Bill Text: IA SF369 | 2019-2020 | 88th General Assembly | Introduced
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
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
1
livestock
and
wild
animals,
providing
for
the
rescue
of
2
animals
by
local
law
enforcement
agencies,
providing
for
3
criminal
offenses
and
court
orders,
and
including
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
717B.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
2A.
“Animal
mistreatment”
means
an
act
3
described
as
animal
abuse
as
provided
in
section
717B.2,
4
animal
neglect
as
provided
in
section
717B.3,
animal
torture
5
as
provided
in
section
717B.3A,
animal
abandonment
as
provided
6
in
section
717B.3B,
animal
endangerment
as
provided
in
section
7
717B.3C,
or
injury
to
or
interference
with
a
police
service
dog
8
as
provided
in
section
717B.9.
9
NEW
SUBSECTION
.
3A.
“Commercial
establishment”
means
the
10
same
as
defined
in
section
162.2.
11
NEW
SUBSECTION
.
3B.
a.
“Convicted”
means
found
guilty
of,
12
pleads
guilty
to,
or
is
sentenced
or
adjudicated
delinquent
13
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
14
another
state,
including
but
not
limited
to
a
juvenile
who
has
15
been
adjudicated
delinquent,
whether
or
not
the
juvenile
court
16
records
have
been
sealed
under
section
232.150,
and
a
person
17
who
has
received
a
deferred
sentence
or
a
deferred
judgment
or
18
has
been
acquitted
by
reason
of
insanity.
19
b.
“Convicted”
includes
the
conviction
of
a
juvenile
20
prosecuted
as
an
adult.
“Convicted”
also
includes
a
conviction
21
for
an
attempt
or
conspiracy
to
commit
an
offense.
22
c.
“Convicted”
does
not
mean
a
plea,
sentence,
adjudication,
23
deferred
sentence,
or
deferred
judgment
which
has
been
reversed
24
or
otherwise
set
aside.
25
NEW
SUBSECTION
.
4A.
“Injury”
means
an
impairment
to
an
26
animal’s
health
or
functions,
including
physical
damage
or
harm
27
to
an
animal’s
muscle,
tissue,
organs,
bones,
hide,
or
skin,
28
that
causes
the
animal
to
suffer
pain.
29
NEW
SUBSECTION
.
8A.
“Serious
injury”
means
an
injury
that
30
creates
a
substantial
risk
of
death
or
that
causes
protracted
31
disfigurement,
protracted
impairment
of
health,
or
protracted
32
loss
or
impairment
of
the
function
of
a
limb
or
organ.
33
Sec.
2.
Section
717B.1,
subsection
9,
Code
2019,
is
amended
34
to
read
as
follows:
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9.
“Threatened
animal”
means
an
animal
that
is
abused
as
1
provided
in
section
717B.2
,
neglected
as
provided
in
section
2
717B.3
,
or
tortured
as
provided
in
section
717B.3A
suffers
from
3
animal
mistreatment
.
4
Sec.
3.
Section
717B.2,
Code
2019,
is
amended
to
read
as
5
follows:
6
717B.2
Animal
abuse
——
penalties
.
7
1.
A
person
is
guilty
of
animal
abuse
if
the
person
8
intentionally
injures,
maims,
disfigures,
or
destroys
an
animal
9
owned
by
another
person,
in
any
manner,
including
intentionally
10
poisoning
the
animal
commits
animal
abuse
when
the
person
11
intentionally,
knowingly,
or
recklessly
causes
injury,
serious
12
injury,
or
death
to
an
animal
by
force,
violence,
or
poisoning
.
13
A
person
guilty
of
animal
abuse
is
guilty
of
an
aggravated
14
misdemeanor.
15
2.
This
section
shall
not
apply
to
conduct
engaged
in
by
any
16
of
the
following:
17
1.
A
person
acting
with
the
consent
of
the
person
owning
18
the
animal,
unless
the
action
constitutes
animal
neglect
as
19
provided
in
section
717B.3
.
20
2.
a.
A
person
acting
to
carry
out
an
order
issued
by
a
21
court.
22
3.
b.
A
licensed
veterinarian
practicing
veterinary
23
medicine
as
provided
in
chapter
169
.
24
4.
c.
A
person
acting
in
order
to
carry
out
another
25
provision
of
law
which
allows
the
conduct.
26
5.
d.
A
person
taking,
hunting,
trapping,
or
fishing
for
a
27
wild
animal
as
provided
in
chapter
481A
.
28
6.
e.
A
person
acting
to
protect
the
person’s
property
from
29
a
wild
animal
as
defined
in
section
481A.1
.
30
7.
f.
A
person
acting
to
protect
a
person
from
injury
or
31
death
caused
by
a
wild
animal
as
defined
in
section
481A.1
.
32
8.
g.
A
person
reasonably
acting
to
protect
the
person’s
33
property
from
damage
caused
by
an
unconfined
animal.
34
9.
h.
A
person
reasonably
acting
to
protect
a
person
from
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injury
or
death
caused
by
an
unconfined
animal.
1
10.
i.
A
local
authority
reasonably
acting
to
destroy
an
2
animal,
if
at
the
time
of
the
destruction,
the
owner
of
the
3
animal
is
absent
or
unable
to
care
for
the
animal,
and
the
4
animal
is
permanently
distressed
by
disease
or
injury
to
a
5
degree
that
would
result
in
severe
and
prolonged
suffering.
6
11.
j.
A
research
facility,
as
defined
in
section
162.2
,
7
provided
that
the
research
facility
performs
functions
within
8
the
scope
of
accepted
practices
and
disciplines
associated
with
9
the
research
facility.
10
k.
A
commercial
establishment,
provided
that
the
commercial
11
establishment’s
conduct
complies
with
applicable
standard
of
12
care
requirements
in
section
162.10A.
13
3.
A
person
who
commits
animal
abuse
that
does
not
cause
14
serious
injury
or
death
to
an
animal
is
guilty
of
a
serious
15
misdemeanor.
16
4.
A
person
who
commits
animal
abuse
that
causes
serious
17
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
18
misdemeanor.
19
5.
Notwithstanding
subsection
4,
a
person
who
commits
20
animal
abuse
that
causes
serious
injury
or
death
to
an
animal
21
is
guilty
of
a
class
“D”
felony
if
the
person
has
previously
22
been
convicted
of
committing
animal
abuse
pursuant
to
this
23
section,
animal
neglect
pursuant
to
section
717B.3,
animal
24
torture
pursuant
to
section
717B.3A,
animal
abandonment
25
pursuant
to
section
717B.3B,
animal
endangerment
pursuant
26
to
section
717B.3C,
injury
to
or
interference
with
a
police
27
service
dog
pursuant
to
section
717B.9,
bestiality
pursuant
to
28
section
717C.1,
or
an
act
involving
a
contest
event
prohibited
29
in
section
717D.2.
30
Sec.
4.
Section
717B.3,
Code
2019,
is
amended
to
read
as
31
follows:
32
717B.3
Animal
mistreatment
——
animal
neglect
——
penalties
.
33
1.
A
person
who
impounds
or
commits
animal
neglect
when
34
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
1
person
does
any
of
the
following:
2
a.
Fails
and
fails
to
supply
the
animal
during
confinement
3
with
a
sufficient
quantity
of
food
or
water.
reasonably
provide
4
the
animal
with
any
of
the
following:
5
a.
Access
to
food
in
an
amount
and
quality
sufficient
to
6
satisfy
the
animal’s
basic
nutrition
level.
7
b.
Fails
to
provide
a
confined
dog
or
cat
with
adequate
8
shelter.
Access
to
a
supply
of
potable
water
in
an
amount
9
sufficient
to
satisfy
the
animal’s
basic
hydration
level.
10
Access
to
snow
or
ice
does
not
satisfy
this
requirement.
11
c.
Tortures,
deprives
of
necessary
sustenance,
mutilates,
12
beats,
or
kills
an
animal
by
any
means
which
causes
unjustified
13
pain,
distress,
or
suffering.
Sanitary
conditions
free
from
14
excessive
animal
waste
or
the
overcrowding
of
animals.
15
d.
Ventilated
shelter
sufficient
to
provide
adequate
16
protection
from
the
elements
and
weather
conditions
suitable
17
for
the
age,
species,
and
physical
condition
of
the
animal
18
so
as
to
maintain
the
animal
in
a
state
of
good
health.
The
19
shelter
must
protect
the
animal
from
wind,
rain,
snow,
or
sun
20
and
have
adequate
bedding
to
provide
protection
against
cold
21
and
dampness.
A
shelter
may
include
a
residence,
garage,
barn,
22
shed,
or
doghouse.
23
e.
Grooming,
to
the
extent
reasonably
necessary
to
prevent
24
adverse
health
effects
or
suffering.
25
f.
Veterinary
care
deemed
necessary
by
a
reasonably
26
prudent
person
to
relieve
an
animal’s
distress
from
any
of
the
27
following:
28
(1)
A
condition
caused
by
failing
to
provide
for
the
29
animal’s
welfare
as
described
in
paragraphs
“a”
through
“f”
.
30
(2)
An
injury
or
illness
suffered
by
the
animal
causing
the
31
animal
to
suffer
prolonged
pain
and
suffering.
32
2.
This
section
does
not
apply
to
a
research
facility,
as
33
defined
in
section
162.2
,
provided
that
the
research
facility
34
performs
functions
within
the
scope
of
accepted
practices
and
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disciplines
associated
with
the
research
facility.
1
3.
A
person
who
negligently
or
intentionally
commits
the
2
offense
of
animal
neglect
that
does
not
cause
injury
or
death
3
to
an
animal
is
guilty
of
a
simple
misdemeanor.
A
person
who
4
intentionally
commits
the
offense
of
animal
neglect
which
5
results
in
serious
injury
to
or
the
death
of
an
animal
is
6
guilty
of
a
serious
misdemeanor.
7
4.
A
person
who
commits
animal
neglect
that
causes
injury
8
other
than
serious
injury
or
death
to
an
animal
is
guilty
of
a
9
serious
misdemeanor.
10
5.
A
person
who
commits
animal
neglect
which
causes
serious
11
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
12
misdemeanor.
13
6.
Notwithstanding
subsection
5,
a
person
who
commits
14
animal
neglect
which
causes
serious
injury
or
death
to
an
15
animal
is
guilty
of
a
class
“D”
felony
if
the
person
has
been
16
previously
convicted
of
animal
abuse
pursuant
to
section
17
717B.2,
animal
neglect
pursuant
to
this
section,
animal
torture
18
pursuant
to
section
717B.3A,
animal
abandonment
pursuant
to
19
section
717B.3B,
animal
endangerment
pursuant
to
section
20
717B.3C,
injury
to
or
interference
with
a
police
service
dog
21
pursuant
to
section
717B.9,
bestiality
pursuant
to
section
22
717C.1,
or
an
act
involving
a
contest
event
prohibited
in
23
section
717D.2.
24
Sec.
5.
Section
717B.3A,
Code
2019,
is
amended
to
read
as
25
follows:
26
717B.3A
Animal
mistreatment
——
animal
torture
——
penalties
.
27
1.
A
person
is
guilty
of
animal
torture
,
regardless
of
28
whether
the
person
is
the
owner
of
the
animal,
if
when
the
29
person
intentionally,
knowingly,
or
recklessly
inflicts
upon
30
the
animal
severe
and
prolonged
or
repeated
physical
pain
with
31
a
depraved
or
sadistic
intent
to
cause
prolonged
that
results
32
in
the
animal’s
suffering
and
serious
injury
or
death.
33
2.
This
section
shall
not
apply
to
conduct
engaged
in
by
any
34
of
the
following:
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a.
A
person
acting
to
carry
out
an
order
issued
by
a
court.
1
b.
A
licensed
veterinarian
practicing
veterinary
medicine
as
2
provided
in
chapter
169
.
3
c.
A
person
carrying
out
a
practice
that
is
consistent
with
4
animal
husbandry
practices.
5
d.
A
person
acting
in
order
to
carry
out
another
provision
6
of
law
which
allows
the
conduct.
7
e.
A
person
taking,
hunting,
trapping,
or
fishing
for
a
wild
8
animal
as
provided
in
chapter
481A
.
9
f.
A
person
acting
to
protect
the
person’s
property
from
a
10
wild
animal
as
defined
in
section
481A.1
.
11
g.
A
person
acting
to
protect
a
person
from
injury
or
death
12
caused
by
a
wild
animal
as
defined
in
section
481A.1
.
13
h.
A
person
reasonably
acting
to
protect
the
person’s
14
property
from
damage
caused
by
an
unconfined
animal.
15
i.
A
person
reasonably
acting
to
protect
a
person
from
16
injury
or
death
caused
by
an
unconfined
animal.
17
j.
A
local
authority
reasonably
acting
to
destroy
an
animal,
18
if
at
the
time
of
the
destruction,
the
owner
of
the
animal
is
19
absent
or
unable
to
care
for
the
animal,
and
the
animal
is
20
permanently
distressed
by
disease
or
injury
to
a
degree
that
21
would
result
in
severe
and
prolonged
suffering.
22
k.
A
research
facility,
as
defined
in
section
162.2
,
23
provided
that
the
research
facility
performs
functions
within
24
the
scope
of
accepted
practices
and
disciplines
associated
with
25
the
research
facility.
26
l.
A
commercial
establishment,
provided
that
the
commercial
27
establishment’s
conduct
complies
with
applicable
standard
of
28
care
requirements
in
section
162.10A.
29
3.
a.
The
following
shall
apply
to
a
person
who
commits
30
animal
torture:
31
(1)
For
the
first
conviction,
the
person
is
guilty
of
an
32
aggravated
misdemeanor.
The
sentencing
order
shall
provide
33
that
the
person
submit
to
psychological
evaluation
and
34
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.
1
In
addition,
the
sentencing
order
shall
provide
that
the
person
2
complete
a
community
work
requirement,
which
may
include
a
work
3
requirement
performed
at
an
animal
shelter
or
pound,
as
defined
4
in
section
162.2
,
according
to
terms
required
by
the
court.
5
(2)
For
a
second
or
subsequent
conviction,
the
person
is
6
guilty
of
a
class
“D”
felony.
The
sentencing
order
shall
7
provide
that
the
person
submit
to
psychological
evaluation
and
8
treatment
according
to
terms
required
by
the
court.
The
costs
9
of
the
psychological
evaluation
and
treatment
shall
be
paid
by
10
the
person.
11
b.
The
juvenile
court
shall
have
exclusive
original
12
jurisdiction
in
a
proceeding
concerning
a
child
who
is
alleged
13
to
have
committed
animal
torture,
in
the
manner
provided
in
14
section
232.8
.
The
juvenile
court
shall
not
waive
jurisdiction
15
in
a
proceeding
concerning
an
offense
alleged
to
have
been
16
committed
by
a
child
under
the
age
of
seventeen.
17
4.
A
person
who
commits
animal
torture
is
guilty
of
a
class
18
“D”
felony.
19
5.
Notwithstanding
subsection
4,
a
person
who
commits
20
animal
torture
is
guilty
of
a
class
“C”
felony
if
the
person
21
has
previously
been
convicted
of
committing
animal
abuse
22
pursuant
to
section
717B.2,
animal
neglect
pursuant
to
section
23
717B.3,
animal
torture
pursuant
to
this
section,
animal
24
abandonment
pursuant
to
section
717B.3B,
animal
endangerment
25
pursuant
to
section
717B.3C,
injury
to
or
interference
with
26
a
police
service
dog
pursuant
to
section
717B.9,
bestiality
27
pursuant
to
section
717C.1,
or
an
act
involving
a
contest
event
28
prohibited
in
section
717D.2.
29
Sec.
6.
NEW
SECTION
.
717B.3B
Animal
mistreatment
——
animal
30
abandonment
——
penalties.
31
1.
A
person
commits
animal
abandonment
by
knowingly
or
32
recklessly
relinquishing
custody
of
an
animal
at
a
location
in
33
which
the
person
does
not
hold
a
legal
or
equitable
interest
if
34
the
person
does
not
do
any
of
the
following:
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a.
Legally
transfer
the
animal
to
another
person.
1
b.
Make
reasonable
arrangements
for
the
transfer
of
custody
2
of
the
animal
to
a
person
who
agrees
to
assume
custody
of
the
3
animal.
4
c.
Make
other
reasonable
arrangements
for
the
care
of
the
5
animal
in
a
manner
that
would
not
constitute
animal
neglect
6
under
section
717B.3.
7
2.
A
person
who
commits
animal
abandonment
that
does
not
8
cause
injury
or
death
to
an
animal
is
guilty
of
a
simple
9
misdemeanor.
10
3.
A
person
who
commits
animal
abandonment
that
causes
11
injury
other
than
serious
injury
or
death
to
an
animal
is
12
guilty
of
a
serious
misdemeanor.
13
4.
A
person
who
commits
animal
abandonment
that
causes
14
serious
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
15
misdemeanor.
16
5.
Notwithstanding
subsection
4,
a
person
who
commits
17
animal
abandonment
that
causes
serious
injury
or
death
to
18
an
animal
is
guilty
of
a
class
“D”
felony
if
the
person
has
19
previously
been
convicted
of
committing
animal
abandonment
20
pursuant
to
this
section,
animal
abuse
pursuant
to
section
21
717B.2,
animal
neglect
pursuant
to
section
717B.3,
animal
22
torture
pursuant
to
section
717B.3A,
animal
endangerment
23
pursuant
to
section
717B.3C,
injury
to
or
interference
with
24
a
police
service
dog
pursuant
to
section
717B.9,
bestiality
25
pursuant
to
section
717C.1,
or
an
act
involving
a
contest
event
26
prohibited
in
section
717D.2.
27
Sec.
7.
NEW
SECTION
.
717B.3C
Animal
mistreatment
——
animal
28
endangerment
——
penalties.
29
1.
A
person
commits
animal
endangerment
when
the
person
30
confines
an
animal
in
a
stationary
motor
vehicle
in
a
manner
31
that
endangers
the
health
or
life
of
the
animal
by
exposing
the
32
animal
to
a
prolonged
period
of
extreme
interior
temperature
or
33
a
long
period
without
adequate
ventilation.
34
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
1
misdemeanor.
2
3.
A
person
who
commits
animal
endangerment
that
causes
3
injury
other
than
serious
injury
or
death
to
an
animal
is
4
guilty
of
a
serious
misdemeanor.
5
4.
A
person
who
commits
animal
endangerment
that
causes
6
serious
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
7
misdemeanor.
8
5.
Notwithstanding
subsection
4,
a
person
who
commits
9
animal
endangerment
that
causes
serious
injury
to
an
animal
10
is
guilty
of
a
class
“D”
felony
if
the
person
has
previously
11
been
convicted
of
committing
animal
endangerment
pursuant
to
12
this
section,
animal
abuse
pursuant
to
section
717B.2,
animal
13
neglect
pursuant
to
section
717B.3,
animal
torture
pursuant
14
to
section
717B.3A,
animal
abandonment
pursuant
to
section
15
717B.3B,
injury
to
or
interference
with
a
police
service
dog
16
pursuant
to
section
717B.9,
bestiality
pursuant
to
section
17
717C.1,
or
an
act
involving
a
contest
event
prohibited
in
18
section
717D.2.
19
Sec.
8.
NEW
SECTION
.
717B.3D
Animal
mistreatment
——
court
20
order
——
evaluation
and
treatment.
21
1.
At
the
time
of
a
person’s
conviction
for
committing
a
22
public
offense
constituting
animal
mistreatment,
a
court
may
23
enter
an
order
requiring
the
person
to
undergo
a
psychological
24
or
psychiatric
evaluation
and
to
undergo
any
treatment
that
the
25
court
determines
to
be
appropriate
after
due
consideration
of
26
the
evaluation.
However,
the
court
shall
enter
such
an
order
27
if
the
convicted
person
is
any
of
the
following:
28
a.
A
juvenile.
29
b.
An
adult
committing
animal
abuse
pursuant
to
section
30
717B.2,
animal
neglect
punishable
as
an
aggravated
misdemeanor
31
or
class
“D”
felony
pursuant
to
section
717B.3,
animal
torture
32
pursuant
to
section
717B.3A,
animal
abandonment
pursuant
to
33
section
717B.3B,
or
animal
endangerment
pursuant
to
section
34
717B.3C.
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2.
The
costs
of
undergoing
a
psychological
or
psychiatric
1
evaluation
and
undergoing
any
treatment
ordered
by
the
court
2
shall
be
borne
by
the
convicted
person,
unless
the
person
is
3
a
juvenile.
4
3.
An
order
made
under
this
section
is
in
addition
to
any
5
other
order
or
sentence
of
the
court.
6
4.
Any
violation
of
the
court
order
shall
be
punished
as
7
contempt
of
court
pursuant
to
chapter
665.
8
Sec.
9.
NEW
SECTION
.
717B.3E
Animal
mistreatment
——
9
sentencing
order
——
prohibitions.
10
1.
At
the
time
of
a
person’s
sentencing
for
committing
a
11
public
offense
constituting
animal
mistreatment,
a
court
may
12
prohibit
the
person
from
owning
or
obtaining
custody
of
an
13
animal
or
residing
in
the
same
dwelling
where
an
animal
is
14
kept.
The
period
of
the
prohibition
shall
be
not
less
than
15
three
years.
16
2.
Notwithstanding
subsection
1,
the
court
shall
enter
such
17
an
order
if
the
convicted
person
has
committed
animal
abuse
18
pursuant
to
section
717B.2,
animal
neglect
punishable
as
an
19
aggravated
misdemeanor
or
class
“D”
felony
pursuant
to
section
20
717B.3,
animal
torture
pursuant
to
section
717B.3A,
animal
21
abandonment
pursuant
to
section
717B.3B,
or
animal
endangerment
22
pursuant
to
section
717B.3C.
The
period
of
such
prohibition
23
shall
be
not
less
than
ten
years.
24
3.
The
duration
of
a
prohibition
described
in
this
25
section
commences
on
the
date
that
the
person
is
placed
on
26
probation,
released
on
parole
or
work
release,
or
released
from
27
incarceration
or
from
placement
in
a
juvenile
facility.
28
4.
An
order
made
pursuant
to
this
section
is
in
addition
to
29
any
other
order
or
sentence
of
the
court.
30
5.
Any
violation
of
the
court
order
described
in
this
31
section
is
a
public
offense
and
shall
be
punished
as
a
simple
32
misdemeanor.
33
Sec.
10.
NEW
SECTION
.
717B.5A
Rescue
——
motor
vehicles.
34
1.
A
law
enforcement
officer
may
rescue
an
animal
from
a
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stationary
motor
vehicle,
including
through
the
use
of
forced
1
entrance,
if
the
law
enforcement
officer
reasonably
believes
2
that
the
animal
may
be
suffering
distress
due
to
exposure
to
3
extreme
interior
temperature
or
a
lack
of
adequate
ventilation.
4
The
law
enforcement
officer’s
action
is
justified
regardless
5
of
whether
the
law
enforcement
officer
observed
indications
6
of
distress
or
whether
the
person
could
be
charged
with
or
7
convicted
of
committing
a
public
offense.
8
2.
The
law
enforcement
officer
shall
provide
written
9
notice
of
the
rescue
to
the
animal’s
responsible
party.
This
10
requirement
is
satisfied
by
placing
the
notice
in
a
conspicuous
11
place
located
within
the
motor
vehicle.
The
notice
must
state
12
where
the
rescued
animal
may
be
claimed.
13
3.
The
local
authority
shall
provide
for
the
maintenance
14
of
the
rescued
animal
as
if
it
were
a
threatened
animal
under
15
section
717B.5.
However,
a
dispositional
proceeding
under
16
section
717B.4
is
not
required
if
within
ten
days
after
the
17
date
of
the
animal’s
rescue
the
responsible
party
claims
the
18
animal
from
the
local
authority.
In
order
to
claim
the
animal,
19
the
responsible
party
must
reimburse
the
local
authority
for
20
all
reasonable
costs
that
accrued
from
rescuing
and
maintaining
21
the
animal.
22
Sec.
11.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
23
3,
shall
not
apply
to
this
Act.
24
Sec.
12.
REPEAL.
Section
717B.8,
Code
2019,
is
repealed.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
GENERAL.
This
bill
amends
Code
chapter
717B
prohibiting
29
the
mistreatment
of
certain
animals,
including
dogs
and
cats,
30
but
excluding
other
animals
such
as
livestock
(Code
chapter
31
717);
game,
fur-bearing
animals,
fish,
reptiles,
or
amphibians
32
(Code
chapter
481A),
unless
such
animal
is
owned,
confined,
33
or
controlled
by
a
person;
or
a
nongame
animal
declared
to
be
34
a
nuisance
by
the
natural
resource
commission
(Code
section
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481A.42).
1
CODE
CHAPTER
717B
OFFENSES
(ANIMAL
MISTREATMENT)
——
NON-CODE
2
CHAPTER
717B
OFFENSES.
The
bill
amends
three
offenses
which
3
are
part
of
Code
chapter
717B.
These
include
animal
abuse
4
(Code
section
717B.2),
animal
neglect
(Code
section
717B.3),
5
and
animal
torture
(Code
section
717B.3A).
The
bill
creates
6
two
new
criminal
offenses
in
Code
chapter
717B
including
7
animal
abandonment
(new
Code
section
717B.3B)
and
animal
8
endangerment
(new
Code
section
717B.3C).
It
also
refers
to
two
9
other
offenses
provided
in
the
Code
chapter
which
include
the
10
abandonment
of
a
cat
or
dog
which
is
repealed
(Code
section
11
717B.8)
and
injury
or
interference
with
a
police
service
dog
12
which
has
not
been
amended
(Code
section
717B.9).
All
of
13
these
offenses
are
classified
as
animal
mistreatment.
Each
14
of
the
offenses
other
than
interfering
with
a
police
service
15
dog
includes
an
enhanced
penalty
that
applies
to
a
convicted
16
person
who
has
previously
committed
any
of
the
named
offenses
17
classified
as
animal
mistreatment;
or
committed
a
non-Code
18
chapter
offense
including
bestiality
(Code
section
717C.1)
or
19
an
offense
involving
an
animal
contest
(Code
section
717D.4).
20
TYPES
OF
PRIMARY
OFFENSES
——
ABUSE.
Animal
abuse
involves
21
intentionally
injuring
an
animal
by
violence
or
poisoning.
22
The
bill
expands
the
intent
element
by
adding
acting
either
23
knowingly
or
recklessly.
It
removes
a
provision
that
exempts
24
a
person
who
acts
with
the
consent
of
the
animal’s
owner.
It
25
adds
a
provision
exempting
a
commercial
establishment
engaged
26
in
the
breeding
or
transfer
of
nonagricultural
animals,
27
so
long
as
the
commercial
establishment’s
conduct
complies
28
with
applicable
standard
of
care
requirements
(Code
section
29
162.10A).
The
bill
reduces
the
penalty
from
an
aggravated
to
a
30
serious
misdemeanor
for
committing
animal
abuse
that
does
not
31
cause
an
animal
serious
injury
or
death
and
retains
the
penalty
32
of
aggravated
misdemeanor
for
committing
animal
abuse
that
33
causes
an
animal
serious
injury
or
death.
It
provides
that
the
34
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
1
offenses
classified
as
animal
mistreatment.
2
TYPES
OF
OFFENSES
——
NEGLECT.
Animal
neglect
involves
3
failing
to
provide
an
animal
with
adequate
food,
water,
or
4
shelter,
or
torturing
the
animal.
The
bill
rewrites
these
5
requirements
by
requiring
that
an
animal
be
furnished
with
6
adequate
supplies
of
nutritional
food,
access
to
potable
water,
7
adequate
sanitary
conditions,
ventilated
shelter
sufficient
8
to
provide
the
animal
with
protection
from
extreme
weather
9
conditions,
and
necessary
veterinary
care.
The
bill
eliminates
10
the
torture
prohibition.
It
retains
the
criminal
penalty
which
11
is
a
simple
misdemeanor.
However,
the
penalty
is
increased
to
12
a
serious
misdemeanor
if
the
animal
suffers
an
injury
and
to
an
13
aggravated
misdemeanor
if
the
animal
suffers
a
serious
injury
14
or
death.
In
a
case
where
the
animal
suffers
a
serious
injury
15
or
death,
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
16
“D”
felony
if
the
person
was
previously
convicted
of
one
of
the
17
named
offenses.
18
TYPES
OF
OFFENSES
——
TORTURE.
Animal
torture
involves
19
inflicting
upon
an
animal
severe
physical
pain
with
depraved
20
or
sadistic
intent
to
cause
prolonged
suffering
or
death.
The
21
bill
requires
that
the
act
constitute
an
intentional,
knowing,
22
or
reckless
infliction
of
prolonged
or
repeated
physical
pain
23
that
results
in
suffering
and
serious
injury
or
death.
It
adds
24
a
provision
exempting
a
commercial
establishment
engaged
in
the
25
breeding
or
transfer
of
nonagricultural
animals,
so
long
as
the
26
commercial
establishment’s
conduct
complies
with
applicable
27
standard
of
care
requirements
(Code
section
162.10A).
It
28
replaces
the
current
penalties
for
animal
torture.
A
person
29
is
no
longer
guilty
of
an
aggravated
misdemeanor
for
the
first
30
offense
and
a
class
“D”
felony
for
a
subsequent
offense.
31
Instead,
a
person
is
guilty
of
a
class
“D”
felony,
which
is
32
enhanced
to
a
class
“C”
felony
if
the
person
was
previously
33
convicted
of
one
of
the
named
offenses.
It
also
eliminates
34
a
requirement
that
a
person
convicted
of
animal
torture
must
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submit
to
psychological
evaluation
and
treatment.
1
TYPES
OF
OFFENSES
——
ABANDONMENT.
The
bill
creates
a
new
2
offense,
animal
abandonment,
which
involves
knowingly
or
3
recklessly
relinquishing
custody
of
an
animal
at
a
location
in
4
which
the
person
does
not
hold
a
legal
or
equitable
interest.
5
There
are
exceptions
in
cases
of
transferring
ownership
or
6
custody
or
making
arrangements
for
the
care
of
the
animal.
The
7
criminal
penalty
is
a
simple
misdemeanor.
However,
the
penalty
8
is
increased
to
a
serious
misdemeanor
if
the
animal
suffers
an
9
injury
and
to
an
aggravated
misdemeanor
if
the
animal
suffers
10
a
serious
injury
or
death.
In
a
case
where
the
animal
suffers
11
a
serious
injury
or
death,
the
aggravated
misdemeanor
may
be
12
enhanced
to
a
class
“D”
felony
if
the
person
was
previously
13
convicted
of
one
of
the
named
offenses.
14
TYPES
OF
OFFENSES
——
ENDANGERMENT.
The
bill
provides
15
that
animal
endangerment
involves
confining
an
animal
in
a
16
stationary
motor
vehicle
in
a
manner
that
exposes
the
animal
to
17
a
prolonged
period
of
extreme
interior
temperature
or
a
long
18
period
without
adequate
ventilation.
The
criminal
penalty
is
19
a
simple
misdemeanor.
However,
the
penalty
is
increased
to
a
20
serious
misdemeanor
if
the
animal
suffers
an
injury
and
to
an
21
aggravated
misdemeanor
if
the
animal
suffers
a
serious
injury
22
or
death.
In
a
case
where
the
animal
suffers
a
serious
injury
23
or
death,
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
24
“D”
felony
if
the
person
was
previously
convicted
of
one
of
the
25
named
offenses.
26
APPLICABLE
CRIMINAL
PENALTIES.
The
criminal
penalties
are
27
as
follows:
(1)
simple
misdemeanor,
confinement
for
no
more
28
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
29
by
both;
(2)
serious
misdemeanor,
confinement
for
no
more
than
30
one
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875;
31
(3)
aggravated
misdemeanor,
confinement
for
no
more
than
two
32
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
(4)
33
class
“D”
felony,
confinement
for
no
more
than
five
years
and
a
34
fine
of
at
least
$750
but
not
more
than
$7,500;
and
(5)
class
35
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369
“C”
felony,
confinement
for
no
more
than
10
years
and
a
fine
of
1
at
least
$1,000
but
not
more
than
$10,000.
2
COURT
ORDERS.
At
the
time
of
conviction
for
committing
any
3
of
the
offenses
classified
as
animal
mistreatment,
a
person
4
may
be
subject
to
a
court
order
requiring
a
psychological
5
or
psychiatric
evaluation
and
treatment.
The
person
may
6
also
be
subject
to
a
court
order
prohibiting
the
person
from
7
owning,
possessing,
or
living
with
an
animal.
In
each
case,
8
the
court’s
decision
to
issue
an
order
is
discretionary
9
except
under
certain
conditions.
A
court
order
requiring
an
10
evaluation
and
treatment
is
mandatory
for
juveniles.
That
11
order
and
the
order
prohibiting
contact
with
animals
is
also
12
mandatory
for
some
offenses.
For
a
discretionary
court
order,
13
the
period
of
prohibition
is
for
not
less
than
three
years.
14
For
a
mandatory
court
order,
the
period
of
prohibition
is
not
15
less
than
10
years.
16
ANIMAL
RESCUE
——
LOCAL
LAW
ENFORCEMENT
OFFICERS.
The
bill
17
provides
that
a
law
enforcement
officer
(e.g.,
county
sheriff
18
or
deputy
sheriff)
is
authorized
to
rescue
an
animal
from
a
19
motor
vehicle
based
upon
a
reasonable
belief
that
the
animal
20
may
be
suffering
distress.
The
officer
must
provide
a
written
21
notice
of
the
rescue.
After
the
rescue,
the
animal
must
be
22
maintained
as
a
rescued
animal
by
the
local
authority
until
it
23
is
claimed
or
disposed
of
pursuant
to
court
order.
24
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