Bill Text: IA SF51 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to certain animals confined in motor vehicles, including by creating a criminal offense, providing for the taking and disposition of such animals, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-26 - Subcommittee, Sodders, Garrett, and Taylor. S.J. 148. [SF51 Detail]

Download: Iowa-2015-SF51-Introduced.html

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Senate File 51 - Introduced




                                 SENATE FILE       
                                 BY  McCOY

                                      A BILL FOR

  1 An Act relating to certain animals confined in motor vehicles,
  2    including by creating a criminal offense, providing for
  3    the taking and disposition of such animals, and providing
  4    penalties.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 717B.1, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  7A.  "Motor vehicle" means the same as
  1  4 defined in section 321M.1.
  1  5    Sec. 2.  Section 717B.3, Code 2015, is amended to read as
  1  6 follows:
  1  7    717B.3  Animal neglect.
  1  8    1.    A person who impounds or confines, in any place, an
  1  9 animal is guilty of animal neglect if the person does any of
  1 10 the following:
  1 11    a.  Fails to supply the animal during confinement with a
  1 12 sufficient quantity of food or water.
  1 13    b.  Fails to provide a confined dog or cat with adequate
  1 14 shelter.
  1 15    c.  Tortures, deprives of necessary sustenance, mutilates,
  1 16 beats, or kills an animal by any means which causes unjustified
  1 17 pain, distress, or suffering.
  1 18    2.  a.  A person who confines an animal in a stationary
  1 19 motor vehicle is guilty of animal neglect if the animal's
  1 20 uninterrupted confinement under the circumstances, including
  1 21 but not limited to exterior temperature and humidity levels,
  1 22 would likely result in the animal's imminent injury or death.
  1 23    b.  A person does not commit animal neglect under this
  1 24 subsection if any of the following circumstances exist:
  1 25    (1)  The motor vehicle is occupied by a person who may obtain
  1 26 any form of driver's license under chapter 321.
  1 27    (2)  The motor vehicle is not occupied by a person described
  1 28 in subparagraph (1) due to an emergency.
  1 29    2.  3.  This section does not apply to a research facility,
  1 30 as defined in section 162.2, provided that the research
  1 31 facility performs functions within the scope of accepted
  1 32 practices and disciplines associated with the research
  1 33 facility.
  1 34    3.  4.  A person who negligently or intentionally commits the
  1 35 offense of animal neglect is guilty of a simple misdemeanor. A
  2  1 person who intentionally commits the offense of animal neglect
  2  2 which that results in serious injury to or the death of an
  2  3 animal is guilty of a serious misdemeanor.
  2  4    Sec. 3.  Section 717B.5, Code 2015, is amended by adding the
  2  5 following new subsection:
  2  6    NEW SUBSECTION.  1A.  Notwithstanding subsection 1, a law
  2  7 enforcement officer may provide for the emergency rescue of
  2  8 an animal confined in a motor vehicle if the law enforcement
  2  9 officer does all of the following:
  2 10    a.  Makes a determination that the animal requires immediate
  2 11 attention.
  2 12    b.  Has probable cause to make an arrest for the commission
  2 13 of animal neglect under section 717B.3.
  2 14    c.  Takes only such action as is necessary to perform the
  2 15 rescue.  The law enforcement officer may use reasonable force
  2 16 in order to enter a locked motor vehicle.
  2 17    d.  Provides notice of the rescue to the animal's responsible
  2 18 party or any other person owning or operating the motor vehicle
  2 19 confining the animal.  The notice shall state where the rescued
  2 20 animal may be retrieved.  The notice may be made personally or
  2 21 in writing and placed in that part of the motor vehicle where
  2 22 the animal was confined.
  2 23                           EXPLANATION
  2 24 The inclusion of this explanation does not constitute agreement with
  2 25 the explanation's substance by the members of the general assembly.
  2 26    ANIMAL NEGLECT.  This bill provides that a person commits
  2 27 animal neglect by confining an animal in a stationary motor
  2 28 vehicle.  The confinement must be uninterrupted for a period
  2 29 in which, under the circumstances, including temperature and
  2 30 humidity levels, the animal faces imminent injury or death.
  2 31 There are two exceptions: (1) the motor vehicle is occupied
  2 32 by a person who may obtain any form of driver's license or
  2 33 (2) the motor vehicle is unoccupied by such a person due to
  2 34 an emergency.  A person who commits animal neglect under the
  2 35 bill is guilty of a simple misdemeanor which is punishable by
  3  1 confinement for no more than 30 days or a fine of at least
  3  2 $65 but not more than $625, or by both. However, a person
  3  3 who intentionally commits the offense of animal neglect
  3  4 that results in serious injury to or the death of an animal
  3  5 is guilty of a serious misdemeanor which is punishable by
  3  6 confinement for no more than one year and a fine of at least
  3  7 $315 but not more than $1,875.
  3  8    RESCUE.  The bill provides that a law enforcement officer may
  3  9 rescue an animal confined in a motor vehicle.  Four conditions
  3 10 must be satisfied.  The officer must:  (1) make a determination
  3 11 that the animal requires immediate attention, (2) have probable
  3 12 cause to make an arrest for animal neglect, (3) take only such
  3 13 action as is necessary to perform the rescue, and (4) provide
  3 14 notice of the rescue to either a person who owns or maintains
  3 15 the animal or owns or operates the motor vehicle.
  3 16    CURRENT LAW.  Code chapter 717B provides for the welfare
  3 17 of animals other than livestock, game not owned by a person,
  3 18 or animals declared a nuisance by the department of natural
  3 19 resources (Code section 717B.1).  A person commits animal
  3 20 neglect by failing to provide an animal with adequate food
  3 21 or water, or a confined dog or cat with adequate shelter,
  3 22 or torturing, depriving of sustenance, mutilating, beating,
  3 23 or killing an animal by any means that causes unjustified
  3 24 pain, distress, or suffering (Code section 717B.3). A law
  3 25 enforcement officer (a member of a city police force or county
  3 26 sheriff's office) may enter onto private property in order to
  3 27 rescue a neglected animal after consulting with a licensed
  3 28 veterinarian and complying with applicable federal and state
  3 29 constitutional requirements (Code section 717B.5).  A rescued
  3 30 animal is then transferred to the custody of a local authority
  3 31 (a city or county) which notifies the responsible party (the
  3 32 person owning or maintaining the animal).  A district court
  3 33 finally determines whether an animal is neglected and the
  3 34 animal's disposition (Code section 717B.4).
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