Senate
File
2033
-
Introduced
SENATE
FILE
2033
BY
RAGAN
A
BILL
FOR
An
Act
providing
for
the
criminal
offense
of
service
dog
abuse,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
717B.1,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8A.
“Service
dog”
means
the
same
as
defined
3
in
section
216C.11.
4
Sec.
2.
NEW
SECTION
.
717B.10
Service
dog
abuse.
5
1.
A
person
commits
the
offense
of
service
dog
abuse
if
all
6
of
the
following
apply:
7
a.
The
person
owns
or
possesses
a
dog
which
attacks
a
8
service
dog.
9
b.
The
service
dog
has
been
individually
trained
to
perform
10
work
or
tasks
related
to
the
dog
handler’s
disability
and
11
the
service
dog
routinely
performs
such
work
or
tasks
at
the
12
direction
or
on
the
behalf
of
the
service
dog’s
handler,
by
13
assisting
the
handler
who
is
disabled
by
any
of
the
following
14
diagnosed
conditions:
15
(1)
Mobility
impairment.
16
(2)
Blindness
or
a
visual
impairment.
17
(3)
Deafness
or
an
audio
impairment.
18
(4)
A
psychiatric
condition,
including
a
cognitive,
19
psychiatric,
or
neurological
condition.
20
(5)
A
health
condition,
including
but
not
limited
to
21
seizures.
22
2.
Subsection
1
does
not
apply
in
any
of
the
following
23
circumstances:
24
a.
The
attacking
dog
is
owned
or
possessed
by
the
owner
or
25
handler
of
the
service
dog
at
the
time
of
the
attack.
26
b.
The
service
dog
was
not
under
the
control
or
direction
of
27
its
owner
or
handler
at
the
time
of
the
attack.
28
c.
The
service
dog
exhibited
aggressive
behavior
immediately
29
prior
to
the
attack.
30
3.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
31
commits
service
dog
abuse
is
guilty
of
a
simple
misdemeanor.
32
b.
A
person
who
commits
service
dog
abuse
is
guilty
of
a
33
serious
misdemeanor
when
any
of
the
following
applies:
34
(1)
The
attack
was
directly
caused
by
the
person’s
willful,
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malicious,
or
reckless
act.
1
(2)
The
service
dog
was
attacked
in
a
manner
that
caused
2
death,
permanent
disfigurement,
or
permanent
disability.
3
(3)
The
person
has
been
convicted
three
or
more
times
in
4
the
previous
ten
years
of
committing
an
offense
under
section
5
717B.2,
717B.3,
717B.3A,
or
717B.9,
or
this
section.
6
4.
In
addition
to
a
penalty
imposed
under
subsection
3,
7
the
court
shall
order
a
defendant
convicted
of
or
receiving
a
8
deferred
judgment
for
service
dog
abuse
to
make
restitution
9
for
pecuniary
damages
pursuant
to
chapter
910.
The
amount
of
10
pecuniary
damages
ordered
to
be
paid
to
the
victim
by
a
court
11
shall
be
limited
to
expenses
for
veterinary
care,
the
temporary
12
or
permanent
replacement
of
the
service
dog,
and
other
13
reasonable
expenses
incurred
as
a
direct
result
of
the
attack.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
GENERAL.
This
bill
amends
Code
chapter
717B,
which
provides
18
for
offenses
relating
to
the
mistreatment
of
animals
defined
19
not
to
include
livestock
or
game
(Code
section
717B.1).
20
SERVICE
DOG
ABUSE
——
NEW
CRIMINAL
OFFENSE.
The
bill
creates
21
a
criminal
offense
referred
to
as
service
dog
abuse.
A
service
22
dog
is
a
dog
specially
trained
to
assist
a
person
with
a
23
disability.
Code
chapter
216C
provides
rights
to
persons
24
with
disabilities
including
the
right
to
be
accompanied
by
a
25
service
dog
(Code
section
216C.11).
This
new
offense
would
be
26
committed
when
a
person
owns
or
possesses
a
dog
which
attacks
27
a
service
dog,
if
the
service
dog
was
individually
trained
to
28
perform
functions
related
to
a
diagnosed
disability.
The
bill
29
specifically
excludes
certain
circumstances
including
when
the
30
two
dogs
are
owned
by
the
same
person,
or
a
service
dog
was
31
either
not
under
the
control
of
its
owner
or
handler
or
behaved
32
aggressively.
33
SERVICE
DOG
ABUSE
——
PENALTIES
AND
RESTITUTION.
Generally,
34
a
person
convicted
of
service
dog
abuse
is
guilty
of
a
simple
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misdemeanor.
However,
a
person
owning
or
possessing
the
1
attacking
dog
is
guilty
of
a
serious
misdemeanor
if
the
attack
2
was
directly
caused
by
the
person’s
willful,
malicious,
or
3
reckless
act;
the
service
dog
was
critically
injured
or
killed;
4
or
the
person
has
been
convicted
three
or
more
times
in
the
5
previous
10
years
of
an
offense
under
the
Code
chapter.
The
6
person
must
also
pay
restitution
to
the
victim
for
certain
7
expenses
incurred
by
the
attack,
including
for
veterinary
care
8
or
for
the
replacement
of
the
service
dog
(see
Code
chapter
9
910).
10
BACKGROUND.
Animal
abuse
is
committed
when
a
person
11
intentionally
causes
an
animal
injury
or
disfigurement
or
kills
12
an
animal.
A
person
committing
animal
abuse
is
guilty
of
an
13
aggravated
misdemeanor
(Code
section
717B.2).
Animal
neglect
14
is
committed
when
a
person
who
confines
an
animal
fails
to
15
properly
care
for
the
animal
or
otherwise
injures
or
kills
an
16
animal
in
a
manner
that
causes
unjustified
suffering.
A
person
17
committing
animal
neglect
is
guilty
of
a
simple
misdemeanor,
18
unless
the
person
intentionally
commits
an
act
which
results
19
in
serious
injury
to
or
the
death
of
the
animal.
In
those
20
circumstances
the
person
is
guilty
of
a
serious
misdemeanor
21
(Code
section
717B.3).
Animal
torture
is
committed
when
a
22
person
inflicts
severe
physical
pain
upon
an
animal
with
a
23
depraved
or
sadistic
intent
to
cause
prolonged
suffering
or
24
death.
For
the
first
conviction,
the
person
is
guilty
of
25
an
aggravated
misdemeanor
and
for
the
second
or
subsequent
26
conviction,
the
person
is
guilty
of
a
class
“D”
felony.
The
27
sentencing
order
must
also
order
the
person
to
submit
to
28
psychological
evaluation
and
treatment
(Code
section
717B.3A).
29
Injury
or
interference
with
a
police
service
dog
is
committed
30
when
a
person
knowingly,
willfully,
or
maliciously
abuses
a
31
police
service
dog.
A
person
committing
the
offense
is
guilty
32
of
a
serious
misdemeanor,
unless
the
person’s
act
involves
33
torture,
serious
injury,
or
death.
In
those
circumstances
the
34
person
is
guilty
of
a
class
“D”
felony
(Code
section
717B.9).
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CRIMINAL
PENALTIES.
A
simple
misdemeanor
is
punishable
by
1
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
2
$65
but
not
more
than
$625
or
by
both.
A
serious
misdemeanor
3
is
punishable
by
confinement
for
no
more
than
one
year
and
a
4
fine
of
at
least
$315
but
not
more
than
$1,875.
An
aggravated
5
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
6
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250.
A
7
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
8
five
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
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