Bill Text: IA SF2138 | 2015-2016 | 86th 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. (See SF 2289.)

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-02-15 - Returned to committee. [SF2138 Detail]

Download: Iowa-2015-SF2138-Introduced.html

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Senate File 2138 - 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 5446XS (8) 86
    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 conclusion must
  1 12 at least be based on clinical indications that if true could
  1 13 reasonably constitute elements of animal abuse in the first
  1 14 degree as described in section 717B.2, subsection 1, animal
  1 15 neglect in the first degree as described in section 717B.2B,
  1 16 subsection 1, or animal torture as described in section
  1 17 717B.3A.  Notwithstanding section 169.3, for purposes of this
  1 18 section, "animal" means the same as defined in section 717B.1.
  1 19    2.  A report shall include, to every extent known by the
  1 20 person completing the report, all of the following:
  1 21    a.  The name and description of the animal.
  1 22    b.  The address and contact information of the owner or other
  1 23 person responsible for the care of the animal.
  1 24    c.  A description of the nature and extent of the indications
  1 25 of animal cruelty.
  1 26    d.  Any evidence indicating that the animal has been
  1 27 subjected to animal cruelty previously.
  1 28    e.  Any other information required by the local law
  1 29 enforcement agency that may be of value in conducting a
  1 30 criminal investigation.
  1 31    3.  The board may prepare and distribute a form for use
  1 32 by a person completing and submitting a report under this
  1 33 section and by a local law enforcement agency filing the
  1 34 report under section 717B.10.  The form shall replace the
  1 35 information required to be completed in subsection 2.  However,
  2  1 the report must at least require the completion of information
  2  2 necessary for a law enforcement officer to interview the person
  2  3 submitting the report and conduct an investigation regarding
  2  4 the commission of a public offense described in subsection
  2  5 1. The board may consult the department of public safety when
  2  6 preparing the form and may publish the form on the internet
  2  7 site of the department of agriculture and land stewardship or
  2  8 the department of public safety.
  2  9    4.  A person participating in good faith in reporting,
  2 10 cooperating with, or assisting a local law enforcement agency
  2 11 in evaluating a case of animal cruelty has immunity from
  2 12 criminal or civil liability or administrative disciplinary
  2 13 action, which might otherwise be incurred or imposed based upon
  2 14 the act of making the report or giving the assistance. The
  2 15 person has the same immunity with respect to participating in
  2 16 good faith in a judicial proceeding resulting from the report,
  2 17 cooperation, or assistance or relating to the subject matter of
  2 18 the report, cooperation, or assistance.
  2 19    Sec. 2.  Section 717B.1, Code 2016, is amended by adding the
  2 20 following new subsections:
  2 21    NEW SUBSECTION.  3A.  a.  "Convicted" means found guilty of,
  2 22 pleads guilty to, or is sentenced or adjudicated delinquent
  2 23 for an act which is an indictable offense in this state or in
  2 24 another state, including but not limited to a juvenile who has
  2 25 been adjudicated delinquent, whether or not the juvenile court
  2 26 records have been sealed under section 232.150, and a person
  2 27 who has received a deferred sentence or a deferred judgment or
  2 28 has been acquitted by reason of insanity.
  2 29    b.  "Convicted" includes the conviction of a juvenile
  2 30 prosecuted as an adult. "Convicted" also includes a conviction
  2 31 for an attempt or conspiracy to commit an offense.
  2 32    c.  "Convicted" does not mean a plea, sentence, adjudication,
  2 33 deferred sentence, or deferred judgment which has been reversed
  2 34 or otherwise set aside.
  2 35    NEW SUBSECTION.  4A.  "Injury" means physical damage or harm
  3  1 to an animal's muscle, tissue, organs, bones, hide, or skin
  3  2 that causes the animal to suffer pain.
  3  3    NEW SUBSECTION.  6A.  "Local law enforcement agency" means
  3  4 an entity established as part of a local authority to serve as
  3  5 a police force responsible for the prevention and detection of
  3  6 crime and enforcement of the criminal laws of this state.
  3  7    NEW SUBSECTION.  8A.  "Serious injury" means an injury that
  3  8 creates a substantial risk of death or that causes protracted
  3  9 disfigurement, protracted impairment of health, or protracted
  3 10 loss or impairment of the function of a limb or organ.
  3 11    Sec. 3.  Section 717B.1, subsection 9, Code 2016, is amended
  3 12 to read as follows:
  3 13    9.  "Threatened animal" means an animal that is abused as
  3 14 provided suffers mistreatment due to animal abuse as described
  3 15  in section 717B.2 or 717B.2A, neglected animal neglect as
  3 16 provided described in section 717B.2B or 717B.3, or tortured
  3 17  animal torture as provided described in section 717B.3A,
  3 18 animal abandonment as described in section 717B.3B, or animal
  3 19 endangerment as described in section 717B.3C.
  3 20    Sec. 4.  Section 717B.2, Code 2016, is amended to read as
  3 21 follows:
  3 22    717B.2  Animal abuse in the first degree == penalties.
  3 23    1.  A person is guilty of animal abuse if the person
  3 24 intentionally injures, maims, disfigures, or destroys an animal
  3 25 owned by another person, in any manner, including intentionally
  3 26 poisoning the animal commits animal abuse in the first degree
  3 27 when the person knowingly or recklessly causes serious injury
  3 28 to an animal by force, violence, or poisoning. A person guilty
  3 29 of animal abuse is guilty of an aggravated misdemeanor.
  3 30    2.  This section shall not apply to conduct engaged in by any
  3 31 of the following:
  3 32    1.  A person acting with the consent of the person owning
  3 33 the animal, unless the action constitutes animal neglect as
  3 34 provided in section 717B.3.
  3 35    2.  a.  A person acting to carry out an order issued by a
  4  1 court.
  4  2    3.  b.  A licensed veterinarian practicing veterinary
  4  3 medicine as provided in chapter 169.
  4  4    4.  c.  A person acting in order to carry out another
  4  5 provision of law which allows the conduct.
  4  6    5.  d.  A person taking, hunting, trapping, or fishing for a
  4  7 wild animal as provided in chapter 481A.
  4  8    6.  e.  A person acting to protect the person's property from
  4  9 a wild animal as defined in section 481A.1.
  4 10    7.  f.  A person acting to protect a person from injury or
  4 11 death caused by a wild animal as defined in section 481A.1.
  4 12    8.  g.  A person reasonably acting to protect the person's
  4 13 property from damage caused by an unconfined animal.
  4 14    9.  h.  A person reasonably acting to protect a person from
  4 15 injury or death caused by an unconfined animal.
  4 16    10.  i.  A local authority reasonably acting to destroy an
  4 17 animal, if at the time of the destruction, the owner of the
  4 18 animal is absent or unable to care for the animal, and the
  4 19 animal is permanently distressed by disease or injury to a
  4 20 degree that would result in severe and prolonged suffering.
  4 21    11.  j.  A research facility, as defined in section 162.2,
  4 22 provided that the research facility performs functions within
  4 23 the scope of accepted practices and disciplines associated with
  4 24 the research facility.
  4 25    3.  A person who commits animal abuse in the first degree is
  4 26 guilty of an aggravated misdemeanor.
  4 27    4.  Notwithstanding subsection 3, a person who commits
  4 28 animal abuse in the first degree is guilty of a class "D"
  4 29 felony under any of the following circumstances:
  4 30    a.  The offense was committed by an adult when a juvenile was
  4 31 physically present.
  4 32    b.  The person has previously been convicted of any of the
  4 33 following:
  4 34    (1)  Animal abuse pursuant to this section or section
  4 35 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3,
  5  1 animal torture pursuant to section 717B.3A, animal abandonment
  5  2 pursuant to section 717B.3B, animal endangerment pursuant
  5  3 to section 717B.3C, injury or interference with a police
  5  4 service dog pursuant to section 717B.9, bestiality pursuant to
  5  5 section 717C.1, or committing an act involving a contest event
  5  6 prohibited in section 717D.4.
  5  7    (2)  An offense under any other state's statute
  5  8 substantially corresponding to an offense described in
  5  9 subparagraph (1).  The court shall judicially notice
  5 10 the statute of another state which defines such offense
  5 11 substantially equivalent to an offense described in
  5 12 subparagraph (1) and can therefore be considered a
  5 13 corresponding statute.
  5 14    Sec. 5.  NEW SECTION.  717B.2A  Animal abuse in the second
  5 15 degree == penalties.
  5 16    1.  A person commits animal abuse in the second degree when
  5 17 the person knowingly or recklessly causes injury to an animal
  5 18 by force, violence, or poisoning.
  5 19    2.  This section shall not apply to conduct engaged in by a
  5 20 person described in section 717B.2, subsection 2.
  5 21    3.  A person who commits animal abuse in the second degree is
  5 22 guilty of a serious misdemeanor.
  5 23    4.  Notwithstanding subsection 3, a person who commits
  5 24 animal abuse in the second degree is guilty of an aggravated
  5 25 misdemeanor under any of the following circumstances:
  5 26    a.  The offense was committed by an adult when a juvenile was
  5 27 physically present.
  5 28    b.  The person has previously been convicted of any of the
  5 29 following:
  5 30    (1)  Animal abuse pursuant to section 717B.2 or this section,
  5 31 animal neglect pursuant to section 717B.2B or 717B.3, animal
  5 32 torture pursuant to section 717B.3A, animal abandonment
  5 33 pursuant to section 717B.3B, animal endangerment pursuant
  5 34 to section 717B.3C, injury or interference with a police
  5 35 service dog pursuant to section 717B.9, bestiality pursuant to
  6  1 section 717C.1, or committing an act involving a contest event
  6  2 prohibited in section 717D.4.
  6  3    (2)  An offense under any other state's statute
  6  4 substantially corresponding to an offense described in
  6  5 subparagraph (1).  The court shall judicially notice
  6  6 the statute of another state which defines such offense
  6  7 substantially equivalent to an offense described in
  6  8 subparagraph (1) and can therefore be considered a
  6  9 corresponding statute.
  6 10    Sec. 6.  NEW SECTION.  717B.2B  Animal neglect in the first
  6 11 degree == penalties.
  6 12    1.  A person commits animal neglect in the first degree when
  6 13 the person owns or has custody of an animal, confines that
  6 14 animal, and causes the animal to suffer serious injury, by
  6 15 failing to reasonably provide any of the following:
  6 16    a.  Access to food in an amount and quality sufficient to
  6 17 satisfy the animal's basic nutrition level.
  6 18    b.  Access to a supply of potable water in an amount
  6 19 sufficient to satisfy the animal's basic hydration level.
  6 20 Access to snow or ice does not satisfy this requirement.
  6 21    c.  Sanitary conditions free from excessive animal waste or
  6 22 the overcrowding of animals.
  6 23    d.  Adequate shelter sufficient to provide the animal with
  6 24 protection from extreme weather conditions, including but not
  6 25 limited to sun, wind, rain, snow, ice, or standing water.
  6 26    2.  This section does not apply to any of the following:
  6 27    a.  A person acting to carry out another provision of law
  6 28 which allows the conduct.
  6 29    b.  A research facility, as defined in section 162.2,
  6 30 provided that the research facility performs functions within
  6 31 the scope of accepted practices and disciplines associated with
  6 32 the research facility.
  6 33    3.  A person who commits animal neglect in the first degree
  6 34 is guilty of an aggravated misdemeanor.
  6 35    4.  Notwithstanding subsection 3, a person who commits
  7  1 animal neglect in the first degree is guilty of a class "D"
  7  2 felony under any of the following circumstances:
  7  3    a.  The offense was committed by an adult when a juvenile was
  7  4 physically present.
  7  5    b.  The person has previously been convicted of any of the
  7  6 following:
  7  7    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
  7  8 animal neglect pursuant to this section or section 717B.3,
  7  9 animal torture pursuant to section 717B.3A, animal abandonment
  7 10 pursuant to section 717B.3B, animal endangerment pursuant
  7 11 to section 717B.3C, injury or interference with a police
  7 12 service dog pursuant to section 717B.9, bestiality pursuant to
  7 13 section 717C.1, or committing an act involving a contest event
  7 14 prohibited in section 717D.4.
  7 15    (2)  An offense under any other state's statute
  7 16 substantially corresponding to an offense described in
  7 17 subparagraph (1).  The court shall judicially notice
  7 18 the statute of another state which defines such offense
  7 19 substantially equivalent to an offense described in
  7 20 subparagraph (1) and can therefore be considered a
  7 21 corresponding statute.
  7 22    Sec. 7.  Section 717B.3, Code 2016, is amended to read as
  7 23 follows:
  7 24    717B.3  Animal neglect in the second degree == penalties.
  7 25    1.  A person who impounds or commits animal neglect in
  7 26 the second degree when the person owns or has custody of an
  7 27 animal, confines, in any place, an that animal, is guilty of
  7 28 animal neglect if the person does and causes the animal to
  7 29 suffer injury, by failing to reasonably provide any of the
  7 30 following:
  7 31    a.  Fails to supply the animal during confinement with a
  7 32 sufficient quantity of food or water.  Access to food in an
  7 33 amount and quality sufficient to satisfy the animal's basic
  7 34 nutrition level.
  7 35    b.  Fails to provide a confined dog or cat with adequate
  8  1 shelter.  Access to a supply of potable water in an amount
  8  2 sufficient to satisfy the animal's basic hydration level.
  8  3 Access to snow or ice does not satisfy this requirement.
  8  4    c.  Tortures, deprives of necessary sustenance, mutilates,
  8  5 beats, or kills an animal by any means which causes unjustified
  8  6 pain, distress, or suffering.  Sanitary conditions free from
  8  7 excessive animal waste or the overcrowding of animals.
  8  8    d.  Adequate shelter sufficient to provide the animal with
  8  9 protection from extreme weather conditions, including but not
  8 10 limited to sun, wind, rain, snow, ice, or standing water.
  8 11    2.  This section does not apply to a any of the following:
  8 12    a.  A person acting to carry out another provision of law
  8 13 which allows the conduct.
  8 14    b.  A research facility, as defined in section 162.2,
  8 15 provided that the research facility performs functions within
  8 16 the scope of accepted practices and disciplines associated with
  8 17 the research facility.
  8 18    3.  A person who negligently or intentionally commits the
  8 19 offense of animal neglect in the second degree is guilty of
  8 20 a simple serious misdemeanor. A person who intentionally
  8 21 commits the offense of animal neglect which results in serious
  8 22 injury to or the death of an animal is guilty of a serious
  8 23 misdemeanor.
  8 24    4.  Notwithstanding subsection 3, a person who commits
  8 25 animal neglect in the second degree is guilty of an aggravated
  8 26 misdemeanor under any of the following circumstances:
  8 27    a.  The offense was committed by an adult when a juvenile was
  8 28 physically present.
  8 29    b.  The person has previously been convicted of any of the
  8 30 following:
  8 31    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
  8 32 animal neglect pursuant to section 717B.2B or this section,
  8 33 animal torture pursuant to section 717B.3A, animal abandonment
  8 34 pursuant to section 717B.3B, animal endangerment pursuant
  8 35 to section 717B.3C, injury or interference with a police
  9  1 service dog pursuant to section 717B.9, bestiality pursuant to
  9  2 section 717C.1, or committing an act involving a contest event
  9  3 prohibited in section 717D.4.
  9  4    (2)  An offense under any other state's statute
  9  5 substantially corresponding to an offense described in
  9  6 subparagraph (1).  The court shall judicially notice
  9  7 the statute of another state which defines such offense
  9  8 substantially equivalent to an offense described in
  9  9 subparagraph (1) and can therefore be considered a
  9 10 corresponding statute.
  9 11    Sec. 8.  Section 717B.3A, Code 2016, is amended to read as
  9 12 follows:
  9 13    717B.3A  Animal torture == penalties.
  9 14    1.  A person is guilty of animal torture, regardless of
  9 15 whether the person is the owner of the animal, if when the
  9 16 person inflicts upon the animal severe and prolonged or
  9 17 repeated physical pain with a depraved or sadistic intent to
  9 18 cause that results in the animal's prolonged suffering and
  9 19 serious injury or death.
  9 20    2.  This section shall not apply to conduct engaged in by any
  9 21 of the following:
  9 22    a.  A person acting to carry out an order issued by a court.
  9 23    b.  A licensed veterinarian practicing veterinary medicine as
  9 24 provided in chapter 169.
  9 25    c.  A person carrying out a practice that is consistent with
  9 26 animal husbandry practices.
  9 27    d.  A person acting in order to carry out another provision
  9 28 of law which allows the conduct.
  9 29    e.  A person taking, hunting, trapping, or fishing for a wild
  9 30 animal as provided in chapter 481A.
  9 31    f.  A person acting to protect the person's property from a
  9 32 wild animal as defined in section 481A.1.
  9 33    g.  A person acting to protect a person from injury or death
  9 34 caused by a wild animal as defined in section 481A.1.
  9 35    h.  A person reasonably acting to protect the person's
 10  1 property from damage caused by an unconfined animal.
 10  2    i.  A person reasonably acting to protect a person from
 10  3 injury or death caused by an unconfined animal.
 10  4    j.  A local authority reasonably acting to destroy an animal,
 10  5 if at the time of the destruction, the owner of the animal is
 10  6 absent or unable to care for the animal, and the animal is
 10  7 permanently distressed by disease or injury to a degree that
 10  8 would result in severe and prolonged suffering.
 10  9    k.  A research facility, as defined in section 162.2,
 10 10 provided that the research facility performs functions within
 10 11 the scope of accepted practices and disciplines associated with
 10 12 the research facility.
 10 13    3.a.  The following shall apply to a person who commits
 10 14 animal torture:
 10 15    (1)  For the first conviction, the person is guilty of an
 10 16 aggravated misdemeanor. The sentencing order shall provide
 10 17 that the person submit to psychological evaluation and
 10 18 treatment according to terms required by the court. The costs
 10 19 of the evaluation and treatment shall be paid by the person.
 10 20 In addition, the sentencing order shall provide that the person
 10 21 complete a community work requirement, which may include a work
 10 22 requirement performed at an animal shelter or pound, as defined
 10 23 in section 162.2, according to terms required by the court.
 10 24    (2)  For a second or subsequent conviction, the person is
 10 25 guilty of a class "D" felony. The sentencing order shall
 10 26 provide that the person submit to psychological evaluation and
 10 27 treatment according to terms required by the court. The costs
 10 28 of the psychological evaluation and treatment shall be paid by
 10 29 the person.
 10 30    b.  The juvenile court shall have exclusive original
 10 31 jurisdiction in a proceeding concerning a child who is alleged
 10 32 to have committed animal torture, in the manner provided in
 10 33 section 232.8. The juvenile court shall not waive jurisdiction
 10 34 in a proceeding concerning an offense alleged to have been
 10 35 committed by a child under the age of seventeen.
 11  1    4.  A person who commits animal torture is guilty of a class
 11  2 "D" felony.
 11  3    5.  Notwithstanding subsection 4, a person who commits
 11  4 animal torture is guilty of a class "C" felony under any of the
 11  5 following circumstances:
 11  6    a.  The offense was committed by an adult when a juvenile was
 11  7 physically present.
 11  8    b.  The person has previously been convicted of any of the
 11  9 following:
 11 10    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
 11 11 animal neglect pursuant to section 717B.2B or 717B.3, animal
 11 12 torture pursuant to this section, animal abandonment pursuant
 11 13 to section 717B.3B, animal endangerment pursuant to section
 11 14 717B.3C, injury or interference with a police service dog
 11 15 pursuant to section 717B.9, bestiality pursuant to section
 11 16 717C.1, or committing an act involving a contest event
 11 17 prohibited in section 717D.4.
 11 18    (2)  An offense under any other state's statute
 11 19 substantially corresponding to an offense described in
 11 20 subparagraph (1).  The court shall judicially notice
 11 21 the statute of another state which defines such offense
 11 22 substantially equivalent to an offense described in
 11 23 subparagraph (1) and can therefore be considered a
 11 24 corresponding statute.
 11 25    Sec. 9.  NEW SECTION.  717B.3B  Animal abandonment ==
 11 26 penalties.
 11 27    1.  A person commits animal abandonment when the person does
 11 28 all of the following:
 11 29    a.  Knowingly or recklessly relinquishes custody of an animal
 11 30 at a location in which the person does not hold a legal or
 11 31 equitable interest.
 11 32    b.  Fails to do any of the following:
 11 33    (1)  Legally transfer the animal to another person.
 11 34    (2)  Make reasonable arrangements for the transfer of
 11 35 custody of the animal to a person who agrees to assume custody
 12  1 of the animal.
 12  2    (3)  Make other reasonable arrangements for the care of the
 12  3 animal in a manner that would not constitute animal neglect in
 12  4 the first degree under section 717B.2B, subsection 1.
 12  5    2.  A person who commits animal abandonment is guilty of a
 12  6 simple misdemeanor.
 12  7    3.  Notwithstanding subsection 2, a person who commits
 12  8 animal abandonment is guilty of a serious misdemeanor under any
 12  9 of the following circumstances:
 12 10    a.  The offense was committed by an adult when a juvenile was
 12 11 physically present.
 12 12    b.  The person has previously been convicted of any of the
 12 13 following:
 12 14    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
 12 15 animal neglect pursuant to section 717B.2B or 717B.3, animal
 12 16 torture pursuant to section 717B.3A, animal abandonment
 12 17 pursuant to this section, animal endangerment pursuant to
 12 18 section 717B.3C, injury or interference with a police service
 12 19 dog pursuant to section 717B.9, bestiality pursuant to
 12 20 section 717C.1, or committing an act involving a contest event
 12 21 prohibited in section 717D.4.
 12 22    (2)  An offense under any other state's statute
 12 23 substantially corresponding to an offense described in
 12 24 subparagraph (1).  The court shall judicially notice
 12 25 the statute of another state which defines such offense
 12 26 substantially equivalent to an offense described in
 12 27 subparagraph (1) and can therefore be considered a
 12 28 corresponding statute.
 12 29    Sec. 10.  NEW SECTION.  717B.3C  Animal endangerment ==
 12 30 penalties.
 12 31    1.  A person commits animal endangerment when the person
 12 32 confines an animal in a stationary motor vehicle in a manner
 12 33 that endangers the health or life of the animal by exposing the
 12 34 animal to a prolonged period of extreme interior temperature or
 12 35 a long period without adequate ventilation.
 13  1    2.  A person who commits animal endangerment is guilty of a
 13  2 simple misdemeanor.
 13  3    3.  Notwithstanding subsection 2, a person who commits
 13  4 animal endangerment is guilty of a serious misdemeanor under
 13  5 any of the following circumstances:
 13  6    a.  The offense was committed by an adult when a juvenile was
 13  7 physically present.
 13  8    b.  The person has previously been convicted of any of the
 13  9 following:
 13 10    (1)  Animal abuse pursuant to section 717B.2 or 717B.2A,
 13 11 animal neglect pursuant to section 717B.2B or 717B.3, animal
 13 12 torture pursuant to section 717B.3A, animal abandonment
 13 13 pursuant to this section, animal endangerment pursuant to
 13 14 this section, injury or interference with a police service
 13 15 dog pursuant to section 717B.9, bestiality pursuant to
 13 16 section 717C.1, or committing an act involving a contest event
 13 17 prohibited in section 717D.4.
 13 18    (2)  An offense under any other state's statute
 13 19 substantially corresponding to an offense described in
 13 20 subparagraph (1).  The court shall judicially notice
 13 21 the statute of another state which defines such offense
 13 22 substantially equivalent to an offense described in
 13 23 subparagraph (1) and can therefore be considered a
 13 24 corresponding statute.
 13 25    Sec. 11.  NEW SECTION.  717B.3D  Animal mistreatment == court
 13 26 order == evaluation and treatment.
 13 27    1.  At the time of a person's conviction for a public
 13 28 offense committed under this chapter, a court may enter an
 13 29 order requiring the person to undergo a psychological or
 13 30 psychiatric evaluation and to undergo any treatment that the
 13 31 court determines to be appropriate after due consideration of
 13 32 the evaluation. However, the court shall enter such an order
 13 33 if the convicted person is any of the following:
 13 34    a.  A juvenile.
 13 35    b.  An adult committing animal abuse pursuant to section
 14  1 717B.2 or 717B.2A, animal neglect in the first degree pursuant
 14  2 to section 717B.2B, animal neglect in the second degree
 14  3 punishable as an aggravated misdemeanor pursuant to section
 14  4 717B.3, or animal torture pursuant to section 717B.3A.
 14  5    2.  The costs of undergoing a psychological or psychiatric
 14  6 evaluation and undergoing any treatment ordered by the court
 14  7 shall be borne by the convicted person, unless the person is
 14  8 a juvenile.
 14  9    3.  An order made under this section is in addition to any
 14 10 other order or sentence of the court.
 14 11    4.  Any violation of the court order shall be punished as
 14 12 contempt of court pursuant to chapter 665.
 14 13    Sec. 12.  NEW SECTION.  717B.3E  Animal mistreatment ==
 14 14 sentencing order == prohibitions.
 14 15    1.  Upon the time of a person's sentencing for a public
 14 16 offense committed under this chapter, a court may prohibit the
 14 17 person from owning or obtaining custody of an animal belonging
 14 18 to the same taxonomic genus as the animal that the defendant
 14 19 is convicted of mistreating, or residing in the same dwelling
 14 20 where such animal is kept.  The period of the prohibition shall
 14 21 be not less than one but not more than five years.
 14 22    2.  Notwithstanding subsection 1, the court shall enter such
 14 23 an order if the convicted person has committed animal abuse
 14 24 pursuant to section 717B.2 or 717B.2A, animal neglect in the
 14 25 first degree pursuant to section 717B.2B, animal neglect in the
 14 26 second degree punishable as an aggravated misdemeanor pursuant
 14 27 to section 717B.3, or animal torture pursuant to section
 14 28 717B.3A.  The period of such prohibition shall be as follows:
 14 29    a.  For an aggravated misdemeanor, from one to five years.
 14 30    b.  For a class "D" felony, from five to fifteen years.
 14 31    c.  For a class "C" felony, for life.
 14 32    3.  The duration of a prohibition described in this
 14 33 section commences on the date that the person is placed on
 14 34 probation, released on parole or work release, or released from
 14 35 incarceration or from placement in a juvenile facility.
 15  1    4.  An order made pursuant to this section is in addition to
 15  2 any other order or sentence of the court.
 15  3    5.  Any violation of the court order described in this
 15  4 section is a public offense and shall be punished as a simple
 15  5 misdemeanor.
 15  6    Sec. 13.  Section 717B.5, subsection 1, Code 2016, is amended
 15  7 to read as follows:
 15  8    1.  The rescue must be made by a law enforcement officer
 15  9 having cause to believe that the animal is a threatened animal
 15 10 after consulting with a veterinarian licensed pursuant to
 15 11 chapter 169.  An animal cruelty report filed with a local
 15 12 law enforcement agency pursuant to section 717B.10 is not a
 15 13 substitute for consulting with a licensed veterinarian. The
 15 14 law enforcement officer may rescue the animal by entering on
 15 15 public or private property, as provided in this subsection.
 15 16 The law enforcement officer may enter onto property of a person
 15 17 to rescue the animal if the officer obtains a search warrant
 15 18 issued by a court, or enters onto the premises in a manner
 15 19 consistent with the laws of this state and the United States,
 15 20 including Article I, section 8, of the Constitution of the
 15 21 State of Iowa, or the fourth amendment to the Constitution of
 15 22 the United States.
 15 23    Sec. 14.  NEW SECTION.  717B.5A  Rescue == motor vehicles.
 15 24    1.  A law enforcement officer may rescue an animal from a
 15 25 stationary motor vehicle, including through the use of forced
 15 26 entrance, if the law enforcement officer reasonably believes
 15 27 that the animal may be suffering distress due to exposure to
 15 28 extreme interior temperature or a lack of adequate ventilation.
 15 29 The law enforcement officer's action is justified regardless
 15 30 of whether the law enforcement officer observed indications
 15 31 of distress or whether the person could be charged with or
 15 32 convicted of committing a public offense.
 15 33    2.  The law enforcement officer shall provide written
 15 34 notice of the rescue to the animal's responsible party. This
 15 35 requirement is satisfied by placing the notice in a conspicuous
 16  1 place located within the motor vehicle. The notice must state
 16  2 where the rescued animal may be claimed.
 16  3    3.  The local authority shall provide for the maintenance
 16  4 of the rescued animal as if it were a threatened animal under
 16  5 section 717B.5. However, no dispositional proceeding under
 16  6 section 717B.4 is required if within ten days after the date
 16  7 of the animal's rescue the responsible party claims the animal
 16  8 from the local authority.  In order to claim the animal, the
 16  9 responsible party must reimburse the local authority for all
 16 10 reasonable costs that accrued from rescuing and maintaining the
 16 11 animal.
 16 12    Sec. 15.  NEW SECTION.  717B.10  Animal cruelty report.
 16 13    A local law enforcement agency shall accept and file an
 16 14 animal cruelty report submitted by a person as provided in
 16 15 section 169.21.  The report may be used as the basis for an
 16 16 investigation or criminal complaint or information under this
 16 17 chapter, or for determining whether to perform a rescue under
 16 18 section 717B.5.
 16 19    Sec. 16.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
 16 20 3, shall not apply to this Act.
 16 21    Sec. 17.  REPEAL.  Section 717B.8, Code 2016, is repealed.
 16 22                           EXPLANATION
 16 23 The inclusion of this explanation does not constitute agreement with
 16 24 the explanation's substance by the members of the general assembly.
 16 25    GENERAL.  This bill amends Code chapter 717B prohibiting
 16 26 the mistreatment of certain animals, including dogs and cats,
 16 27 but excluding other animals such as livestock (Code chapter
 16 28 717); game, fur=bearing animals, fish, reptiles, or amphibians
 16 29 (Code chapter 481A), unless such animal is owned, confined,
 16 30 or controlled by a person; or a nongame animal declared to be
 16 31 a nuisance by the natural resource commission (Code section
 16 32 481A.42).
 16 33    There are seven amended or new criminal offenses, including
 16 34 animal abuse in the first or second degree (amended Code
 16 35 section 717B.2 and new Code section 717B.2A), animal neglect
 17  1 in the first or second degree (new Code section 717B.2B
 17  2 and amended Code section 717B.3), animal torture (amended
 17  3 Code section 717B.3A), animal abandonment (new Code section
 17  4 717B.3B), and animal endangerment (new Code section 717B.3C).
 17  5 Each of the amended or new offenses includes an enhanced
 17  6 penalty that applies to a convicted person in either of two
 17  7 situations:  (1) the person is an adult who committed the
 17  8 offense in the presence of a juvenile or (2) the person has
 17  9 previously committed any of the offenses previously described;
 17 10 committed injury or interference with a police service dog
 17 11 (Code section 717B.9); committed bestiality (Code section
 17 12 717C.1); committed an offense involving animal fighting (Code
 17 13 section 717D.4); or committed any similar offense in another
 17 14 state.
 17 15    TYPES OF CRIMINAL OFFENSES BASED ON OBSERVED INJURY.  Animal
 17 16 abuse involves injuring an animal by violence or poisoning;
 17 17 animal neglect involves failing to provide an animal with
 17 18 adequate food, water, or habitable conditions; and animal
 17 19 torture involves inflicting upon the animal severe and
 17 20 prolonged or repeated physical pain.  For animal abuse in
 17 21 the first or second degree, animal neglect in the first or
 17 22 second degree, or animal torture, the animal must suffer a
 17 23 serious injury meaning a substantial risk of death, protracted
 17 24 disfigurement, impairment, or a loss or impairment of a limb.
 17 25 For animal abuse in the second degree or animal neglect in
 17 26 the second degree, the animal must suffer some injury to the
 17 27 animal's body. For these observable injury=related offenses,
 17 28 the criminal penalties are as follows:  (1) animal abuse
 17 29 in the first degree, an aggravated misdemeanor which may
 17 30 be enhanced to a class "D" felony; (2) animal abuse in the
 17 31 second degree, a serious misdemeanor which may be enhanced to
 17 32 an aggravated misdemeanor; (3) animal neglect in the first
 17 33 degree, an aggravated misdemeanor which may be enhanced to a
 17 34 class "D" felony; (4)  animal neglect in the second degree, a
 17 35 serious misdemeanor which may be enhanced to an aggravated
 18  1 misdemeanor; and (5) animal torture, a class "D" felony which
 18  2 may be enhanced to a class "C" felony.
 18  3    A number of exceptions apply to the animal abuse and animal
 18  4 torture offenses, including carrying out (1) a court order; (2)
 18  5 a veterinary practice; (3) a good animal husbandry practice;
 18  6 (4) another provision of law; (5) legally hunting, trapping,
 18  7 or fishing; (6) a defense of property or life; (7) conduct
 18  8 by a local authority; and (8) research activities.  The bill
 18  9 eliminates a provision in the current abuse Code section that
 18 10 excepts an animal's owner from culpability.  The bill also
 18 11 eliminates an element of animal torture that requires proof of
 18 12 sadistic or depraved intent.
 18 13    TYPES OF CRIMINAL OFFENSES NOT BASED ON AN OBSERVED INJURY.
 18 14 For animal abandonment, a person must knowingly or recklessly
 18 15 relinquish custody of an animal, and then fail to provide for
 18 16 its legal transfer or make arrangements for its care. For
 18 17 animal endangerment, a person must confine an animal in a
 18 18 stationary motor vehicle in a manner that endangers the health
 18 19 or life of the animal. For these last two offenses, the
 18 20 criminal penalties are the same: a simple misdemeanor which
 18 21 may be enhanced to a serious misdemeanor.
 18 22    APPLICABLE CRIMINAL PENALTIES.  The criminal penalties are
 18 23 as follows:  (1) simple misdemeanor,  confinement for no more
 18 24 than 30 days or a fine of at least $65 but not more than $625 or
 18 25 by both; (2)  serious misdemeanor, confinement for no more than
 18 26 one year and a fine of at least $315 but not more than $1,875;
 18 27 (3) aggravated misdemeanor, confinement for no more than two
 18 28 years and a fine of at least $625 but not more than $6,250; (4)
 18 29 class "D" felony, confinement for no more than five years and a
 18 30 fine of at least $750 but not more than $7,500; and (5) class
 18 31 "C" felony, confinement for no more than 10 years and a fine of
 18 32 at least $1,000 but not more than $10,000.
 18 33    COURT ORDERS.  At the time of conviction for committing
 18 34 any of the offenses, a person may be subject to a court order
 18 35 requiring a psychological or psychiatric evaluation and
 19  1 treatment.  The person may also be subject to a court order
 19  2 prohibiting the person from owning, possessing, or living with
 19  3 an animal of the same genus as the mistreated animal.  In each
 19  4 case, the court's decision to issue an order is discretionary
 19  5 except under certain conditions.  A court order requiring an
 19  6 evaluation and treatment is mandatory for juveniles.  That
 19  7 order and the order prohibiting contact with animals is
 19  8 also mandatory if the offense is punishable as an aggravated
 19  9 misdemeanor or felony.  For a discretionary court order,
 19 10 the  period of prohibition is from one to five years.  For a
 19 11 mandatory court order, the period of prohibition is as follows:
 19 12 (1)  one to five years for an aggravated misdemeanor, (2) 5 to
 19 13 15 years for a class "D" felony, and (3) life for a class "C"
 19 14 felony.
 19 15    ANIMAL RESCUE.  A law enforcement officer (e.g., county
 19 16 sheriff or deputy sheriff) is authorized to rescue an animal
 19 17 from a motor vehicle based upon the officer's reasonable belief
 19 18 that the animal may be suffering distress.  The officer must
 19 19 provide a written notice of the rescue.  After the rescue, the
 19 20 animal must be maintained as a rescued animal by the local
 19 21 authority until it is claimed or disposed of pursuant to court
 19 22 order.
 19 23    MANDATORY REPORTING.  A veterinarian is required to report
 19 24 cases in which an animal may have suffered a serious injury due
 19 25 to animal abuse, animal neglect, or animal torture.  The board
 19 26 of veterinary medicine may prescribe the form of the report.
 19 27 The report must be submitted to the local law enforcement
 19 28 agency  having jurisdiction of the matter.
 19 29    STATE MANDATE.  The bill may include a state mandate as
 19 30 defined in Code section 25B.3.  The bill makes inapplicable
 19 31 Code section 25B.2, subsection 3, which would relieve a
 19 32 political subdivision from complying with a state mandate if
 19 33 funding for the cost of the state mandate is not provided or
 19 34 specified.  Therefore, political subdivisions are required to
 19 35 comply with any state mandate included in the bill.
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