Bill Text: IA SF591 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the mistreatment of certain animals other than livestock and wildlife, by providing for criminal offenses, and including penalties. (Formerly SF 57.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-14 - Subcommittee: Brown, Kinney, and Zumbach. S.J. 69. [SF591 Detail]
Download: Iowa-2019-SF591-Introduced.html
Senate
File
591
-
Introduced
SENATE
FILE
591
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SF
57)
A
BILL
FOR
An
Act
relating
to
the
mistreatment
of
certain
animals
other
1
than
livestock
and
wildlife,
by
providing
for
criminal
2
offenses,
and
including
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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591
Section
1.
Section
717B.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
“Commercial
establishment”
means
the
3
same
as
defined
in
section
162.2.
4
Sec.
2.
Section
717B.2,
unnumbered
paragraph
1,
Code
2019,
5
is
amended
to
read
as
follows:
6
A
person
is
guilty
of
commits
animal
abuse
if
the
person
7
intentionally
injures,
maims,
disfigures,
or
destroys
an
animal
8
owned
by
another
person,
in
any
manner,
including
intentionally
9
poisoning
the
animal.
A
person
guilty
of
who
commits
animal
10
abuse
is
guilty
of
an
aggravated
misdemeanor.
However,
for
a
11
person’s
second
or
subsequent
conviction
of
animal
abuse,
the
12
person
is
guilty
of
a
class
“D”
felony.
This
section
shall
not
13
apply
to
any
of
the
following:
14
Sec.
3.
Section
717B.2,
Code
2019,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
12.
A
commercial
establishment,
provided
17
that
the
commercial
establishment’s
conduct
complies
with
18
applicable
standard
of
care
requirements
in
section
162.10A.
19
Sec.
4.
Section
717B.3,
subsection
1,
unnumbered
paragraph
20
1,
Code
2019,
is
amended
to
read
as
follows:
21
A
person
who
impounds
or
confines,
in
any
place,
an
animal
is
22
guilty
of
commits
animal
neglect
if
the
person
does
any
of
the
23
following:
24
Sec.
5.
Section
717B.3,
subsection
3,
Code
2019,
is
amended
25
to
read
as
follows:
26
3.
A
person
who
negligently
or
intentionally
commits
the
27
offense
of
animal
neglect
is
guilty
of
a
simple
misdemeanor.
A
28
person
who
intentionally
commits
the
offense
of
animal
neglect
29
which
results
in
a
serious
injury
to
or
the
death
of
an
animal
30
is
guilty
of
a
serious
an
aggravated
misdemeanor.
31
Sec.
6.
Section
717B.3A,
subsection
1,
Code
2019,
is
amended
32
to
read
as
follows:
33
1.
A
person
is
guilty
of
commits
animal
torture,
regardless
34
of
whether
the
person
is
the
owner
of
the
animal,
if
the
person
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intentionally
inflicts
upon
the
animal
severe
physical
pain
1
with
a
depraved
or
sadistic
intent
to
cause
in
a
manner
that
2
causes
the
animal’s
prolonged
suffering
or
death.
3
Sec.
7.
Section
717B.3A,
subsection
2,
Code
2019,
is
amended
4
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
l.
A
commercial
establishment,
provided
that
6
the
commercial
establishment’s
conduct
complies
with
applicable
7
standard
of
care
requirements
in
section
162.10A.
8
Sec.
8.
Section
717B.3A,
subsection
3,
paragraph
a,
9
subparagraphs
(1)
and
(2),
Code
2019,
are
amended
to
read
as
10
follows:
11
(1)
For
the
first
conviction,
the
The
person
is
guilty
of
an
12
aggravated
misdemeanor
a
class
“D”
felony
.
13
(2)
The
sentencing
order
shall
provide
that
the
person
14
submit
to
psychological
evaluation
and
treatment
according
to
15
terms
required
by
the
court.
The
costs
of
the
evaluation
and
16
treatment
shall
be
paid
by
the
person.
In
addition
For
the
17
first
conviction
,
the
sentencing
order
shall
provide
that
the
18
person
complete
a
community
work
requirement,
which
may
include
19
a
work
requirement
performed
at
an
animal
shelter
or
pound,
as
20
defined
in
section
162.2
,
according
to
terms
required
by
the
21
court.
22
(2)
For
a
second
or
subsequent
conviction,
the
person
is
23
guilty
of
a
class
“D”
felony.
The
sentencing
order
shall
24
provide
that
the
person
submit
to
psychological
evaluation
and
25
treatment
according
to
terms
required
by
the
court.
The
costs
26
of
the
psychological
evaluation
and
treatment
shall
be
paid
by
27
the
person.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
MISTREATMENT
OF
ANIMALS
——
INCREASE
IN
CRIMINAL
PENALTIES.
32
Currently,
the
criminal
penalty
for
a
conviction
of
animal
33
abuse
is
an
aggravated
misdemeanor.
This
bill
provides
that
34
the
criminal
penalty
for
a
second
or
subsequent
conviction
for
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that
offense
is
enhanced
to
a
class
“D”
felony.
The
current
1
criminal
penalty
for
a
conviction
of
animal
neglect
is
a
simple
2
misdemeanor,
unless
the
convicted
person’s
actions
resulted
3
in
a
serious
injury
to
the
animal
or
the
animal’s
death.
In
4
the
instance
in
which
an
animal
is
inflicted
with
a
serious
5
injury,
the
bill
increases
the
enhanced
criminal
penalty
from
a
6
serious
misdemeanor
to
an
aggravated
misdemeanor.
Currently,
7
the
criminal
penalty
for
animal
torture
is
an
aggravated
8
misdemeanor
for
the
first
conviction
which
is
enhanced
to
a
9
class
“D”
felony
for
a
second
or
subsequent
conviction.
For
10
each
conviction,
the
court’s
sentencing
order
must
provide
11
that
the
guilty
person
submit
to
psychological
evaluation
and
12
treatment,
and
for
the
first
conviction
the
order
must
require
13
the
guilty
person
complete
a
community
work
requirement.
14
The
bill
provides
the
criminal
penalty
is
a
class
“D”
15
felony
without
regard
to
the
number
of
prior
convictions
and
16
eliminates
the
enhanced
penalty
provision.
The
bill
also
makes
17
certain
changes
in
terminology
for
purposes
of
consistency
and
18
readability.
19
ANIMAL
TORTURE
——
ELEMENT
TO
PROVE
CRIME.
For
animal
20
torture,
the
bill
requires
that
a
person
act
intentionally
21
rather
than
with
a
depraved
or
sadistic
intent.
22
ANIMAL
ABUSE
AND
ANIMAL
TORTURE
——
EXCEPTION
FOR
COMMERCIAL
23
ESTABLISHMENTS.
The
bill
provides
that
the
offenses
classified
24
as
animal
abuse
and
animal
torture
are
not
committed
by
25
a
commercial
establishment
regulated
by
the
department
of
26
agriculture
and
land
stewardship
(DALS)
if
the
commercial
27
establishment’s
conduct
complies
with
certain
standard
of
care
28
requirements.
29
BACKGROUND
——
MISTREATMENT
OF
CERTAIN
ANIMALS.
Code
chapter
30
717B
prohibits
the
mistreatment
of
certain
animals,
including
31
dogs
and
cats,
but
excludes
three
classifications:
(1)
32
livestock
(Code
chapter
717);
wildlife
under
the
jurisdiction
33
of
the
department
of
natural
resources
(Code
chapter
481),
34
unless
such
animal
is
owned,
confined,
or
controlled
by
a
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person;
and
(3)
a
nongame
animal
declared
by
the
department
to
1
be
a
nuisance
(Code
section
481A.42).
2
BACKGROUND
——
COMMERCIAL
ESTABLISHMENTS.
A
commercial
3
establishment
includes
a
person
required
to
be
issued
some
form
4
of
authorization
by
the
DALS
(Code
section
162.2A),
including
5
an
animal
shelter,
pound,
or
research
facility
(certificate
6
of
registration);
a
pet
shop,
boarding
kennel,
or
commercial
7
kennel
(state
license);
or
a
dealer,
commercial
breeder,
or
8
public
auction
(either
a
state
license
or
a
permit).
A
permit
9
is
issued
if
the
person
is
licensed
under
the
federal
Animal
10
Welfare
Act
(7
U.S.C.
ch.
54)
by
the
United
States
department
11
of
agriculture.
12
APPLICABLE
CRIMINAL
PENALTIES.
The
criminal
penalties
13
described
in
the
bill
are
as
follows:
(1)
for
a
simple
14
misdemeanor,
confinement
for
no
more
than
30
days
or
a
fine
15
of
at
least
$65
but
not
more
than
$625
or
by
both;
(2)
for
a
16
serious
misdemeanor,
confinement
for
no
more
than
one
year
and
17
a
fine
of
at
least
$315
but
not
more
than
$1,875;
(3)
for
an
18
aggravated
misdemeanor,
confinement
for
no
more
than
two
years
19
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
and
(4)
20
for
a
class
“D”
felony,
confinement
for
no
more
than
five
years
21
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
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