Bill Text: IA SF2021 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal offense of animal torture and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-17 - Subcommittee, Courtney, Garrett, and Taylor. S.J. 87. [SF2021 Detail]
Download: Iowa-2013-SF2021-Introduced.html
Senate
File
2021
-
Introduced
SENATE
FILE
2021
BY
McCOY
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
animal
torture
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
717B.3A,
subsection
3,
paragraph
a,
Code
1
2014,
is
amended
to
read
as
follows:
2
a.
The
following
shall
apply
to
a
person
who
commits
animal
3
torture:
4
(1)
For
the
first
conviction,
the
person
is
guilty
of
an
5
aggravated
misdemeanor.
The
sentencing
order
shall
provide
6
that
the
person
submit
to
psychological
evaluation
and
7
treatment
according
to
terms
required
by
the
court.
The
costs
8
of
the
evaluation
and
treatment
shall
be
paid
by
the
person.
9
In
addition,
the
sentencing
order
shall
provide
that
the
person
10
complete
a
community
work
requirement,
which
may
include
a
work
11
requirement
performed
at
an
animal
shelter
or
pound,
as
defined
12
in
section
162.2
,
according
to
terms
required
by
the
court.
13
(2)
For
a
second
or
subsequent
conviction,
the
A
person
14
who
commits
animal
torture
is
guilty
of
a
class
“D”
felony.
15
The
sentencing
order
shall
provide
that
the
person
submit
16
to
psychological
evaluation
and
treatment
according
to
17
terms
required
by
the
court.
The
costs
of
the
psychological
18
evaluation
and
treatment
shall
be
paid
by
the
person.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
BILL’S
PROVISIONS
——
INCREASE
IN
CRIMINAL
PENALTY
FOR
ANIMAL
23
TORTURE.
This
bill
increases
the
criminal
penalty
for
the
24
offense
of
animal
torture
from
an
aggravated
misdemeanor
to
a
25
class
“D”
felony
beginning
with
the
first
offense.
It
also
26
eliminates
a
requirement
that
a
first-time
offender
complete
a
27
community
work
requirement
which
may
be
performed
at
an
animal
28
shelter.
29
CRIMINAL
PENALTIES.
An
aggravated
misdemeanor
is
punishable
30
by
confinement
for
no
more
than
two
years
and
a
fine
of
at
31
least
$625
but
not
more
than
$6,250.
A
class
“D”
felony
is
32
punishable
by
confinement
for
no
more
than
five
years
and
a
33
fine
of
at
least
$750
but
not
more
than
$7,500.
34
BACKGROUND.
The
bill
amends
Code
chapter
717B
which
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provides
for
offenses
relating
to
the
mistreatment
of
animals
1
other
than
livestock,
any
game,
fur-bearing
animal,
fish,
2
reptile,
or
amphibian
not
owned,
confined,
or
controlled
by
a
3
person,
or
any
nongame
species
declared
to
be
a
nuisance.
Code
4
section
717B.3A
provides
for
the
offense
of
animal
torture.
A
5
person
commits
the
offense
by
inflicting
severe
physical
pain
6
with
a
depraved
or
sadistic
intent
to
cause
prolonged
suffering
7
or
death.
The
law
provides
for
a
number
of
exceptions,
8
including
exceptions
based
on
actions
consistent
with
animal
9
husbandry
practices;
veterinary
practice;
hunting,
trapping,
or
10
fishing;
self-defense
or
protection
of
property;
or
research.
11
The
severity
of
the
criminal
penalty
depends
on
whether
it
is
12
a
first
or
subsequent
offense.
For
the
first
offense,
the
13
person
is
guilty
of
an
aggravated
misdemeanor.
In
addition,
14
the
person
must
complete
a
community
work
requirement.
For
a
15
second
or
subsequent
offense,
a
person
is
guilty
of
a
class
16
“D”
felony.
However,
there
is
no
community
work
requirement.
17
In
both
instances,
the
sentencing
order
must
provide
that
18
the
person
submit
to
psychological
evaluation
and
treatment.
19
The
law
also
provides
that
the
juvenile
court
has
exclusive
20
original
jurisdiction
in
a
proceeding
concerning
a
child
work
21
requirement.
The
juvenile
court
cannot
waive
jurisdiction
in
a
22
proceeding
concerning
an
offense
alleged
to
have
been
committed
23
by
a
child
under
the
age
of
17.
24
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