Amendment S-5062 to HF 737

Filed March 4, 2020 in the Senate by Sen. Tom Shipley (R)

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 717B.1, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION . 3A. “Commercial establishment” means the same as defined in section 162.2. Sec.
3. Section 717B.2, unnumbered paragraph 1, Code 2020, is amended to read as follows: A person is guilty of commits animal abuse if the person intentionally injures, maims, disfigures, or destroys an animal owned by another person, in any manner, including intentionally poisoning the animal. A person guilty of who commits animal abuse is guilty of an aggravated misdemeanor. Animal neglect as provided in section 717B.3 is not an included offense of animal abuse. On a charge of animal abuse, the court shall not accept a plea agreement unless the agreement includes a plea of guilty to the offense of animal abuse. A person sentenced for committing animal abuse shall be sentenced to and shall serve the maximum period of imprisonment for the offense, notwithstanding any other provision of law to the contrary. The person’s sentence shall not be reduced under chapter 903A or any other provision of law. In addition, the sentencing order shall provide that the person complete a supervised community work requirement, which may include a work requirement performed at an animal shelter or pound, as those terms are defined in section 162.2, according to terms required by the court. This section shall not apply to any of the following: Sec.
4. Section 717B.2, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
5. A commercial establishment, provided that the commercial establishment’s conduct complies with applicable standard of care requirements in section 162.10A. Sec.
6. Section 717B.3, subsection 1, unnumbered paragraph 1, Code 2020, is amended to read as follows: A person who impounds or confines, in any place, an animal is guilty of commits animal neglect if the person does any of the following: Sec.
7. Section 717B.3, subsection 2, Code 2020, is amended to read as follows:
8. This section does not apply to a any of the following: a. A person who is issued or renewed an authorization as provided in chapter 162, or a person acting under the direction or supervision of the 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 applying to any of the following: (a) A state licensee or registrant operating pursuant to section 162.10A, subsection 2, paragraph “a” or “b” . (b) A permittee operating pursuant to section 162.10A, subsection 2, paragraph “c” . b. A research facility, as defined in section 162.2 , provided that if the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility. Sec.
9. Section 717B.3, subsection 3, Code 2020, is amended to read as follows:
10. a. A person who negligently or intentionally commits the offense of animal neglect is guilty of a simple serious misdemeanor. b. A person who intentionally commits the offense of animal neglect which results in serious injury to or the death of an animal is guilty of a serious an aggravated misdemeanor. In addition, the sentencing order shall provide that the person complete a supervised community work requirement, which may include a work requirement performed at an animal shelter or pound, as those terms are defined in section 162.2, according to terms required by the court. Sec.
11. Section 717B.3A, subsection 1, Code 2020, is amended to read as follows:
12. A person is guilty of commits animal torture, regardless of whether the person is the owner of the animal, if the person intentionally inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause in a manner that causes the animal’s prolonged suffering or death. Sec.
13. Section 717B.3A, subsection 2, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . l. A commercial establishment, provided that the commercial establishment’s conduct complies with applicable standard of care requirements in section 162.10A. Sec.
14. Section 717B.3A, subsection 3, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . 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
15. 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” , subparagraph (1) or (2), 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. Sec.
16. Section 901.5, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
17. 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 3, paragraph “c” . Sec.
18. Section 902.12, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
19. 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.
20. 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.
21. 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.
22. 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.”

Official amendment (PDF) · In the Bill Book