Bill Text: IA SF2033 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A bill for an act providing for the criminal offense of service dog abuse, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-23 - Subcommittee, Sodders, Boettger, and Hogg. S.J. 117. [SF2033 Detail]

Download: Iowa-2013-SF2033-Introduced.html

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Senate File 2033 - Introduced
SENATE FILE 2033
BY RAGAN
A BILL FOR
An Act providing for the criminal offense of service dog abuse,
and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 717B.1, Code 2014, is amended by adding
the following new subsection:
NEW SUBSECTION . 8A. “Service dog” means the same as defined
in section 216C.11.
Sec. 2. NEW SECTION . 717B.10 Service dog abuse.
1. A person commits the offense of service dog abuse if all
of the following apply:
a. The person owns or possesses a dog which attacks a
service dog.
b. The service dog has been individually trained to perform
work or tasks related to the dog handler’s disability and
the service dog routinely performs such work or tasks at the
direction or on the behalf of the service dog’s handler, by
assisting the handler who is disabled by any of the following
diagnosed conditions:
(1) Mobility impairment.
(2) Blindness or a visual impairment.
(3) Deafness or an audio impairment.
(4) A psychiatric condition, including a cognitive,
psychiatric, or neurological condition.
(5) A health condition, including but not limited to
seizures.
2. Subsection 1 does not apply in any of the following
circumstances:
a. The attacking dog is owned or possessed by the owner or
handler of the service dog at the time of the attack.
b. The service dog was not under the control or direction of
its owner or handler at the time of the attack.
c. The service dog exhibited aggressive behavior immediately
prior to the attack.
3. a. Except as provided in paragraph “b” , a person who
commits service dog abuse is guilty of a simple misdemeanor.
b. A person who commits service dog abuse is guilty of a
serious misdemeanor when any of the following applies:
(1) The attack was directly caused by the person’s willful,
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S.F. 2033
malicious, or reckless act.
(2) The service dog was attacked in a manner that caused
death, permanent disfigurement, or permanent disability.
(3) The person has been convicted three or more times in
the previous ten years of committing an offense under section
717B.2, 717B.3, 717B.3A, or 717B.9, or this section.
4. In addition to a penalty imposed under subsection 3,
the court shall order a defendant convicted of or receiving a
deferred judgment for service dog abuse to make restitution
for pecuniary damages pursuant to chapter 910. The amount of
pecuniary damages ordered to be paid to the victim by a court
shall be limited to expenses for veterinary care, the temporary
or permanent replacement of the service dog, and other
reasonable expenses incurred as a direct result of the attack.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill amends Code chapter 717B, which provides
for offenses relating to the mistreatment of animals defined
not to include livestock or game (Code section 717B.1).
SERVICE DOG ABUSE —— NEW CRIMINAL OFFENSE. The bill creates
a criminal offense referred to as service dog abuse. A service
dog is a dog specially trained to assist a person with a
disability. Code chapter 216C provides rights to persons
with disabilities including the right to be accompanied by a
service dog (Code section 216C.11). This new offense would be
committed when a person owns or possesses a dog which attacks
a service dog, if the service dog was individually trained to
perform functions related to a diagnosed disability. The bill
specifically excludes certain circumstances including when the
two dogs are owned by the same person, or a service dog was
either not under the control of its owner or handler or behaved
aggressively.
SERVICE DOG ABUSE —— PENALTIES AND RESTITUTION. Generally,
a person convicted of service dog abuse is guilty of a simple
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S.F. 2033
misdemeanor. However, a person owning or possessing the
attacking dog is guilty of a serious misdemeanor if the attack
was directly caused by the person’s willful, malicious, or
reckless act; the service dog was critically injured or killed;
or the person has been convicted three or more times in the
previous 10 years of an offense under the Code chapter. The
person must also pay restitution to the victim for certain
expenses incurred by the attack, including for veterinary care
or for the replacement of the service dog (see Code chapter
910).
BACKGROUND. Animal abuse is committed when a person
intentionally causes an animal injury or disfigurement or kills
an animal. A person committing animal abuse is guilty of an
aggravated misdemeanor (Code section 717B.2). Animal neglect
is committed when a person who confines an animal fails to
properly care for the animal or otherwise injures or kills an
animal in a manner that causes unjustified suffering. A person
committing animal neglect is guilty of a simple misdemeanor,
unless the person intentionally commits an act which results
in serious injury to or the death of the animal. In those
circumstances the person is guilty of a serious misdemeanor
(Code section 717B.3). Animal torture is committed when a
person inflicts severe physical pain upon an animal with a
depraved or sadistic intent to cause prolonged suffering or
death. For the first conviction, the person is guilty of
an aggravated misdemeanor and for the second or subsequent
conviction, the person is guilty of a class “D” felony. The
sentencing order must also order the person to submit to
psychological evaluation and treatment (Code section 717B.3A).
Injury or interference with a police service dog is committed
when a person knowingly, willfully, or maliciously abuses a
police service dog. A person committing the offense is guilty
of a serious misdemeanor, unless the person’s act involves
torture, serious injury, or death. In those circumstances the
person is guilty of a class “D” felony (Code section 717B.9).
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CRIMINAL PENALTIES. A simple misdemeanor is punishable by
confinement for no more than 30 days or a fine of at least
$65 but not more than $625 or by both. A serious misdemeanor
is punishable by confinement for no more than one year and a
fine of at least $315 but not more than $1,875. An aggravated
misdemeanor is punishable by confinement for no more than two
years and a fine of at least $625 but not more than $6,250. A
class “D” felony is punishable by confinement for no more than
five years and a fine of at least $750 but not more than $7,500.
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