Bill Text: IA SSB1075 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-13 - Subcommittee recommends passage. [SSB1075 Detail]
Download: Iowa-2019-SSB1075-Introduced.html
Senate
Study
Bill
1075
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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:
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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
.
2B.
“Animal
warden”
means
a
person
10
employed,
contracted,
or
appointed
by
a
local
authority
to
11
assist
in
the
enforcement
of
chapter
162,
this
chapter,
or
any
12
other
law
or
ordinance
relating
to
the
licensing
of
animals,
13
control
of
animals,
or
the
seizure
and
impoundment
of
animals.
14
NEW
SUBSECTION
.
3A.
a.
“Convicted”
means
found
guilty
of,
15
pleads
guilty
to,
or
is
sentenced
or
adjudicated
delinquent
16
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
17
another
state,
including
but
not
limited
to
a
juvenile
who
has
18
been
adjudicated
delinquent,
whether
or
not
the
juvenile
court
19
records
have
been
sealed
under
section
232.150,
and
a
person
20
who
has
received
a
deferred
sentence
or
a
deferred
judgment
or
21
has
been
acquitted
by
reason
of
insanity.
22
b.
“Convicted”
includes
the
conviction
of
a
juvenile
23
prosecuted
as
an
adult.
“Convicted”
also
includes
a
conviction
24
for
an
attempt
or
conspiracy
to
commit
an
offense.
25
c.
“Convicted”
does
not
mean
a
plea,
sentence,
adjudication,
26
deferred
sentence,
or
deferred
judgment
which
has
been
reversed
27
or
otherwise
set
aside.
28
NEW
SUBSECTION
.
4A.
“Injury”
means
an
impairment
to
an
29
animal’s
health
or
functions,
including
physical
damage
or
harm
30
to
an
animal’s
muscle,
tissue,
organs,
bones,
hide,
or
skin,
31
that
causes
the
animal
to
suffer
pain.
32
NEW
SUBSECTION
.
8A.
“Serious
injury”
means
an
injury
that
33
creates
a
substantial
risk
of
death
or
that
causes
protracted
34
disfigurement,
protracted
impairment
of
health,
or
protracted
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_____
loss
or
impairment
of
the
function
of
a
limb
or
organ.
1
Sec.
2.
Section
717B.1,
subsection
9,
Code
2019,
is
amended
2
to
read
as
follows:
3
9.
“Threatened
animal”
means
an
animal
that
is
abused
as
4
provided
in
section
717B.2
,
neglected
as
provided
in
section
5
717B.3
,
or
tortured
as
provided
in
section
717B.3A
suffers
from
6
animal
mistreatment
.
7
Sec.
3.
Section
717B.2,
Code
2019,
is
amended
to
read
as
8
follows:
9
717B.2
Animal
abuse
——
penalties
.
10
1.
A
person
is
guilty
of
animal
abuse
if
the
person
11
intentionally
injures,
maims,
disfigures,
or
destroys
an
animal
12
owned
by
another
person,
in
any
manner,
including
intentionally
13
poisoning
the
animal
commits
animal
abuse
when
the
person
14
intentionally,
knowingly,
or
recklessly
causes
injury,
serious
15
injury,
or
death
to
an
animal
by
force,
violence,
or
poisoning
.
16
A
person
guilty
of
animal
abuse
is
guilty
of
an
aggravated
17
misdemeanor.
18
2.
This
section
shall
not
apply
to
conduct
engaged
in
by
any
19
of
the
following:
20
1.
A
person
acting
with
the
consent
of
the
person
owning
21
the
animal,
unless
the
action
constitutes
animal
neglect
as
22
provided
in
section
717B.3
.
23
2.
a.
A
person
acting
to
carry
out
an
order
issued
by
a
24
court.
25
3.
b.
A
licensed
veterinarian
practicing
veterinary
26
medicine
as
provided
in
chapter
169
.
27
4.
c.
A
person
acting
in
order
to
carry
out
another
28
provision
of
law
which
allows
the
conduct.
29
5.
d.
A
person
taking,
hunting,
trapping,
or
fishing
for
a
30
wild
animal
as
provided
in
chapter
481A
.
31
6.
e.
A
person
acting
to
protect
the
person’s
property
from
32
a
wild
animal
as
defined
in
section
481A.1
.
33
7.
f.
A
person
acting
to
protect
a
person
from
injury
or
34
death
caused
by
a
wild
animal
as
defined
in
section
481A.1
.
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8.
g.
A
person
reasonably
acting
to
protect
the
person’s
1
property
from
damage
caused
by
an
unconfined
animal.
2
9.
h.
A
person
reasonably
acting
to
protect
a
person
from
3
injury
or
death
caused
by
an
unconfined
animal.
4
10.
i.
A
local
authority
reasonably
acting
to
destroy
an
5
animal,
if
at
the
time
of
the
destruction,
the
owner
of
the
6
animal
is
absent
or
unable
to
care
for
the
animal,
and
the
7
animal
is
permanently
distressed
by
disease
or
injury
to
a
8
degree
that
would
result
in
severe
and
prolonged
suffering.
9
11.
j.
A
research
facility,
as
defined
in
section
162.2
,
10
provided
that
the
research
facility
performs
functions
within
11
the
scope
of
accepted
practices
and
disciplines
associated
with
12
the
research
facility.
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
3.
a.
The
following
shall
apply
to
a
person
who
commits
27
animal
torture:
28
(1)
For
the
first
conviction,
the
person
is
guilty
of
an
29
aggravated
misdemeanor.
The
sentencing
order
shall
provide
30
that
the
person
submit
to
psychological
evaluation
and
31
treatment
according
to
terms
required
by
the
court.
The
costs
32
of
the
evaluation
and
treatment
shall
be
paid
by
the
person.
33
In
addition,
the
sentencing
order
shall
provide
that
the
person
34
complete
a
community
work
requirement,
which
may
include
a
work
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requirement
performed
at
an
animal
shelter
or
pound,
as
defined
1
in
section
162.2
,
according
to
terms
required
by
the
court.
2
(2)
For
a
second
or
subsequent
conviction,
the
person
is
3
guilty
of
a
class
“D”
felony.
The
sentencing
order
shall
4
provide
that
the
person
submit
to
psychological
evaluation
and
5
treatment
according
to
terms
required
by
the
court.
The
costs
6
of
the
psychological
evaluation
and
treatment
shall
be
paid
by
7
the
person.
8
b.
The
juvenile
court
shall
have
exclusive
original
9
jurisdiction
in
a
proceeding
concerning
a
child
who
is
alleged
10
to
have
committed
animal
torture,
in
the
manner
provided
in
11
section
232.8
.
The
juvenile
court
shall
not
waive
jurisdiction
12
in
a
proceeding
concerning
an
offense
alleged
to
have
been
13
committed
by
a
child
under
the
age
of
seventeen.
14
4.
A
person
who
commits
animal
torture
is
guilty
of
a
class
15
“D”
felony.
16
5.
Notwithstanding
subsection
4,
a
person
who
commits
17
animal
torture
is
guilty
of
a
class
“C”
felony
if
the
person
18
has
previously
been
convicted
of
committing
animal
abuse
19
pursuant
to
section
717B.2,
animal
neglect
pursuant
to
section
20
717B.3,
animal
torture
pursuant
to
this
section,
animal
21
abandonment
pursuant
to
section
717B.3B,
animal
endangerment
22
pursuant
to
section
717B.3C,
injury
to
or
interference
with
23
a
police
service
dog
pursuant
to
section
717B.9,
bestiality
24
pursuant
to
section
717C.1,
or
an
act
involving
a
contest
event
25
prohibited
in
section
717D.2.
26
Sec.
6.
NEW
SECTION
.
717B.3B
Animal
mistreatment
——
animal
27
abandonment
——
penalties.
28
1.
A
person
commits
animal
abandonment
by
knowingly
or
29
recklessly
relinquishing
custody
of
an
animal
at
a
location
in
30
which
the
person
does
not
hold
a
legal
or
equitable
interest
if
31
the
person
does
not
do
any
of
the
following:
32
a.
Legally
transfer
the
animal
to
another
person.
33
b.
Make
reasonable
arrangements
for
the
transfer
of
custody
34
of
the
animal
to
a
person
who
agrees
to
assume
custody
of
the
35
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_____
animal.
1
c.
Make
other
reasonable
arrangements
for
the
care
of
the
2
animal
in
a
manner
that
would
not
constitute
animal
neglect
3
under
section
717B.3.
4
2.
A
person
who
commits
animal
abandonment
that
does
not
5
cause
injury
or
death
to
an
animal
is
guilty
of
a
simple
6
misdemeanor.
7
3.
A
person
who
commits
animal
abandonment
that
causes
8
injury
other
than
serious
injury
or
death
to
an
animal
is
9
guilty
of
a
serious
misdemeanor.
10
4.
A
person
who
commits
animal
abandonment
that
causes
11
serious
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
12
misdemeanor.
13
5.
Notwithstanding
subsection
4,
a
person
who
commits
14
animal
abandonment
that
causes
serious
injury
or
death
to
15
an
animal
is
guilty
of
a
class
“D”
felony
if
the
person
has
16
previously
been
convicted
of
committing
animal
abandonment
17
pursuant
to
this
section,
animal
abuse
pursuant
to
section
18
717B.2,
animal
neglect
pursuant
to
section
717B.3,
animal
19
torture
pursuant
to
section
717B.3A,
animal
endangerment
20
pursuant
to
section
717B.3C,
injury
to
or
interference
with
21
a
police
service
dog
pursuant
to
section
717B.9,
bestiality
22
pursuant
to
section
717C.1,
or
an
act
involving
a
contest
event
23
prohibited
in
section
717D.2.
24
Sec.
7.
NEW
SECTION
.
717B.3C
Animal
mistreatment
——
animal
25
endangerment
——
penalties.
26
1.
A
person
commits
animal
endangerment
when
the
person
27
confines
an
animal
in
a
stationary
motor
vehicle
in
a
manner
28
that
endangers
the
health
or
life
of
the
animal
by
exposing
the
29
animal
to
a
prolonged
period
of
extreme
interior
temperature
or
30
a
long
period
without
adequate
ventilation.
31
2.
A
person
who
commits
animal
endangerment
that
does
32
not
cause
injury
or
death
to
an
animal
is
guilty
of
a
simple
33
misdemeanor.
34
3.
A
person
who
commits
animal
endangerment
that
causes
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injury
other
than
serious
injury
or
death
to
an
animal
is
1
guilty
of
a
serious
misdemeanor.
2
4.
A
person
who
commits
animal
endangerment
that
causes
3
serious
injury
or
death
to
an
animal
is
guilty
of
an
aggravated
4
misdemeanor.
5
5.
Notwithstanding
subsection
4,
a
person
who
commits
6
animal
endangerment
that
causes
serious
injury
to
an
animal
7
is
guilty
of
a
class
“D”
felony
if
the
person
has
previously
8
been
convicted
of
committing
animal
endangerment
pursuant
to
9
this
section,
animal
abuse
pursuant
to
section
717B.2,
animal
10
neglect
pursuant
to
section
717B.3,
animal
torture
pursuant
11
to
section
717B.3A,
animal
abandonment
pursuant
to
section
12
717B.3B,
injury
to
or
interference
with
a
police
service
dog
13
pursuant
to
section
717B.9,
bestiality
pursuant
to
section
14
717C.1,
or
an
act
involving
a
contest
event
prohibited
in
15
section
717D.2.
16
Sec.
8.
NEW
SECTION
.
717B.3D
Animal
mistreatment
——
court
17
order
——
evaluation
and
treatment.
18
1.
At
the
time
of
a
person’s
conviction
for
committing
a
19
public
offense
constituting
animal
mistreatment,
a
court
may
20
enter
an
order
requiring
the
person
to
undergo
a
psychological
21
or
psychiatric
evaluation
and
to
undergo
any
treatment
that
the
22
court
determines
to
be
appropriate
after
due
consideration
of
23
the
evaluation.
However,
the
court
shall
enter
such
an
order
24
if
the
convicted
person
is
any
of
the
following:
25
a.
A
juvenile.
26
b.
An
adult
committing
animal
abuse
pursuant
to
section
27
717B.2,
animal
neglect
punishable
as
an
aggravated
misdemeanor
28
or
class
“D”
felony
pursuant
to
section
717B.3,
animal
torture
29
pursuant
to
section
717B.3A,
animal
abandonment
pursuant
to
30
section
717B.3B,
or
animal
endangerment
pursuant
to
section
31
717B.3C.
32
2.
The
costs
of
undergoing
a
psychological
or
psychiatric
33
evaluation
and
undergoing
any
treatment
ordered
by
the
court
34
shall
be
borne
by
the
convicted
person,
unless
the
person
is
35
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_____
a
juvenile.
1
3.
An
order
made
under
this
section
is
in
addition
to
any
2
other
order
or
sentence
of
the
court.
3
4.
Any
violation
of
the
court
order
shall
be
punished
as
4
contempt
of
court
pursuant
to
chapter
665.
5
Sec.
9.
NEW
SECTION
.
717B.3E
Animal
mistreatment
——
6
sentencing
order
——
prohibitions.
7
1.
At
the
time
of
a
person’s
sentencing
for
committing
a
8
public
offense
constituting
animal
mistreatment,
a
court
may
9
prohibit
the
person
from
owning
or
obtaining
custody
of
an
10
animal
or
residing
in
the
same
dwelling
where
an
animal
is
11
kept.
The
period
of
the
prohibition
shall
be
not
less
than
12
three
years.
13
2.
Notwithstanding
subsection
1,
the
court
shall
enter
such
14
an
order
if
the
convicted
person
has
committed
animal
abuse
15
pursuant
to
section
717B.2,
animal
neglect
punishable
as
an
16
aggravated
misdemeanor
or
class
“D”
felony
pursuant
to
section
17
717B.3,
animal
torture
pursuant
to
section
717B.3A,
animal
18
abandonment
pursuant
to
section
717B.3B,
or
animal
endangerment
19
pursuant
to
section
717B.3C.
The
period
of
such
prohibition
20
shall
be
not
less
than
ten
years.
21
3.
The
duration
of
a
prohibition
described
in
this
22
section
commences
on
the
date
that
the
person
is
placed
on
23
probation,
released
on
parole
or
work
release,
or
released
from
24
incarceration
or
from
placement
in
a
juvenile
facility.
25
4.
An
order
made
pursuant
to
this
section
is
in
addition
to
26
any
other
order
or
sentence
of
the
court.
27
5.
Any
violation
of
the
court
order
described
in
this
28
section
is
a
public
offense
and
shall
be
punished
as
a
simple
29
misdemeanor.
30
Sec.
10.
NEW
SECTION
.
717B.5A
Rescue
——
motor
vehicles.
31
1.
A
law
enforcement
officer
or
animal
warden
may
rescue
32
an
animal
from
a
stationary
motor
vehicle,
including
through
33
the
use
of
forced
entrance,
if
the
law
enforcement
officer
34
or
animal
warden
reasonably
believes
that
the
animal
may
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_____
be
suffering
distress
due
to
exposure
to
extreme
interior
1
temperature
or
a
lack
of
adequate
ventilation.
The
law
2
enforcement
officer’s
or
animal
warden’s
action
is
justified
3
regardless
of
whether
the
law
enforcement
officer
or
animal
4
warden
observed
indications
of
distress
or
whether
the
person
5
could
be
charged
with
or
convicted
of
committing
a
public
6
offense.
7
2.
The
law
enforcement
officer
or
animal
warden
shall
8
provide
written
notice
of
the
rescue
to
the
animal’s
9
responsible
party.
This
requirement
is
satisfied
by
placing
10
the
notice
in
a
conspicuous
place
located
within
the
motor
11
vehicle.
The
notice
must
state
where
the
rescued
animal
may
12
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
35
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481A.42).
1
PRIMARY
AND
NONPRIMARY
CODE
CHAPTER
717B
OFFENSES
(ANIMAL
2
MISTREATMENT)
——
NON-CODE
CHAPTER
717B
OFFENSES.
The
bill
3
amends
three
primary
offenses
which
are
part
of
Code
chapter
4
717B.
These
include
animal
abuse
(Code
section
717B.2),
5
animal
neglect
(Code
section
717B.3),
and
animal
torture
(Code
6
section
717B.3A).
The
bill
creates
two
new
nonprimary
criminal
7
offenses
in
Code
chapter
717B
including
animal
abandonment
8
(new
Code
section
717B.3B)
and
animal
endangerment
(new
9
Code
section
717B.3C).
The
bill
also
refers
to
two
other
10
nonprimary
offenses
provided
in
the
Code
chapter
which
include
11
the
abandonment
of
a
cat
or
dog
(Code
section
717B.8)
and
12
injury
or
interference
with
a
police
service
dog
(Code
section
13
717B.9).
All
of
these
primary
and
nonprimary
offenses
are
14
classified
as
animal
mistreatment.
Under
the
bill,
each
of
15
the
primary
offenses
includes
an
enhanced
penalty
that
applies
16
to
a
convicted
person
who
has
previously
committed
any
of
the
17
named
primary
or
nonprimary
offenses
classified
as
animal
18
mistreatment;
or
committed
a
non-Code
chapter
offense
including
19
bestiality
(Code
section
717C.1)
or
an
offense
involving
an
20
animal
contest
(Code
section
717D.4).
21
TYPES
OF
PRIMARY
OFFENSES
——
ABUSE.
Animal
abuse
involves
22
intentionally
injuring
an
animal
by
violence
or
poisoning.
23
The
bill
expands
the
intent
element
by
adding
acting
either
24
knowingly
or
recklessly.
It
also
removes
a
provision
that
25
exempted
a
person
who
acted
with
the
consent
of
the
animal’s
26
owner.
The
bill
reduces
the
penalty
from
an
aggravated
to
a
27
serious
misdemeanor
for
committing
animal
abuse
that
does
not
28
cause
an
animal
serious
injury
or
death
and
retains
the
penalty
29
of
aggravated
misdemeanor
for
committing
animal
abuse
that
30
causes
an
animal
serious
injury
or
death.
The
bill
provides
31
that
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
“D”
32
felony
if
the
person
was
previously
convicted
of
one
of
the
33
named
offenses
classified
as
animal
mistreatment.
34
TYPES
OF
PRIMARY
OFFENSES
——
NEGLECT.
Animal
neglect
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involves
failing
to
provide
an
animal
with
adequate
food,
1
water,
or
shelter,
or
torturing
the
animal.
The
bill
rewrites
2
these
requirements
by
requiring
that
an
animal
be
furnished
3
with
adequate
supplies
of
nutritional
food,
access
to
potable
4
water,
adequate
sanitary
conditions,
ventilated
shelter
5
sufficient
to
provide
the
animal
with
protection
from
extreme
6
weather
conditions,
and
necessary
veterinary
care.
The
bill
7
eliminates
the
torture
prohibition.
The
bill
retains
the
8
criminal
penalty
which
is
a
simple
misdemeanor.
However,
the
9
penalty
is
increased
to
a
serious
misdemeanor
if
the
animal
10
suffers
an
injury
and
to
an
aggravated
misdemeanor
if
the
11
animal
suffers
a
serious
injury
or
death.
In
a
case
where
12
the
animal
suffers
a
serious
injury
or
death,
the
aggravated
13
misdemeanor
may
be
enhanced
to
a
class
“D”
felony
if
the
person
14
was
previously
convicted
of
one
of
the
named
offenses.
15
TYPES
OF
PRIMARY
OFFENSES
——
TORTURE.
Animal
torture
16
involves
inflicting
upon
an
animal
severe
physical
pain
with
17
depraved
or
sadistic
intent
to
cause
prolonged
suffering
18
or
death.
The
bill
requires
that
the
act
constitute
an
19
intentional,
knowing,
or
reckless
infliction
of
prolonged
or
20
repeated
physical
pain
that
results
in
suffering
and
serious
21
injury
or
death.
The
bill
replaces
the
current
penalties
for
22
animal
torture.
A
person
is
no
longer
guilty
of
an
aggravated
23
misdemeanor
for
the
first
offense
and
a
class
“D”
felony
for
24
a
subsequent
offense.
Instead,
a
person
is
guilty
of
a
class
25
“D”
felony,
which
is
enhanced
to
a
class
“C”
felony
if
the
26
person
was
previously
convicted
of
one
of
the
named
offenses
27
classified
as
animal
mistreatment.
The
bill
also
eliminates
28
a
requirement
that
a
person
convicted
of
animal
torture
must
29
submit
to
psychological
evaluation
and
treatment.
30
TYPES
OF
NONPRIMARY
OFFENSES
——
ABANDONMENT.
Animal
31
abandonment
involves
knowingly
or
recklessly
relinquishing
32
custody
of
an
animal
at
a
location
in
which
the
person
does
33
not
hold
a
legal
or
equitable
interest.
There
are
exceptions
34
in
cases
of
transferring
ownership
or
custody
or
making
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arrangements
for
the
care
of
the
animal.
The
criminal
penalty
1
is
a
simple
misdemeanor.
However,
the
penalty
is
increased
to
2
a
serious
misdemeanor
if
the
animal
suffers
an
injury
and
to
an
3
aggravated
misdemeanor
if
the
animal
suffers
a
serious
injury
4
or
death.
In
a
case
where
the
animal
suffers
a
serious
injury
5
or
death,
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
6
“D”
felony
if
the
person
was
previously
convicted
of
one
of
the
7
named
offenses
classified
as
animal
mistreatment.
8
TYPES
OF
NONPRIMARY
OFFENSES
——
ENDANGERMENT.
Animal
9
endangerment
involves
confining
an
animal
in
a
stationary
motor
10
vehicle
in
a
manner
that
exposes
the
animal
to
a
prolonged
11
period
of
extreme
interior
temperature
or
a
long
period
12
without
adequate
ventilation.
The
criminal
penalty
is
a
13
simple
misdemeanor.
However,
the
penalty
is
increased
to
a
14
serious
misdemeanor
if
the
animal
suffers
an
injury
and
to
an
15
aggravated
misdemeanor
if
the
animal
suffers
a
serious
injury
16
or
death.
In
a
case
where
the
animal
suffers
a
serious
injury
17
or
death,
the
aggravated
misdemeanor
may
be
enhanced
to
a
class
18
“D”
felony
if
the
person
was
previously
convicted
of
one
of
the
19
named
offenses.
20
APPLICABLE
CRIMINAL
PENALTIES.
The
criminal
penalties
are
21
as
follows:
(1)
simple
misdemeanor,
confinement
for
no
more
22
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
23
by
both;
(2)
serious
misdemeanor,
confinement
for
no
more
than
24
one
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875;
25
(3)
aggravated
misdemeanor,
confinement
for
no
more
than
two
26
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
(4)
27
class
“D”
felony,
confinement
for
no
more
than
five
years
and
a
28
fine
of
at
least
$750
but
not
more
than
$7,500;
and
(5)
class
29
“C”
felony,
confinement
for
no
more
than
10
years
and
a
fine
of
30
at
least
$1,000
but
not
more
than
$10,000.
31
COURT
ORDERS.
At
the
time
of
conviction
for
committing
32
any
of
the
primary
or
nonprimary
offenses
classified
as
33
animal
mistreatment,
a
person
may
be
subject
to
a
court
34
order
requiring
a
psychological
or
psychiatric
evaluation
and
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_____
treatment.
The
person
may
also
be
subject
to
a
court
order
1
prohibiting
the
person
from
owning,
possessing,
or
living
with
2
an
animal.
In
each
case,
the
court’s
decision
to
issue
an
3
order
is
discretionary
except
under
certain
conditions.
A
4
court
order
requiring
an
evaluation
and
treatment
is
mandatory
5
for
juveniles.
That
order
and
the
order
prohibiting
contact
6
with
animals
is
also
mandatory
if
the
offense
is
punishable
as
7
an
aggravated
misdemeanor
or
felony.
For
a
discretionary
court
8
order,
the
period
of
prohibition
is
for
not
less
than
three
9
years.
For
a
mandatory
court
order,
the
period
of
prohibition
10
is
not
less
than
10
years.
11
ANIMAL
RESCUE
——
LOCAL
LAW
ENFORCEMENT
OFFICERS
——
AND
LOCAL
12
ANIMAL
WARDENS.
The
bill
provides
that
a
law
enforcement
13
officer
(e.g.,
county
sheriff
or
deputy
sheriff)
or
an
animal
14
warden
(a
person
employed
by
local
government
to
enforce
the
15
animal
control
laws)
is
authorized
to
rescue
an
animal
from
a
16
motor
vehicle
based
upon
a
reasonable
belief
that
the
animal
17
may
be
suffering
distress.
The
officer
or
warden
must
provide
18
a
written
notice
of
the
rescue.
After
the
rescue,
the
animal
19
must
be
maintained
as
a
rescued
animal
by
the
local
authority
20
until
it
is
claimed
or
disposed
of
pursuant
to
court
order.
21
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