order; (2)
 19  4 a veterinary practice; (3) a good animal husbandry practice;
 19  5 (4) another provision of law; (5) legally hunting, trapping,
 19  6 or fishing; (6) a defense of property or life; (7) conduct
 19  7 by a local authority; and (8) research activities.  The bill
 19  8 eliminates a provision in the current abuse Code section that
 19  9 excepts an animal's owner from culpability.  The bill also
 19 10 eliminates an element of animal torture that requires proof of
 19 11 sadistic or depraved intent.
 19 12    TYPES OF CRIMINAL OFFENSES ==== ANIMAL ABANDONMENT AND ANIMAL
 19 13 ENDANGERMENT.  For animal abandonment, a person must knowingly
 19 14 or recklessly relinquish custody of an animal, and then fail
 19 15 to provide for its legal transfer or make arrangements for its
 19 16 care. For animal endangerment, a person must confine an animal
 19 17 in a stationary motor vehicle in a manner that endangers the
 19 18 health or life of the animal. For these last two offenses, the
 19 19 criminal penalties are the same: a simple misdemeanor which
 19 20 may be enhanced to a serious misdemeanor.
 19 21    APPLICABLE CRIMINAL PENALTIES.  The criminal penalties are
 19 22 as follows:  (1) simple misdemeanor,  confinement for no more
 19 23 than 30 days or a fine of at least $65 but not more than $625 or
 19 24 by both; (2)  serious misdemeanor, confinement for no more than
 19 25 one year and a fine of at least $315 but not more than $1,875;
 19 26 (3) aggravated misdemeanor, confinement for no more than two
 19 27 years and a fine of at least $625 but not more than $6,250; (4)
 19 28 class "D" felony, confinement for no more than five years and a
 19 29 fine of at least $750 but not more than $7,500; and (5) class
 19 30 "C" felony, confinement for no more than 10 years and a fine of
 19 31 at least $1,000 but not more than $10,000.
 19 32    COURT ORDERS.  At the time of conviction for committing
 19 33 any of the offenses, a person may be subject to a court order
 19 34 requiring a psychological or psychiatric evaluation and
 19 35 treatment.  The person may also be subject to a court order
 20  1 prohibiting the person from owning, possessing, or living with
 20  2 an animal of the same genus as the mistreated animal.  In each
 20  3 case, the court's decision to issue an order is discretionary
 20  4 except under certain conditions.  A court order requiring an
 20  5 evaluation and treatment is mandatory for juveniles.  That
 20  6 order and the order prohibiting contact with animals is
 20  7 also mandatory if the offense is punishable as an aggravated
 20  8 misdemeanor or felony.  For a discretionary court order,
 20  9 the  period of prohibition is from one to five years.  For a
 20 10 mandatory court order, the period of prohibition is as follows:
 20 11 (1)  one to five years for an aggravated misdemeanor, (2) 5 to
 20 12 15 years for a class "D" felony, and (3) life for a class "C"
 20 13 felony.
 20 14    ANIMAL RESCUE ==== LOCAL LAW ENFORCEMENT OFFICERS.  A law
 20 15 enforcement officer (e.g., county sheriff or deputy sheriff)
 20 16 is authorized to rescue an animal from a motor vehicle based
 20 17 upon the officer's reasonable belief that the animal may be
 20 18 suffering distress.  The officer must provide a written notice
 20 19 of the rescue.  After the rescue, the animal must be maintained
 20 20 as a rescued animal by the local authority until it is claimed
 20 21 or disposed of pursuant to court order.
 20 22    MANDATORY REPORTING ==== VETERINARIANS TO LOCAL LAW
 20 23 ENFORCEMENT AGENCIES.  A veterinarian is required to report
 20 24 cases in which an animal may have suffered a serious injury due
 20 25 to animal abuse, animal neglect, or animal torture.  The board
 20 26 of veterinary medicine may prescribe the form of the report.
 20 27 The report must be submitted to the local law enforcement
 20 28 agency  having jurisdiction of the matter.
 20 29    MANDATORY REPORTING ==== LOCAL LAW ENFORCEMENT AGENCIES TO THE
 20 30 DEPARTMENT OF HUMAN SERVICES.  A local law enforcement agency
 20 31 must submit a report to the department of human services if a
 20 32 law enforcement officer conducts an investigation involving
 20 33 animal abuse, animal neglect, or animal torture and reasonably
 20 34 believes a minor child of the subject of the investigation
 20 35 witnessed the offense being committed.
 21  1 STATE MANDATE.  The bill may include a state mandate as
 21  2 defined in Code section 25B.3.  The bill makes inapplicable
 21  3 Code section 25B.2, subsection 3, which would relieve a
 21  4 political subdivision from complying with a state mandate if
 21  5 funding for the cost of the state mandate is not provided or
 21  6 specified.  Therefore, political subdivisions are required to
 21  7 comply with any state mandate included in the bill.
       LSB 1847XS (4) 87
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