Amendment S-5059 to HF 737

Filed March 4, 2020 in the Senate by Sen. Brad Zaun (R)

What it changes

1. Page 2, line 6, by striking “2019” and inserting “2020”
2. Page 2, line 10, by striking “2019” and inserting “2020”
3. Page 3, line 12, by striking “2019” and inserting “2020”
4. Page 3, lines 33 and 34, by striking “practicing veterinary medicine as provided in chapter 169” and inserting “practicing veterinary medicine as provided in chapter 169”
5. Page 4, line 18, after “issued” by inserting “or renewed”
6. Page 5, line 9, by striking “2019” and inserting “2020”
7. Page 6, by striking lines 16 through 21 and inserting: “
8. This section does not apply to a any of the following: a. A person issued or renewed an authorization to operate a commercial establishment, or a person acting under the direction or supervision of that person, if all of the following apply: (1) The animal, as described in subsection 1, was maintained as part of the commercial establishment’s operation. (2) In providing conditions for the welfare of the animal, as described in subsection 1, the person complied with the standard of care requirements provided in section 162.10A, subsection 1, including any applicable rules adopted by the department pursuant to section 162.10A, subsection 2, paragraph “a” , regardless of whether the person has been issued or renewed an authorization as a registrant, permittee, or state licensee. b. A research facility, as defined in section 162.2 , provided that if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and performs functions within the scope of accepted practices and disciplines associated with the research facility.”
9. Page 7, line 9, by striking “2019” and inserting “2020”
10. Page 7, lines 20 and 21, by striking “practicing veterinary medicine as provided in chapter 169” and inserting “practicing veterinary medicine as provided in chapter 169”
11. Page 8, line 10, after “issued” by inserting “or renewed”
12. Page 9, by striking lines 9 and 10 and inserting: “
13. a. A person who commits animal torture is guilty of an aggravated misdemeanor.”
14. Page 9, line 11, by striking “
15. ” and inserting “b.”
16. Page 9, line 11, by striking “subsection 4” and inserting “paragraph “a””
17. Page 9, line 12, by striking ““C”” and inserting ““D””
18. Page 9, after line 19 by inserting: “c. (1) A person convicted of animal torture shall also be sentenced, in addition to any other punishment provided by law, to an additional term of confinement committing the person into the custody of the director of the department of corrections for a period of not less than one year but not more than three years as determined by the court, with eligibility for parole as provided in chapter
19. The board of parole shall determine whether the person should be released on parole or placed in a work release program. The additional term of confinement imposed under this paragraph shall commence upon completion of the sentence imposed under paragraph “a” or “b” , or any other applicable criminal sentencing provisions for the underlying criminal offense, and the person shall begin the additional term of confinement under supervision as if on parole or work release. The person shall be placed on the corrections continuum described in chapter 901B, and the terms and conditions of the additional term of confinement, including any violations, shall be subject to the same procedures set forth in chapters 901B, 905, 906, and 908, and rules adopted under those chapters for persons on parole or work release. (2) The revocation of parole or work release may be for a period of up to six months upon a first revocation, and up to one year upon a second or subsequent revocation. Notwithstanding section 903.4, the place of confinement after any revocation shall be at a correctional institution or facility.”
20. Page 10, line 10, by striking “2019” and inserting “2020”
21. Page 10, line 22, after “issued” by inserting “or renewed”
22. Page 11, after line 2 by inserting: “Sec. ___. Section 901.5, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
23. In addition to any other sentence or other penalty imposed against the defendant, the court shall impose an additional term of confinement if required under section 717B.3A, subsection
24. Sec. ___. Section 902.12, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
25. A person serving a sentence for a conviction for animal torture in violation of section 717B.3A that occurs on or after July 1, 2020, shall be denied parole or work release until the person has served seven-tenths of the maximum term of the person’s sentence. Sec. ___. Section 907.3, subsection 1, paragraph a, Code 2020, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (15) The offense is a violation of section 717B.3A. Sec. ___. Section 907.3, subsection 2, paragraph a, Code 2020, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (9) The offense is a violation of section 717B.3A. Sec. ___. Section 907.3, subsection 3, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . h. The offense is a violation of section 717B.3A.”
26. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book