Bill Text: IA SF369 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting the treatment 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 SSB 1075.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Zaun, Bisignano, and Dawson. S.J. 86. [SF369 Detail]

Download: Iowa-2019-SF369-Introduced.html

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Senate File 369 - Introduced
SENATE FILE 369
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1075)
A BILL FOR
An Act prohibiting the treatment 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 717B.1, Code 2019, is amended by adding
the following new subsections:
NEW SUBSECTION . 2A. “Animal mistreatment” means an act
described as animal abuse as provided in section 717B.2,
animal neglect as provided in section 717B.3, animal torture
as provided in section 717B.3A, animal abandonment as provided
in section 717B.3B, animal endangerment as provided in section
717B.3C, or injury to or interference with a police service dog
as provided in section 717B.9.
NEW SUBSECTION . 3A. “Commercial establishment” means the
same as defined in section 162.2.
NEW SUBSECTION . 3B. a. “Convicted” means found guilty of,
pleads guilty to, or is sentenced or adjudicated delinquent
for an act which is an indictable offense in this state or in
another state, including but not limited to a juvenile who has
been adjudicated delinquent, whether or not the juvenile court
records have been sealed under section 232.150, and a person
who has received a deferred sentence or a deferred judgment or
has been acquitted by reason of insanity.
b. “Convicted” includes the conviction of a juvenile
prosecuted as an adult. “Convicted” also includes a conviction
for an attempt or conspiracy to commit an offense.
c. “Convicted” does not mean a plea, sentence, adjudication,
deferred sentence, or deferred judgment which has been reversed
or otherwise set aside.
NEW SUBSECTION . 4A. “Injury” means an impairment to an
animal’s health or functions, including physical damage or harm
to an animal’s muscle, tissue, organs, bones, hide, or skin,
that causes the animal to suffer pain.
NEW SUBSECTION . 8A. “Serious injury” means an injury that
creates a substantial risk of death or that causes protracted
disfigurement, protracted impairment of health, or protracted
loss or impairment of the function of a limb or organ.
Sec. 2. Section 717B.1, subsection 9, Code 2019, is amended
to read as follows:
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9. “Threatened animal” means an animal that is abused as
provided in section 717B.2 , neglected as provided in section
717B.3 , or tortured as provided in section 717B.3A suffers from
animal mistreatment .
Sec. 3. Section 717B.2, Code 2019, is amended to read as
follows:
717B.2 Animal abuse —— penalties .
1. A person is guilty of animal abuse if the person
intentionally injures, maims, disfigures, or destroys an animal
owned by another person, in any manner, including intentionally
poisoning the animal commits animal abuse when the person
intentionally, knowingly, or recklessly causes injury, serious
injury, or death to an animal by force, violence, or poisoning .
A person guilty of animal abuse is guilty of an aggravated
misdemeanor.
2. This section shall not apply to conduct engaged in by any
of the following:
1. A person acting with the consent of the person owning
the animal, unless the action constitutes animal neglect as
provided in section 717B.3 .
2. a. A person acting to carry out an order issued by a
court.
3. b. A licensed veterinarian practicing veterinary
medicine as provided in chapter 169 .
4. c. A person acting in order to carry out another
provision of law which allows the conduct.
5. d. A person taking, hunting, trapping, or fishing for a
wild animal as provided in chapter 481A .
6. e. A person acting to protect the person’s property from
a wild animal as defined in section 481A.1 .
7. f. A person acting to protect a person from injury or
death caused by a wild animal as defined in section 481A.1 .
8. g. A person reasonably acting to protect the person’s
property from damage caused by an unconfined animal.
9. h. A person reasonably acting to protect a person from
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injury or death caused by an unconfined animal.
10. i. A local authority reasonably acting to destroy an
animal, if at the time of the destruction, the owner of the
animal is absent or unable to care for the animal, and the
animal is permanently distressed by disease or injury to a
degree that would result in severe and prolonged suffering.
11. j. A research facility, as defined in section 162.2 ,
provided that the research facility performs functions within
the scope of accepted practices and disciplines associated with
the research facility.
k. A commercial establishment, provided that the commercial
establishment’s conduct complies with applicable standard of
care requirements in section 162.10A.
3. A person who commits animal abuse that does not cause
serious injury or death to an animal is guilty of a serious
misdemeanor.
4. A person who commits animal abuse that causes serious
injury or death to an animal is guilty of an aggravated
misdemeanor.
5. Notwithstanding subsection 4, a person who commits
animal abuse that causes serious injury or death to an animal
is guilty of a class “D” felony if the person has previously
been convicted of committing animal abuse pursuant to this
section, animal neglect pursuant to section 717B.3, animal
torture pursuant to section 717B.3A, animal abandonment
pursuant to section 717B.3B, animal endangerment pursuant
to section 717B.3C, injury to or interference with a police
service dog pursuant to section 717B.9, bestiality pursuant to
section 717C.1, or an act involving a contest event prohibited
in section 717D.2.
Sec. 4. Section 717B.3, Code 2019, is amended to read as
follows:
717B.3 Animal mistreatment —— animal neglect —— penalties .
1. A person who impounds or commits animal neglect when
the person owns or has custody of an animal, confines , in any
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place, an that animal , is guilty of animal neglect if the
person does any of the following:
a. Fails and fails to supply the animal during confinement
with a sufficient quantity of food or water. reasonably provide
the animal with any of the following:
a. Access to food in an amount and quality sufficient to
satisfy the animal’s basic nutrition level.
b. Fails to provide a confined dog or cat with adequate
shelter. Access to a supply of potable water in an amount
sufficient to satisfy the animal’s basic hydration level.
Access to snow or ice does not satisfy this requirement.
c. Tortures, deprives of necessary sustenance, mutilates,
beats, or kills an animal by any means which causes unjustified
pain, distress, or suffering. Sanitary conditions free from
excessive animal waste or the overcrowding of animals.
d. Ventilated shelter sufficient to provide adequate
protection from the elements and weather conditions suitable
for the age, species, and physical condition of the animal
so as to maintain the animal in a state of good health. The
shelter must protect the animal from wind, rain, snow, or sun
and have adequate bedding to provide protection against cold
and dampness. A shelter may include a residence, garage, barn,
shed, or doghouse.
e. Grooming, to the extent reasonably necessary to prevent
adverse health effects or suffering.
f. Veterinary care deemed necessary by a reasonably
prudent person to relieve an animal’s distress from any of the
following:
(1) A condition caused by failing to provide for the
animal’s welfare as described in paragraphs “a” through “f” .
(2) An injury or illness suffered by the animal causing the
animal to suffer prolonged pain and suffering.
2. This section does not apply to a research facility, as
defined in section 162.2 , provided that the research facility
performs functions within the scope of accepted practices and
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disciplines associated with the research facility.
3. A person who negligently or intentionally commits the
offense of animal neglect that does not cause injury or death
to an animal is guilty of a simple misdemeanor. A person who
intentionally commits the offense of animal neglect which
results in serious injury to or the death of an animal is
guilty of a serious misdemeanor.
4. A person who commits animal neglect that causes injury
other than serious injury or death to an animal is guilty of a
serious misdemeanor.
5. A person who commits animal neglect which causes serious
injury or death to an animal is guilty of an aggravated
misdemeanor.
6. Notwithstanding subsection 5, a person who commits
animal neglect which causes serious injury or death to an
animal is guilty of a class “D” felony if the person has been
previously convicted of animal abuse pursuant to section
717B.2, animal neglect pursuant to this section, animal torture
pursuant to section 717B.3A, animal abandonment pursuant to
section 717B.3B, animal endangerment pursuant to section
717B.3C, injury to or interference with a police service dog
pursuant to section 717B.9, bestiality pursuant to section
717C.1, or an act involving a contest event prohibited in
section 717D.2.
Sec. 5. Section 717B.3A, Code 2019, is amended to read as
follows:
717B.3A Animal mistreatment —— animal torture —— penalties .
1. A person is guilty of animal torture , regardless of
whether the person is the owner of the animal, if when the
person intentionally, knowingly, or recklessly inflicts upon
the animal severe and prolonged or repeated physical pain with
a depraved or sadistic intent to cause prolonged that results
in the animal’s suffering and serious injury or death.
2. This section shall not apply to conduct engaged in by any
of the following:
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a. A person acting to carry out an order issued by a court.
b. A licensed veterinarian practicing veterinary medicine as
provided in chapter 169 .
c. A person carrying out a practice that is consistent with
animal husbandry practices.
d. A person acting in order to carry out another provision
of law which allows the conduct.
e. A person taking, hunting, trapping, or fishing for a wild
animal as provided in chapter 481A .
f. A person acting to protect the person’s property from a
wild animal as defined in section 481A.1 .
g. A person acting to protect a person from injury or death
caused by a wild animal as defined in section 481A.1 .
h. A person reasonably acting to protect the person’s
property from damage caused by an unconfined animal.
i. A person reasonably acting to protect a person from
injury or death caused by an unconfined animal.
j. A local authority reasonably acting to destroy an animal,
if at the time of the destruction, the owner of the animal is
absent or unable to care for the animal, and the animal is
permanently distressed by disease or injury to a degree that
would result in severe and prolonged suffering.
k. A research facility, as defined in section 162.2 ,
provided that the research facility performs functions within
the scope of accepted practices and disciplines associated with
the research facility.
l. A commercial establishment, provided that the commercial
establishment’s conduct complies with applicable standard of
care requirements in section 162.10A.
3. a. The following shall apply to a person who commits
animal torture:
(1) For the first conviction, the person is guilty of an
aggravated misdemeanor. The sentencing order shall provide
that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs
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of the evaluation and treatment shall be paid by the person.
In addition, the sentencing order shall provide that the person
complete a community work requirement, which may include a work
requirement performed at an animal shelter or pound, as defined
in section 162.2 , according to terms required by the court.
(2) For a second or subsequent conviction, the person is
guilty of a class “D” felony. The sentencing order shall
provide that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs
of the psychological evaluation and treatment shall be paid by
the person.
b. The juvenile court shall have exclusive original
jurisdiction in a proceeding concerning a child who is alleged
to have committed animal torture, in the manner provided in
section 232.8 . The juvenile court shall not waive jurisdiction
in a proceeding concerning an offense alleged to have been
committed by a child under the age of seventeen.
4. A person who commits animal torture is guilty of a class
“D” felony.
5. Notwithstanding subsection 4, a person who commits
animal torture is guilty of a class “C” felony if the person
has previously been convicted of committing animal abuse
pursuant to section 717B.2, animal neglect pursuant to section
717B.3, animal torture pursuant to this section, animal
abandonment pursuant to section 717B.3B, animal endangerment
pursuant to section 717B.3C, injury to or interference with
a police service dog pursuant to section 717B.9, bestiality
pursuant to section 717C.1, or an act involving a contest event
prohibited in section 717D.2.
Sec. 6. NEW SECTION . 717B.3B Animal mistreatment —— animal
abandonment —— penalties.
1. A person commits animal abandonment by knowingly or
recklessly relinquishing custody of an animal at a location in
which the person does not hold a legal or equitable interest if
the person does not do any of the following:
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a. Legally transfer the animal to another person.
b. Make reasonable arrangements for the transfer of custody
of the animal to a person who agrees to assume custody of the
animal.
c. Make other reasonable arrangements for the care of the
animal in a manner that would not constitute animal neglect
under section 717B.3.
2. A person who commits animal abandonment that does not
cause injury or death to an animal is guilty of a simple
misdemeanor.
3. A person who commits animal abandonment that causes
injury other than serious injury or death to an animal is
guilty of a serious misdemeanor.
4. A person who commits animal abandonment that causes
serious injury or death to an animal is guilty of an aggravated
misdemeanor.
5. Notwithstanding subsection 4, a person who commits
animal abandonment that causes serious injury or death to
an animal is guilty of a class “D” felony if the person has
previously been convicted of committing animal abandonment
pursuant to this section, animal abuse pursuant to section
717B.2, animal neglect pursuant to section 717B.3, animal
torture pursuant to section 717B.3A, animal endangerment
pursuant to section 717B.3C, injury to or interference with
a police service dog pursuant to section 717B.9, bestiality
pursuant to section 717C.1, or an act involving a contest event
prohibited in section 717D.2.
Sec. 7. NEW SECTION . 717B.3C Animal mistreatment —— animal
endangerment —— penalties.
1. A person commits animal endangerment when the person
confines an animal in a stationary motor vehicle in a manner
that endangers the health or life of the animal by exposing the
animal to a prolonged period of extreme interior temperature or
a long period without adequate ventilation.
2. A person who commits animal endangerment that does
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not cause injury or death to an animal is guilty of a simple
misdemeanor.
3. A person who commits animal endangerment that causes
injury other than serious injury or death to an animal is
guilty of a serious misdemeanor.
4. A person who commits animal endangerment that causes
serious injury or death to an animal is guilty of an aggravated
misdemeanor.
5. Notwithstanding subsection 4, a person who commits
animal endangerment that causes serious injury to an animal
is guilty of a class “D” felony if the person has previously
been convicted of committing animal endangerment pursuant to
this section, animal abuse pursuant to section 717B.2, animal
neglect pursuant to section 717B.3, animal torture pursuant
to section 717B.3A, animal abandonment pursuant to section
717B.3B, injury to or interference with a police service dog
pursuant to section 717B.9, bestiality pursuant to section
717C.1, or an act involving a contest event prohibited in
section 717D.2.
Sec. 8. NEW SECTION . 717B.3D Animal mistreatment —— court
order —— evaluation and treatment.
1. At the time of a person’s conviction for committing a
public offense constituting animal mistreatment, a court may
enter an order requiring the person to undergo a psychological
or psychiatric evaluation and to undergo any treatment that the
court determines to be appropriate after due consideration of
the evaluation. However, the court shall enter such an order
if the convicted person is any of the following:
a. A juvenile.
b. An adult committing animal abuse pursuant to section
717B.2, animal neglect punishable as an aggravated misdemeanor
or class “D” felony pursuant to section 717B.3, animal torture
pursuant to section 717B.3A, animal abandonment pursuant to
section 717B.3B, or animal endangerment pursuant to section
717B.3C.
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2. The costs of undergoing a psychological or psychiatric
evaluation and undergoing any treatment ordered by the court
shall be borne by the convicted person, unless the person is
a juvenile.
3. An order made under this section is in addition to any
other order or sentence of the court.
4. Any violation of the court order shall be punished as
contempt of court pursuant to chapter 665.
Sec. 9. NEW SECTION . 717B.3E Animal mistreatment ——
sentencing order —— prohibitions.
1. At the time of a person’s sentencing for committing a
public offense constituting animal mistreatment, a court may
prohibit the person from owning or obtaining custody of an
animal or residing in the same dwelling where an animal is
kept. The period of the prohibition shall be not less than
three years.
2. Notwithstanding subsection 1, the court shall enter such
an order if the convicted person has committed animal abuse
pursuant to section 717B.2, animal neglect punishable as an
aggravated misdemeanor or class “D” felony pursuant to section
717B.3, animal torture pursuant to section 717B.3A, animal
abandonment pursuant to section 717B.3B, or animal endangerment
pursuant to section 717B.3C. The period of such prohibition
shall be not less than ten years.
3. The duration of a prohibition described in this
section commences on the date that the person is placed on
probation, released on parole or work release, or released from
incarceration or from placement in a juvenile facility.
4. An order made pursuant to this section is in addition to
any other order or sentence of the court.
5. Any violation of the court order described in this
section is a public offense and shall be punished as a simple
misdemeanor.
Sec. 10. NEW SECTION . 717B.5A Rescue —— motor vehicles.
1. A law enforcement officer may rescue an animal from a
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stationary motor vehicle, including through the use of forced
entrance, if the law enforcement officer reasonably believes
that the animal may be suffering distress due to exposure to
extreme interior temperature or a lack of adequate ventilation.
The law enforcement officer’s action is justified regardless
of whether the law enforcement officer observed indications
of distress or whether the person could be charged with or
convicted of committing a public offense.
2. The law enforcement officer shall provide written
notice of the rescue to the animal’s responsible party. This
requirement is satisfied by placing the notice in a conspicuous
place located within the motor vehicle. The notice must state
where the rescued animal may be claimed.
3. The local authority shall provide for the maintenance
of the rescued animal as if it were a threatened animal under
section 717B.5. However, a dispositional proceeding under
section 717B.4 is not required if within ten days after the
date of the animal’s rescue the responsible party claims the
animal from the local authority. In order to claim the animal,
the responsible party must reimburse the local authority for
all reasonable costs that accrued from rescuing and maintaining
the animal.
Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3, shall not apply to this Act.
Sec. 12. REPEAL. Section 717B.8, Code 2019, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill amends Code chapter 717B prohibiting
the mistreatment of certain animals, including dogs and cats,
but excluding other animals such as livestock (Code chapter
717); game, fur-bearing animals, fish, reptiles, or amphibians
(Code chapter 481A), unless such animal is owned, confined,
or controlled by a person; or a nongame animal declared to be
a nuisance by the natural resource commission (Code section
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481A.42).
CODE CHAPTER 717B OFFENSES (ANIMAL MISTREATMENT) —— NON-CODE
CHAPTER 717B OFFENSES. The bill amends three offenses which
are part of Code chapter 717B. These include animal abuse
(Code section 717B.2), animal neglect (Code section 717B.3),
and animal torture (Code section 717B.3A). The bill creates
two new criminal offenses in Code chapter 717B including
animal abandonment (new Code section 717B.3B) and animal
endangerment (new Code section 717B.3C). It also refers to two
other offenses provided in the Code chapter which include the
abandonment of a cat or dog which is repealed (Code section
717B.8) and injury or interference with a police service dog
which has not been amended (Code section 717B.9). All of
these offenses are classified as animal mistreatment. Each
of the offenses other than interfering with a police service
dog includes an enhanced penalty that applies to a convicted
person who has previously committed any of the named offenses
classified as animal mistreatment; or committed a non-Code
chapter offense including bestiality (Code section 717C.1) or
an offense involving an animal contest (Code section 717D.4).
TYPES OF PRIMARY OFFENSES —— ABUSE. Animal abuse involves
intentionally injuring an animal by violence or poisoning.
The bill expands the intent element by adding acting either
knowingly or recklessly. It removes a provision that exempts
a person who acts with the consent of the animal’s owner. It
adds a provision exempting a commercial establishment engaged
in the breeding or transfer of nonagricultural animals,
so long as the commercial establishment’s conduct complies
with applicable standard of care requirements (Code section
162.10A). The bill reduces the penalty from an aggravated to a
serious misdemeanor for committing animal abuse that does not
cause an animal serious injury or death and retains the penalty
of aggravated misdemeanor for committing animal abuse that
causes an animal serious injury or death. It provides that the
aggravated misdemeanor may be enhanced to a class “D” felony
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if the person was previously convicted of one of the named
offenses classified as animal mistreatment.
TYPES OF OFFENSES —— NEGLECT. Animal neglect involves
failing to provide an animal with adequate food, water, or
shelter, or torturing the animal. The bill rewrites these
requirements by requiring that an animal be furnished with
adequate supplies of nutritional food, access to potable water,
adequate sanitary conditions, ventilated shelter sufficient
to provide the animal with protection from extreme weather
conditions, and necessary veterinary care. The bill eliminates
the torture prohibition. It retains the criminal penalty which
is a simple misdemeanor. However, the penalty is increased to
a serious misdemeanor if the animal suffers an injury and to an
aggravated misdemeanor if the animal suffers a serious injury
or death. In a case where the animal suffers a serious injury
or death, the aggravated misdemeanor may be enhanced to a class
“D” felony if the person was previously convicted of one of the
named offenses.
TYPES OF OFFENSES —— TORTURE. Animal torture involves
inflicting upon an animal severe physical pain with depraved
or sadistic intent to cause prolonged suffering or death. The
bill requires that the act constitute an intentional, knowing,
or reckless infliction of prolonged or repeated physical pain
that results in suffering and serious injury or death. It adds
a provision exempting a commercial establishment engaged in the
breeding or transfer of nonagricultural animals, so long as the
commercial establishment’s conduct complies with applicable
standard of care requirements (Code section 162.10A). It
replaces the current penalties for animal torture. A person
is no longer guilty of an aggravated misdemeanor for the first
offense and a class “D” felony for a subsequent offense.
Instead, a person is guilty of a class “D” felony, which is
enhanced to a class “C” felony if the person was previously
convicted of one of the named offenses. It also eliminates
a requirement that a person convicted of animal torture must
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submit to psychological evaluation and treatment.
TYPES OF OFFENSES —— ABANDONMENT. The bill creates a new
offense, animal abandonment, which involves knowingly or
recklessly relinquishing custody of an animal at a location in
which the person does not hold a legal or equitable interest.
There are exceptions in cases of transferring ownership or
custody or making arrangements for the care of the animal. The
criminal penalty is a simple misdemeanor. However, the penalty
is increased to a serious misdemeanor if the animal suffers an
injury and to an aggravated misdemeanor if the animal suffers
a serious injury or death. In a case where the animal suffers
a serious injury or death, the aggravated misdemeanor may be
enhanced to a class “D” felony if the person was previously
convicted of one of the named offenses.
TYPES OF OFFENSES —— ENDANGERMENT. The bill provides
that animal endangerment involves confining an animal in a
stationary motor vehicle in a manner that exposes the animal to
a prolonged period of extreme interior temperature or a long
period without adequate ventilation. The criminal penalty is
a simple misdemeanor. However, the penalty is increased to a
serious misdemeanor if the animal suffers an injury and to an
aggravated misdemeanor if the animal suffers a serious injury
or death. In a case where the animal suffers a serious injury
or death, the aggravated misdemeanor may be enhanced to a class
“D” felony if the person was previously convicted of one of the
named offenses.
APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
as follows: (1) simple misdemeanor, confinement for no more
than 30 days or a fine of at least $65 but not more than $625 or
by both; (2) serious misdemeanor, confinement for no more than
one year and a fine of at least $315 but not more than $1,875;
(3) aggravated misdemeanor, confinement for no more than two
years and a fine of at least $625 but not more than $6,250; (4)
class “D” felony, confinement for no more than five years and a
fine of at least $750 but not more than $7,500; and (5) class
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“C” felony, confinement for no more than 10 years and a fine of
at least $1,000 but not more than $10,000.
COURT ORDERS. At the time of conviction for committing any
of the offenses classified as animal mistreatment, a person
may be subject to a court order requiring a psychological
or psychiatric evaluation and treatment. The person may
also be subject to a court order prohibiting the person from
owning, possessing, or living with an animal. In each case,
the court’s decision to issue an order is discretionary
except under certain conditions. A court order requiring an
evaluation and treatment is mandatory for juveniles. That
order and the order prohibiting contact with animals is also
mandatory for some offenses. For a discretionary court order,
the period of prohibition is for not less than three years.
For a mandatory court order, the period of prohibition is not
less than 10 years.
ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS. The bill
provides that a law enforcement officer (e.g., county sheriff
or deputy sheriff) is authorized to rescue an animal from a
motor vehicle based upon a reasonable belief that the animal
may be suffering distress. The officer must provide a written
notice of the rescue. After the rescue, the animal must be
maintained as a rescued animal by the local authority until it
is claimed or disposed of pursuant to court order.
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