Bill Text: IA SF2239 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to false allegations regarding the mistreatment of animals, by providing for certain complaints, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-12 - Introduced, referred to Judiciary. S.J. 285. [SF2239 Detail]
Download: Iowa-2019-SF2239-Introduced.html
Senate
File
2239
-
Introduced
SENATE
FILE
2239
BY
GUTH
A
BILL
FOR
An
Act
relating
to
false
allegations
regarding
the
mistreatment
1
of
animals,
by
providing
for
certain
complaints,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
2239
Section
1.
NEW
SECTION
.
162.21
Investigations
and
1
disciplinary
actions
——
false
allegations.
2
1.
The
department
shall
not
conduct
an
investigation
or
3
bring
an
administrative
action
for
a
violation
of
section
4
162.10A
based
on
a
false
allegation
against
a
commercial
5
establishment
issued
or
renewed
an
authorization.
An
6
allegation
is
conclusively
presumed
to
be
false
if
it
is
based
7
on
any
of
the
following:
8
a.
Evidence
obtained
by
a
person
who
enters
onto
the
9
property
of
a
commercial
establishment
due
to
any
of
the
10
following:
11
(1)
Trespass
as
defined
in
section
716.7.
12
(2)
Deception
as
described
in
section
702.9,
subsection
1
13
or
2.
14
b.
A
statement
that
is
hearsay
or
any
statement
other
than
15
direct
observation
by
a
credible
witness.
16
2.
In
order
for
the
department
to
conduct
an
inspection
17
based
on
a
complaint
alleging
a
violation
of
section
162.10A,
18
all
of
the
following
must
apply:
19
a.
The
complainant
must
file
a
written
statement
with
the
20
department.
The
written
statement
shall
be
in
the
form
of
an
21
affidavit
as
provided
by
the
department.
The
written
statement
22
shall
comply
with
all
of
the
following:
23
(1)
It
must
be
signed
and
dated
by
the
complainant
and
the
24
department
employee
taking
the
complaint,
and
notarized
as
25
provided
in
chapter
9B.
26
(2)
It
must
state
the
name
of
the
commercial
establishment
27
alleged
to
have
committed
the
violation,
the
name
of
the
28
owner
of
the
animal,
the
location
where
the
alleged
violation
29
occurred,
a
description
of
the
alleged
violation,
and
the
name
30
and
contact
information
of
any
other
witness
to
the
alleged
31
violation.
32
b.
Notwithstanding
section
22.7,
the
department
delivers
33
a
copy
of
the
statement
described
in
paragraph
“a”
to
the
34
commercial
establishment
subject
to
administrative
action.
The
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statement
shall
be
sent
by
certified
mail
within
twenty-four
1
hours
after
the
department
receives
the
complaint.
The
2
statement
shall
not
contain
redactions.
3
3.
A
commercial
establishment
subject
to
administrative
4
action
under
this
chapter
shall
have
a
cause
of
action
against
5
the
person
making
the
complaint
if
the
commercial
establishment
6
subject
to
administrative
action
is
not
found
to
be
in
7
violation
of
section
162.10A,
or
a
court
reverses
the
finding
8
of
such
violation.
The
commercial
establishment
subject
to
9
administrative
action
shall
be
awarded
damages
for
any
economic
10
loss,
as
determined
by
a
court,
resulting
from
the
complaint.
11
4.
The
commercial
establishment
subject
to
administrative
12
action
shall
have
a
cause
of
action
based
on
the
making
of
13
a
false
affidavit,
slander,
libel,
or
harassment
against
14
any
person
making
a
false
allegation
against
the
commercial
15
establishment
subject
to
administrative
action
if
a
violation
16
is
not
found
or
a
violation
is
found
but
the
decision
is
17
reversed.
18
5.
A
person
is
guilty
of
false
allegation
if
the
person
19
makes
a
complaint
that
is
the
basis
for
an
administrative
20
action
against
a
commercial
establishment
issued
or
renewed
an
21
authorization
under
this
chapter,
and
a
violation
of
section
22
162.10A
is
not
found
or
a
violation
is
found
but
the
decision
23
is
reversed.
A
person
guilty
of
false
allegation
shall
be
24
subject
to
one
of
the
following:
25
a.
Except
as
otherwise
provided
in
this
subsection,
a
fine
26
of
not
more
than
one
hundred
dollars.
27
b.
For
a
second
offense
committed
within
two
years
of
a
28
prior
conviction
for
the
same
offense,
a
simple
misdemeanor.
29
The
sentencing
order
shall
also
require
that
the
person
perform
30
not
less
than
fifty
hours
and
not
more
than
one
hundred
hours
31
of
community
service.
32
c.
For
a
third
or
subsequent
offense
committed
within
two
33
years
of
a
prior
conviction
for
the
same
offense,
a
serious
34
misdemeanor.
The
sentencing
order
shall
also
require
that
the
35
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person
perform
not
less
than
one
hundred
hours
and
not
more
1
than
one
hundred
fifty
hours
of
community
service.
2
Sec.
2.
NEW
SECTION
.
717.7
Investigations
and
prosecutions
3
——
false
allegations.
4
1.
As
used
in
this
section,
unless
the
context
otherwise
5
requires:
6
a.
“Local
law
enforcement
office”
means
a
city
police
force
7
or
county
sheriff’s
office.
8
b.
“Offense
”
means
livestock
abuse
as
provided
in
section
9
717.1A
or
livestock
neglect
as
provided
in
section
717.2.
10
2.
A
duly
sworn
law
enforcement
officer
shall
not
conduct
an
11
investigation
of
the
commission
of
an
offense
based
on
a
false
12
allegation.
An
allegation
is
conclusively
presumed
to
be
false
13
if
it
is
based
on
any
of
the
following:
14
a.
Evidence
obtained
by
a
person
who
enters
onto
the
15
property
where
the
livestock
is
maintained
due
to
any
of
the
16
following:
17
(1)
Trespass
as
defined
in
section
716.7.
18
(2)
Deception
as
described
in
section
702.9,
subsection
1
19
or
2.
20
b.
A
statement
that
is
hearsay
or
any
statement
other
than
21
direct
observation
by
a
credible
witness.
22
3.
In
order
for
a
duly
sworn
law
enforcement
officer
to
23
conduct
an
investigation
based
on
a
complaint
alleging
an
24
offense,
all
of
the
following
must
apply:
25
a.
The
complainant
must
file
a
written
statement
with
a
26
local
law
enforcement
office.
The
written
statement
shall
27
be
in
the
form
of
an
affidavit
as
provided
by
the
local
law
28
enforcement
office.
The
written
statement
shall
comply
with
29
all
of
the
following:
30
(1)
It
must
be
signed
and
dated
by
the
complainant
and
the
31
law
enforcement
officer
taking
the
complaint,
and
notarized
as
32
provided
in
chapter
9B.
33
(2)
It
must
state
the
name
of
the
owner
of
the
livestock,
34
the
location
where
the
alleged
offense
occurred,
a
description
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of
the
alleged
offense,
and
the
name
and
contact
information
of
1
any
other
witness
to
the
alleged
offense.
2
b.
Notwithstanding
section
22.7,
the
local
law
enforcement
3
office
delivers
a
copy
of
the
statement
described
in
4
paragraph
“a”
to
any
person
who
may
be
investigated
due
to
5
the
complaint.
The
statement
shall
be
sent
by
certified
mail
6
within
twenty-four
hours
after
the
local
law
enforcement
office
7
receives
the
complaint.
The
statement
shall
not
contain
8
redactions.
9
4.
A
person
charged
with
committing
an
offense
under
this
10
section
shall
have
a
cause
of
action
against
the
person
making
11
the
complaint
if
the
charge
is
dismissed,
the
person
charged
12
is
acquitted,
or
the
person
charged
is
convicted
and
the
13
conviction
is
reversed.
The
person
charged
shall
be
awarded
14
damages
for
any
economic
loss,
as
determined
by
a
court,
15
resulting
from
the
complaint.
16
5.
A
person
charged
with
committing
an
offense
under
this
17
section
shall
have
a
cause
of
action
based
on
the
making
of
18
a
false
affidavit,
slander,
libel,
or
harassment
against
any
19
person
who
asserted
a
false
allegation
against
the
person
20
charged
if
the
charge
is
dismissed,
the
person
charged
21
is
acquitted,
or
the
person
charged
is
convicted
and
the
22
conviction
is
reversed.
23
6.
A
person
is
guilty
of
false
allegation
if
the
person
24
makes
a
complaint
that
is
the
basis
for
a
criminal
charge
for
25
an
offense
and
no
charge
is
filed,
the
charge
is
dismissed,
the
26
person
charged
is
acquitted,
or
the
person
charged
is
convicted
27
and
the
conviction
is
reversed.
A
person
guilty
of
false
28
allegation
shall
be
subject
to
one
of
the
following:
29
a.
Except
as
otherwise
provided
in
this
subsection,
a
fine
30
of
not
more
than
one
hundred
dollars.
31
b.
For
a
second
offense
committed
within
two
years
of
a
32
prior
conviction
for
the
same
offense,
a
simple
misdemeanor.
33
The
sentencing
order
shall
also
require
that
the
person
perform
34
not
less
than
fifty
hours
and
not
more
than
one
hundred
hours
35
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of
community
service.
1
c.
For
a
third
or
subsequent
offense
committed
within
two
2
years
of
a
prior
conviction
for
the
same
offense,
a
serious
3
misdemeanor.
The
sentencing
order
shall
also
require
that
the
4
person
perform
not
less
than
one
hundred
hours
and
not
more
5
than
one
hundred
fifty
hours
of
community
service.
6
Sec.
3.
NEW
SECTION
.
717B.10
Investigations
and
7
prosecutions
——
false
allegations.
8
1.
As
used
in
this
section,
unless
the
context
otherwise
9
requires:
10
a.
“Local
law
enforcement
office”
means
a
city
police
force
11
or
county
sheriff’s
office.
12
b.
“Offense”
means
animal
abuse
as
provided
in
section
13
717B.2,
animal
neglect
as
provided
in
section
717B.3,
animal
14
torture
as
provided
in
section
717B.3A,
or
abandonment
as
15
provided
in
section
717B.8.
16
2.
A
duly
sworn
law
enforcement
officer
shall
not
conduct
an
17
investigation
of
the
commission
of
an
offense
based
on
a
false
18
allegation.
An
allegation
is
conclusively
presumed
to
be
false
19
if
it
is
based
on
any
of
the
following:
20
a.
Evidence
obtained
by
a
person
who
enters
onto
the
21
property
where
the
animal
is
maintained
due
to
any
of
the
22
following:
23
(1)
Trespass
as
defined
in
section
716.7.
24
(2)
Deception
as
described
in
section
702.9,
subsection
1
25
or
2.
26
b.
A
statement
that
is
hearsay
or
any
statement
other
than
27
direct
observation
by
a
credible
witness.
28
3.
In
order
for
a
duly
sworn
law
enforcement
officer
to
29
conduct
an
investigation
based
on
a
complaint
alleging
an
30
offense,
all
of
the
following
must
apply:
31
a.
The
complainant
must
file
a
written
statement
with
a
32
local
law
enforcement
office.
The
written
statement
shall
33
be
in
the
form
of
an
affidavit
as
provided
by
the
local
law
34
enforcement
office.
The
written
statement
shall
comply
with
35
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2239
all
of
the
following:
1
(1)
It
must
be
signed
and
dated
by
the
complainant
and
the
2
law
enforcement
officer
taking
the
complaint,
and
notarized
as
3
provided
in
chapter
9B.
4
(2)
It
must
state
the
name
of
the
owner
of
the
animal,
the
5
location
where
the
alleged
offense
occurred,
a
description
of
6
the
alleged
offense,
and
the
name
and
contact
information
of
7
any
other
witness
to
the
alleged
offense.
8
b.
Notwithstanding
section
22.7,
the
local
law
enforcement
9
office
delivers
a
copy
of
the
statement
described
in
10
paragraph
“a”
to
any
person
who
may
be
investigated
due
to
11
the
complaint.
The
statement
shall
be
sent
by
certified
mail
12
within
twenty-four
hours
after
the
local
law
enforcement
office
13
receives
the
complaint.
The
statement
shall
not
contain
14
redactions.
15
4.
A
person
charged
with
committing
an
offense
under
this
16
section
shall
have
a
cause
of
action
against
the
person
making
17
the
complaint
if
the
charge
is
dismissed,
the
person
charged
18
is
acquitted,
or
the
person
charged
is
convicted
and
the
19
conviction
is
reversed.
The
person
charged
shall
be
awarded
20
damages
for
any
economic
loss,
as
determined
by
a
court,
21
resulting
from
the
complaint.
22
5.
A
person
charged
with
committing
an
offense
under
this
23
section
shall
have
a
cause
of
action
based
on
the
making
of
24
a
false
affidavit,
slander,
libel,
or
harassment
against
any
25
person
who
asserted
a
false
allegation
against
the
person
26
charged
if
the
charge
is
dismissed,
the
person
charged
27
is
acquitted,
or
the
person
charged
is
convicted
and
the
28
conviction
is
reversed.
29
6.
A
person
is
guilty
of
false
allegation
if
the
person
30
makes
a
complaint
that
is
the
basis
for
a
criminal
charge
for
31
an
offense
and
no
charge
is
filed,
the
charge
is
dismissed,
the
32
person
charged
is
acquitted,
or
the
person
charged
is
convicted
33
and
the
conviction
is
reversed.
A
person
guilty
of
false
34
allegation
shall
be
subject
to
one
of
the
following:
35
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a.
Except
as
otherwise
provided
in
this
subsection,
a
fine
1
of
not
more
than
one
hundred
dollars.
2
b.
For
a
second
offense
committed
within
two
years
of
a
3
prior
conviction
for
the
same
offense,
a
simple
misdemeanor.
4
The
sentencing
order
shall
require
that
the
person
perform
not
5
less
than
fifty
hours
and
not
more
than
one
hundred
hours
of
6
community
service.
7
c.
For
a
third
or
subsequent
offense
committed
within
two
8
years
of
a
prior
conviction
for
the
same
offense,
a
serious
9
misdemeanor.
The
sentencing
order
shall
also
require
that
the
10
person
perform
not
less
than
one
hundred
hours
and
not
more
11
than
one
hundred
fifty
hours
of
community
service.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
applies
to
cases
involving
an
allegation
of
the
16
mistreatment
of
an
animal
when
the
allegation
is
classified
17
as
false
due
to
a
number
of
circumstances.
The
circumstances
18
include
(1)
the
evidence
was
obtained
due
to
trespass
or
19
deception,
or
(2)
the
allegation
is
based
on
a
statement
20
other
than
direct
observation.
In
addition,
any
inspection
21
or
investigation
must
be
based
on
a
written
statement.
The
22
statement
is
delivered
to
the
person
who
is
subject
to
the
23
complaint.
The
person
subject
to
the
complaint
is
provided
24
a
cause
of
action
against
the
person
making
the
complaint
if
25
the
person
subject
to
the
complaint
has
been
found
not
to
have
26
committed
the
mistreatment.
In
that
case,
the
person
making
27
the
complaint
is
subject
to
criminal
penalties.
The
general
28
penalty
is
a
fine
of
not
more
than
$100.
However,
for
a
second
29
offense
committed
within
two
years
of
a
prior
conviction
for
30
the
same
offense,
the
person
is
guilty
of
a
simple
misdemeanor.
31
In
addition,
the
sentencing
order
must
provide
that
the
person
32
perform
not
less
than
50
hours
and
not
more
than
100
hours
of
33
community
service.
For
a
third
or
subsequent
offense
committed
34
within
two
years
of
a
prior
conviction
for
the
same
offense,
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the
person
is
guilty
of
a
serious
misdemeanor.
The
sentencing
1
order
shall
also
provide
that
the
person
perform
not
less
than
2
100
hours
and
not
more
than
150
hours
of
community
service.
3
APPLICABLE
PENALTIES.
A
simple
misdemeanor
is
punishable
4
by
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
5
$65
but
not
more
than
$625
or
by
both.
A
serious
misdemeanor
is
6
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
7
of
at
least
$315
but
not
more
than
$1,875.
8
BACKGROUND.
Code
chapter
162
provides
for
the
regulation
9
of
commercial
establishments
(animal
shelters,
boarding
10
kennels,
commercial
breeders,
commercial
kennels,
dealers,
pet
11
shops,
pounds,
public
auctions,
or
research
facilities).
The
12
Code
chapter
is
regulated
by
the
department
of
agriculture
13
and
land
stewardship
that
issues
and
renews
several
types
14
of
authorizations
to
the
owners
and
operators
of
commercial
15
establishments
(licenses,
permits,
and
registrations).
Code
16
chapter
717
provides
criminal
offenses
for
committing
livestock
17
abuse
and
livestock
neglect.
Code
chapter
717B
provides
18
criminal
offenses
for
committing
animal
abuse,
animal
neglect,
19
animal
torture,
and
animal
abandonment.
That
Code
chapter
20
does
not
apply
to
livestock,
game
animals,
or
nongame
animals
21
declared
to
be
a
nuisance.
Both
Code
chapters
717
and
717B
are
22
enforced
by
a
local
authority
which
is
a
city
or
county.
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