Bill Text: IA SF2181 | 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 for the rescue of animals by local law enforcement agencies, providing for criminal offenses and court orders, and including penalties. (Formerly SF 313, SF 421.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. S.J. 692. [SF2181 Detail]

Download: Iowa-2017-SF2181-Introduced.html

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Senate File 2181 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 421)
                                 (SUCCESSOR TO SF 313)

                                      A BILL FOR

  1 An Act prohibiting the mistreatment of animals other than
  2    livestock and wild animals, providing for the rescue of
  3    animals by local law enforcement agencies, providing for
  4    criminal offenses and court orders, and including penalties.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2385SZ (4) 87
    da/rj

PAG LIN



  1  1    Section 1.  Section 717B.1, Code 2018, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  2A.  "Animal control officer" means a person
  1  4 employed, contracted, or appointed by a local authority to
  1  5 assist in the enforcement of chapter 162, this chapter, or any
  1  6 other law or ordinance relating to the licensing of animals,
  1  7 control of animals, or the seizure and impoundment of animals.
  1  8    NEW SUBSECTION.  3A.  a.  "Convicted" means found guilty of,
  1  9 pleads guilty to, or is sentenced or adjudicated delinquent
  1 10 for an act which is an indictable offense in this state or in
  1 11 another state, including but not limited to a juvenile who has
  1 12 been adjudicated delinquent, whether or not the juvenile court
  1 13 records have been sealed under section 232.150, and a person
  1 14 who has received a deferred sentence or a deferred judgment or
  1 15 has been acquitted by reason of insanity.
  1 16    b.  "Convicted" includes the conviction of a juvenile
  1 17 prosecuted as an adult. "Convicted" also includes a conviction
  1 18 for an attempt or conspiracy to commit an offense.
  1 19    c.  "Convicted" does not mean a plea, sentence, adjudication,
  1 20 deferred sentence, or deferred judgment which has been reversed
  1 21 or otherwise set aside.
  1 22    NEW SUBSECTION.  4A.  "Injury" means an impairment to an
  1 23 animal's health or functions, including physical damage or harm
  1 24 to an animal's muscle, tissue, organs, bones, hide, or skin,
  1 25 that causes the animal to suffer pain.
  1 26    NEW SUBSECTION.  8A.  "Serious injury" means an injury that
  1 27 creates a substantial risk of death or that causes protracted
  1 28 disfigurement, protracted impairment of health, or protracted
  1 29 loss or impairment of the function of a limb or organ.
  1 30    Sec. 2.  Section 717B.1, subsection 9, Code 2018, is amended
  1 31 to read as follows:
  1 32    9.  "Threatened animal" means an animal that is abused as
  1 33 provided suffers mistreatment due to animal abuse as described
  1 34  in section 717B.2, neglected animal neglect as provided
  1 35  described in section 717B.3, or tortured animal torture as
  2  1 provided described in section 717B.3A, animal abandonment
  2  2 as described in section 717B.3B, or animal endangerment as
  2  3 described in section 717B.3C.
  2  4    Sec. 3.  Section 717B.2, Code 2018, is amended to read as
  2  5 follows:
  2  6    717B.2  Animal abuse ==== penalties.
  2  7    1.  A person is guilty of animal abuse if the person
  2  8 intentionally injures, maims, disfigures, or destroys an animal
  2  9 owned by another person, in any manner, including intentionally
  2 10 poisoning the animal commits animal abuse when the person
  2 11 knowingly or recklessly causes injury, serious injury, or death
  2 12 to an animal by force, violence, or poisoning. A person guilty
  2 13 of animal abuse is guilty of an aggravated misdemeanor.
  2 14    2.  This section shall not apply to conduct engaged in by any
  2 15 of the following:
  2 16    1.  A person acting with the consent of the person owning
  2 17 the animal, unless the action constitutes animal neglect as
  2 18 provided in section 717B.3.
  2 19    2.  a.  A person acting to carry out an order issued by a
  2 20 court.
  2 21    3.  b.  A licensed veterinarian practicing veterinary
  2 22 medicine as provided in chapter 169.
  2 23    4.  c.  A person acting in order to carry out another
  2 24 provision of law which allows the conduct.
  2 25    5.  d.  A person taking, hunting, trapping, or fishing for a
  2 26 wild animal as provided in chapter 481A.
  2 27    6.  e.  A person acting to protect the person's property from
  2 28 a wild animal as defined in section 481A.1.
  2 29    7.  f.  A person acting to protect a person from injury or
  2 30 death caused by a wild animal as defined in section 481A.1.
  2 31    8.  g.  A person reasonably acting reasonably to protect the
  2 32 person's property from damage caused by an unconfined animal.
  2 33    9.  h.  A person reasonably acting reasonably to protect a
  2 34 person from injury or death caused by an unconfined animal.
  2 35    10.  i.  A local authority reasonably acting reasonably to
  3  1 destroy an animal, if at the time of the destruction, the owner
  3  2 of the animal is absent or unable to care for the animal, and
  3  3 the animal is permanently distressed by disease or injury to a
  3  4 degree that would result in severe and prolonged suffering.
  3  5    11.  j.  A research facility, as defined in section 162.2,
  3  6 provided that the research facility performs functions within
  3  7 the scope of accepted practices and disciplines associated with
  3  8 the research facility.
  3  9    3.  A person who commits animal abuse that does not cause
  3 10 serious injury or death to an animal is guilty of a serious
  3 11 misdemeanor.
  3 12    4.  A person who commits animal abuse that causes serious
  3 13 injury or death to an animal is guilty of an aggravated
  3 14 misdemeanor.
  3 15    5.  Notwithstanding subsection 4, a person who commits
  3 16 animal abuse that causes serious injury or death to an animal
  3 17 is guilty of a class "D" felony if the person has previously
  3 18 been convicted of committing animal abuse pursuant to this
  3 19 section, animal neglect pursuant to section 717B.3, animal
  3 20 torture pursuant to section 717B.3A, animal abandonment
  3 21 pursuant to section 717B.3B, animal endangerment pursuant
  3 22 to section 717B.3C, injury to or interference with a police
  3 23 service dog pursuant to section 717B.9, bestiality pursuant to
  3 24 section 717C.1, or an act involving a contest event prohibited
  3 25 in section 717D.2.
  3 26    Sec. 4.  Section 717B.3, Code 2018, is amended to read as
  3 27 follows:
  3 28    717B.3  Animal neglect ==== penalties.
  3 29    1.  A person who impounds or commits animal neglect when
  3 30 the person owns or has custody of an animal, confines, in any
  3 31 place, an that animal, is guilty of animal neglect if the
  3 32 person does any of the following:
  3 33    a.  Fails and fails to supply the animal during confinement
  3 34 with a sufficient quantity of food or water. reasonably provide
  3 35 the animal with any of the following:
  4  1    a.  Access to food in an amount and quality sufficient to
  4  2 satisfy the animal's basic nutrition level.
  4  3    b.  Fails to provide a confined dog or cat with adequate
  4  4 shelter.  Access to a supply of potable water in an amount
  4  5 sufficient to satisfy the animal's basic hydration level.
  4  6 Access to snow or ice does not satisfy this requirement.
  4  7    c.  Tortures, deprives of necessary sustenance, mutilates,
  4  8 beats, or kills an animal by any means which causes unjustified
  4  9 pain, distress, or suffering.  Sanitary conditions free from
  4 10 excessive animal waste or the overcrowding of animals.
  4 11    d.  Ventilated shelter sufficient to provide adequate
  4 12 protection from the elements and weather conditions suitable
  4 13 for the age, species, and physical condition of the animal
  4 14 so as to maintain the animal in a state of good health. The
  4 15 shelter must protect the animal from wind, rain, snow, or sun
  4 16 and have adequate bedding to provide protection against cold
  4 17 and dampness. A shelter may include a residence, garage, barn,
  4 18 shed, or doghouse.
  4 19    e.  Grooming, to the extent reasonably necessary to prevent
  4 20 adverse health effects or suffering.
  4 21    f.  Veterinary care deemed necessary by a reasonably
  4 22 prudent person to relieve an animal's distress from any of the
  4 23 following: 
  4 24    (1)  A condition caused by failing to provide for the
  4 25 animal's welfare as described in paragraphs "a" through "f".
  4 26    (2)  An injury or illness suffered by the animal causing the
  4 27 animal to suffer prolonged pain and suffering.
  4 28    2.  This section does not apply to a research facility, as
  4 29 defined in section 162.2, provided that the research facility
  4 30 performs functions within the scope of accepted practices and
  4 31 disciplines associated with the research facility.
  4 32    3.  A person who negligently or intentionally commits the
  4 33 offense of animal neglect that does not cause injury or death
  4 34 to an animal is guilty of a simple misdemeanor. A person who
  4 35 intentionally commits the offense of animal neglect which
  5  1 results in serious injury to or the death of an animal is
  5  2 guilty of a serious misdemeanor.
  5  3    4.  A person who commits animal neglect that causes injury
  5  4 other than serious injury or death to an animal is guilty of a
  5  5 serious misdemeanor.
  5  6    5.  A person who commits animal neglect which causes serious
  5  7 injury or death to an animal is guilty of an aggravated
  5  8 misdemeanor.
  5  9    6.  Notwithstanding subsection 5, a person who commits
  5 10 animal neglect which causes serious injury or death to an
  5 11 animal is guilty of a class "D" felony if the person has been
  5 12 previously convicted of animal abuse pursuant to section
  5 13 717B.2, animal neglect pursuant to this section, animal torture
  5 14 pursuant to section 717B.3A, animal abandonment pursuant to
  5 15 section 717B.3B, animal endangerment pursuant to section
  5 16 717B.3C, injury to or interference with a police service dog
  5 17 pursuant to section 717B.9, bestiality pursuant to section
  5 18 717C.1, or an act involving a contest event prohibited in
  5 19 section 717D.2.
  5 20    Sec. 5.  Section 717B.3A, Code 2018, is amended to read as
  5 21 follows:
  5 22    717B.3A  Animal torture ==== penalties.
  5 23    1.  A person is guilty of animal torture, regardless of
  5 24 whether the person is the owner of the animal, if when the
  5 25 person inflicts upon the animal severe and prolonged or
  5 26 repeated physical pain with a depraved or sadistic intent to
  5 27 cause that results in the animal's prolonged suffering and
  5 28 serious injury or death.
  5 29    2.  This section shall not apply to conduct engaged in by any
  5 30 of the following:
  5 31    a.  A person acting to carry out an order issued by a court.
  5 32    b.  A licensed veterinarian practicing veterinary medicine as
  5 33 provided in chapter 169.
  5 34    c.  A person carrying out a practice that is consistent with
  5 35 animal husbandry practices.
  6  1    d.  A person acting in order to carry out another provision
  6  2 of law which allows the conduct.
  6  3    e.  A person taking, hunting, trapping, or fishing for a wild
  6  4 animal as provided in chapter 481A.
  6  5    f.  A person acting to protect the person's property from a
  6  6 wild animal as defined in section 481A.1.
  6  7    g.  A person acting to protect a person from injury or death
  6  8 caused by a wild animal as defined in section 481A.1.
  6  9    h.  A person reasonably acting reasonably to protect the
  6 10 person's property from damage caused by an unconfined animal.
  6 11    i.  A person reasonably acting reasonably to protect a person
  6 12 from injury or death caused by an unconfined animal.
  6 13    j.  A local authority reasonably acting reasonably to destroy
  6 14 an animal, if at the time of the destruction, the owner of the
  6 15 animal is absent or unable to care for the animal, and the
  6 16 animal is permanently distressed by disease or injury to a
  6 17 degree that would result in severe and prolonged suffering.
  6 18    k.  A research facility, as defined in section 162.2,
  6 19 provided that the research facility performs functions within
  6 20 the scope of accepted practices and disciplines associated with
  6 21 the research facility.
  6 22    3.a.  The following shall apply to a person who commits
  6 23 animal torture:
  6 24    (1)  For the first conviction, the person is guilty of an
  6 25 aggravated misdemeanor. The sentencing order shall provide
  6 26 that the person submit to psychological evaluation and
  6 27 treatment according to terms required by the court. The costs
  6 28 of the evaluation and treatment shall be paid by the person.
  6 29 In addition, the sentencing order shall provide that the person
  6 30 complete a community work requirement, which may include a work
  6 31 requirement performed at an animal shelter or pound, as defined
  6 32 in section 162.2, according to terms required by the court.
  6 33    (2)  For a second or subsequent conviction, the person is
  6 34 guilty of a class "D" felony. The sentencing order shall
  6 35 provide that the person submit to psychological evaluation and
  7  1 treatment according to terms required by the court. The costs
  7  2 of the psychological evaluation and treatment shall be paid by
  7  3 the person.
  7  4    b.  The juvenile court shall have exclusive original
  7  5 jurisdiction in a proceeding concerning a child who is alleged
  7  6 to have committed animal torture, in the manner provided in
  7  7 section 232.8. The juvenile court shall not waive jurisdiction
  7  8 in a proceeding concerning an offense alleged to have been
  7  9 committed by a child under the age of seventeen.
  7 10    4.  A person who commits animal torture is guilty of a class
  7 11 "D" felony.
  7 12    5.  Notwithstanding subsection 4, a person who commits
  7 13 animal torture is guilty of a class "C" felony if the person
  7 14 has previously been convicted of committing animal abuse
  7 15 pursuant to section 717B.2, animal neglect pursuant to section
  7 16 717B.3, animal torture pursuant to this section, animal
  7 17 abandonment pursuant to section 717B.3B, animal endangerment
  7 18 pursuant to section 717B.3C, injury to or interference with
  7 19 a police service dog pursuant to section 717B.9, bestiality
  7 20 pursuant to section 717C.1, or an act involving a contest event
  7 21 prohibited in section 717D.2.
  7 22    Sec. 6.  NEW SECTION.  717B.3B  Animal abandonment ==
  7 23 penalties.
  7 24    1.  A person commits animal abandonment by knowingly or
  7 25 recklessly relinquishing custody of an animal at a location in
  7 26 which the  person does not hold a legal or equitable interest if
  7 27 the person does not do any of the following:
  7 28    a.  Legally transfer the animal to another person.
  7 29    b.  Make reasonable arrangements for the transfer of custody
  7 30 of the animal to a person who agrees to assume custody of the
  7 31 animal.
  7 32    c.  Make other reasonable arrangements for the care of the
  7 33 animal in a manner that would not constitute animal neglect
  7 34 under section 717B.3.
  7 35    2.  A person who commits animal abandonment that does not
  8  1 cause injury or death to an animal is guilty of a simple
  8  2 misdemeanor.
  8  3    3.  A person who commits animal abandonment that causes
  8  4 injury other than serious injury or death to an animal is
  8  5 guilty of a serious misdemeanor.
  8  6    4.  A person who commits animal abandonment that causes
  8  7 serious injury or death to an animal is guilty of an aggravated
  8  8 misdemeanor.
  8  9    5.  Notwithstanding subsection 4, a person who commits
  8 10 animal abandonment that causes serious injury or death to
  8 11 an animal is guilty of a class "D" felony if the person has
  8 12 previously been convicted of committing animal abandonment
  8 13 pursuant to this section, animal abuse pursuant to section
  8 14 717B.2, animal neglect pursuant to section 717B.3, animal
  8 15 torture pursuant to section 717B.3A, animal endangerment
  8 16 pursuant to section 717B.3C, injury to or interference with
  8 17 a police service dog pursuant to section 717B.9, bestiality
  8 18 pursuant to section 717C.1, or an act involving a contest event
  8 19 prohibited in section 717D.2.
  8 20    6.  This section does not apply to a person who relinquishes
  8 21 custody of a cat at a location described in subsection 1, if
  8 22 previously the person had taken custody of the cat at the same
  8 23 location and provided for its sterilization by a licensed
  8 24 veterinarian practicing veterinary medicine pursuant to chapter
  8 25 169.
  8 26    Sec. 7.  NEW SECTION.  717B.3C  Animal endangerment ==
  8 27 penalties.
  8 28    1.  A person commits animal endangerment when the person
  8 29 confines an animal in a stationary motor vehicle in a manner
  8 30 that endangers the health or life of the animal by exposing the
  8 31 animal to a prolonged period of extreme interior temperature or
  8 32 a long period without adequate ventilation.
  8 33    2.  A person who commits animal endangerment  that does
  8 34 not cause injury or death to an animal is guilty of a simple
  8 35 misdemeanor.
  9  1    3.  A person who commits animal endangerment that causes
  9  2 injury other than serious injury or death to an animal is
  9  3 guilty of a serious misdemeanor.
  9  4    4.  A person who commits animal endangerment that causes
  9  5 serious injury or death to an animal is guilty of an aggravated
  9  6 misdemeanor.
  9  7    5.  Notwithstanding subsection 4, a person who commits
  9  8 animal endangerment that causes serious injury to an animal
  9  9 is guilty of a class "D" felony if the person has previously
  9 10 been convicted of committing animal endangerment pursuant to
  9 11 this section, animal abuse pursuant to section 717B.2, animal
  9 12 neglect pursuant to section 717B.3, animal torture pursuant
  9 13 to section 717B.3A, animal abandonment pursuant to section
  9 14 717B.3B, injury to or interference with a police service dog
  9 15 pursuant to section 717B.9, bestiality pursuant to section
  9 16 717C.1, or an act involving a contest event prohibited in
  9 17 section 717D.2.
  9 18    Sec. 8.  NEW SECTION.  717B.3D  Animal mistreatment == court
  9 19 order == evaluation and treatment.
  9 20    1.  At the time of a person's conviction for a public
  9 21 offense committed under this chapter, a court may enter an
  9 22 order requiring the person to undergo a psychological or
  9 23 psychiatric evaluation and to undergo any treatment that the
  9 24 court determines to be appropriate after due consideration of
  9 25 the evaluation. However, the court shall enter such an order
  9 26 if the convicted person is any of the following:
  9 27    a.  A juvenile.
  9 28    b.  An adult committing animal abuse pursuant to section
  9 29 717B.2, animal neglect punishable as an aggravated misdemeanor
  9 30 or class "D" felony pursuant to section 717B.3, animal torture
  9 31 pursuant to section 717B.3A, animal abandonment pursuant to
  9 32 section 717B.3B, or animal endangerment pursuant to section
  9 33 717B.3C.
  9 34    2.  The costs of undergoing a psychological or psychiatric
  9 35 evaluation and undergoing any treatment ordered by the court
 10  1 shall be borne by the convicted person, unless the person is
 10  2 a juvenile.
 10  3    3.  An order made under this section is in addition to any
 10  4 other order or sentence of the court.
 10  5    4.  Any violation of the court order shall be punished as
 10  6 contempt of court pursuant to chapter 665.
 10  7    Sec. 9.  NEW SECTION.  717B.3E  Animal mistreatment ====
 10  8 sentencing order ==== prohibitions.
 10  9    1.  At the time of a person's sentencing for a public offense
 10 10 committed under this chapter, a court may prohibit the person
 10 11 from owning or obtaining custody of an animal or residing in
 10 12 the same dwelling where an animal is kept.  The period of the
 10 13 prohibition shall be not less than three years.
 10 14    2.  Notwithstanding subsection 1, the court shall enter such
 10 15 an order if the convicted person has committed animal abuse
 10 16 punishable as an aggravated misdemeanor or class "D" felony
 10 17 pursuant to section 717B.2, animal neglect punishable as an
 10 18 aggravated misdemeanor or class "D" felony pursuant to section
 10 19 717B.3, animal torture pursuant to section 717B.3A, animal
 10 20 abandonment punishable as an aggravated misdemeanor or class
 10 21 "D" felony pursuant to section 717B.3B, or animal endangerment
 10 22 punishable as an aggravated misdemeanor or class "D" felony
 10 23 pursuant to section 717B.3C.  The period of such prohibition
 10 24 shall be not less than ten years.
 10 25    3.  The duration of a prohibition described in this
 10 26 section commences on the date that the person is placed on
 10 27 probation, released on parole or work release, or released from
 10 28 incarceration or from placement in a juvenile facility.
 10 29    4.  An order made pursuant to this section is in addition to
 10 30 any other order or sentence of the court.
 10 31    5.  Any violation of the court order described in this
 10 32 section is a public offense and shall be punished as a simple
 10 33 misdemeanor.
 10 34    Sec. 10.  NEW SECTION.  717B.5A  Rescue ==== motor vehicles.
 10 35    1.  A law enforcement officer or animal control officer may
 11  1 rescue an animal from a stationary motor vehicle, including
 11  2 through the use of forced entrance, if the law enforcement
 11  3 officer or animal control officer reasonably believes that the
 11  4 animal may be suffering distress due to exposure to extreme
 11  5 interior temperature or a lack of adequate ventilation.  The
 11  6 law enforcement officer's or animal control officer's action
 11  7 is justified regardless of whether the law enforcement officer
 11  8 or animal control officer observed indications of distress
 11  9 or whether the person could be charged with or convicted of
 11 10 committing a public offense.
 11 11    2.  The law enforcement officer or animal control officer
 11 12 shall provide written notice of the rescue to the animal's
 11 13 responsible party. This requirement is satisfied by placing
 11 14 the notice in a conspicuous place located within the motor
 11 15 vehicle. The notice must state where the rescued animal may
 11 16 be claimed.
 11 17    3.  The local authority shall provide for the maintenance
 11 18 of the rescued animal as if it were a threatened animal under
 11 19 section 717B.5. However, a dispositional proceeding under
 11 20 section 717B.4 is not required if within ten days after the
 11 21 date of the animal's rescue the responsible party claims the
 11 22 animal from the local authority.  In order to claim the animal,
 11 23 the responsible party must reimburse the local authority for
 11 24 all reasonable costs that accrued from rescuing and maintaining
 11 25 the animal.
 11 26    Sec. 11.  REPEAL.  Section 717B.8, Code 2018, is repealed.
 11 27    Sec. 12.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
 11 28 3, shall not apply to this Act.
 11 29                           EXPLANATION
 11 30 The inclusion of this explanation does not constitute agreement with
 11 31 the explanation's substance by the members of the general assembly.
 11 32    GENERAL.  This bill amends Code chapter 717B prohibiting
 11 33 the mistreatment of certain animals, including dogs and cats,
 11 34 but excluding other animals such as livestock (Code chapter
 11 35 717); game, fur=bearing animals, fish, reptiles, or amphibians
 12  1 (Code chapter 481A), unless such animal is owned, confined,
 12  2 or controlled by a person; or a nongame animal declared to be
 12  3 a nuisance by the natural resource commission (Code section
 12  4 481A.42).
 12  5    The bill amends three different criminal offenses in Code
 12  6 chapter 717B, including animal abuse (Code section 717B.2),
 12  7 animal neglect (Code section 717B.3), and animal torture (Code
 12  8 section 717B.3A).  The bill creates two new criminal offenses
 12  9 including animal abandonment (new Code section 717B.3B) and
 12 10 animal endangerment (new Code section 717B.3C).  Under the
 12 11 bill, each of the offenses includes an enhanced penalty that
 12 12 applies to a convicted person who has previously committed any
 12 13 of the named offenses; committed injury or interference with a
 12 14 police service dog (Code section 717B.9); committed bestiality
 12 15 (Code section 717C.1); or committed an offense involving an
 12 16 animal contest (Code section 717D.4).
 12 17    TYPES OF CRIMINAL OFFENSES ==== ABUSE.  Animal abuse involves
 12 18 intentionally injuring an animal by violence or poisoning.  The
 12 19 bill replaces the intent element with that of acting knowingly
 12 20 or recklessly.  It also removes a provision that exempted
 12 21 a person who acted with the consent of the animal's owner.
 12 22 The bill reduces the penalty from an aggravated to a serious
 12 23 misdemeanor for committing animal abuse that does not cause
 12 24 an animal serious injury or death and retains the penalty of
 12 25 aggravated misdemeanor for committing animal abuse that causes
 12 26 an animal serious injury or death. The bill provides that the
 12 27 aggravated misdemeanor may be enhanced to a class "D" felony
 12 28 if the person was previously convicted of one of the named
 12 29 offenses.
 12 30    TYPES OF CRIMINAL OFFENSES == NEGLECT.  Animal neglect
 12 31 involves failing to provide an animal with adequate food,
 12 32 water, or shelter, or torturing the animal.  The bill rewrites
 12 33 these requirements by requiring that an animal be furnished
 12 34 with adequate supplies of nutritional food, access to potable
 12 35 water, adequate sanitary conditions,  ventilated shelter
 13  1 sufficient to provide the animal with protection from extreme
 13  2 weather conditions, and necessary veterinary care.   The bill
 13  3 eliminates the torture prohibition.  The bill retains the
 13  4 criminal penalty which is a simple misdemeanor.  However, the
 13  5 penalty is increased to a serious misdemeanor if the animal
 13  6 suffers an injury and to an aggravated misdemeanor if the
 13  7 animal suffers a serious injury or death.  In a case where
 13  8 the animal suffers a serious injury or death, the aggravated
 13  9 misdemeanor may be enhanced to a class "D" felony if the person
 13 10 was previously convicted of one of the named offenses.
 13 11    TYPES OF CRIMINAL OFFENSES == TORTURE.  Animal torture
 13 12 involves inflicting upon an animal severe physical pain with
 13 13 depraved or sadistic intent to cause prolonged suffering or
 13 14 death.  The bill eliminates the element of intent and requires
 13 15 that the act involve prolonged or repeated physical pain that
 13 16 results in prolonged suffering and serious injury or death.
 13 17 The bill replaces the current penalties for animal torture.  A
 13 18 person is no longer guilty of an aggravated misdemeanor for
 13 19 the first offense and a class "D" felony for a subsequent
 13 20 offense.  Instead, a person is guilty of a class "D" felony,
 13 21 which is enhanced to a class "C" felony if the person was
 13 22 previously convicted of one of the named offenses.  The bill
 13 23 also eliminates a requirement that a person convicted of animal
 13 24 torture must submit to psychological evaluation and treatment.
 13 25    TYPES OF CRIMINAL OFFENSES == ABANDONMENT.  Animal
 13 26 abandonment involves knowingly or recklessly relinquishing
 13 27 custody of an animal at a location in which the  person does
 13 28 not hold a legal or equitable interest.  There are exceptions
 13 29 in cases of transferring ownership or custody or making
 13 30 arrangements for the care of the animal.  There is also an
 13 31 exception for a person who removes a cat from a location
 13 32 and returns the cat to the same location after it has been
 13 33 sterilized. The criminal penalty is a simple misdemeanor.
 13 34 However, the penalty is increased to a serious misdemeanor if
 13 35 the animal suffers an injury and to an aggravated misdemeanor
 14  1 if the animal suffers a serious injury or death. In a case
 14  2 where the animal suffers a serious injury or death, the
 14  3 aggravated misdemeanor may be enhanced to a class "D" felony
 14  4 if the person was previously convicted of one of the named
 14  5 offenses.
 14  6    TYPES OF CRIMINAL OFFENSES == ENDANGERMENT.  Animal
 14  7 endangerment involves confining an animal in a stationary motor
 14  8 vehicle in a manner that exposes the animal to a prolonged
 14  9 period of extreme interior temperature or a long period
 14 10 without adequate ventilation.  The criminal penalty is a
 14 11 simple misdemeanor. However, the penalty is increased to a
 14 12 serious misdemeanor if the animal suffers an injury and to an
 14 13 aggravated misdemeanor if the animal suffers a serious injury
 14 14 or death. In a case where the animal suffers a serious injury
 14 15 or death, the aggravated misdemeanor may be enhanced to a class
 14 16 "D" felony if the person was previously convicted of one of the
 14 17 named offenses.
 14 18    APPLICABLE CRIMINAL PENALTIES.  The criminal penalties are
 14 19 as follows:  (1) simple misdemeanor,  confinement for no more
 14 20 than 30 days or a fine of at least $65 but not more than $625 or
 14 21 by both; (2)  serious misdemeanor, confinement for no more than
 14 22 one year and a fine of at least $315 but not more than $1,875;
 14 23 (3) aggravated misdemeanor, confinement for no more than two
 14 24 years and a fine of at least $625 but not more than $6,250; (4)
 14 25 class "D" felony, confinement for no more than five years and a
 14 26 fine of at least $750 but not more than $7,500; and (5) class
 14 27 "C" felony, confinement for no more than 10 years and a fine of
 14 28 at least $1,000 but not more than $10,000.
 14 29    COURT ORDERS.  At the time of conviction for committing
 14 30 any of the offenses, a person may be subject to a court order
 14 31 requiring a psychological or psychiatric evaluation and
 14 32 treatment.  The person may also be subject to a court order
 14 33 prohibiting the person from owning, possessing, or living with
 14 34 an animal.  In each case, the court's decision to issue an
 14 35 order is discretionary except under certain conditions.  A
 15  1 court order requiring an evaluation and treatment is mandatory
 15  2 for juveniles.  That order and the order prohibiting contact
 15  3 with animals is also mandatory if the offense is punishable as
 15  4 an aggravated misdemeanor or felony.  For a discretionary court
 15  5 order, the  period of prohibition is for not less than three
 15  6 years.  For a mandatory court order, the period of prohibition
 15  7 is not less than 10 years.
 15  8    ANIMAL RESCUE ==== LOCAL LAW ENFORCEMENT OFFICERS == AND
 15  9 LOCAL ANIMAL CONTROL OFFICERS.  The bill provides that a law
 15 10 enforcement officer (e.g., county sheriff or deputy sheriff)
 15 11 or an animal control officer (a person employed by local
 15 12 government to enforce the animal control laws) is authorized to
 15 13 rescue an animal from a motor vehicle based upon a reasonable
 15 14 belief that the animal may be suffering distress.  The officer
 15 15 must provide a written notice of the rescue.  After the rescue,
 15 16 the animal must be maintained as a rescued animal by the local
 15 17 authority until it is claimed or disposed of pursuant to court
 15 18 order.
       LSB 2385SZ (4) 87
       da/rj