Proyectos de ley › 88.ª Asamblea General

HSB 114Murió al terminar la sesión · 6 de marzo de 2019

HSB 114

La misma legislación: HF 737

Escriba a sus legisladores sobre estoQué cambió antes de aprobarse

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Dónde está ahora

Hecho: Presentado13 de marzo de 2019
Hecho: Subcomité4 de febrero de 2019
Hecho: Comité de la Cámara6 de marzo de 2019
Hecho: Lo aprueba la Cámara28 de marzo de 2019
Hecho: Comité del Senado4 de abril de 2019
Hecho: Lo aprueba el Senado4 de marzo de 202044–3
Hecho: A gobernador(a)24 de junio de 2020
Hecho: Firmado como ley29 de junio de 2020

HF 737 se hizo ley → La misma legislación se aprobó como HF 737, así que esta versión se dejó de lado. Ir a HF 737 ¿Qué es el embudo (funnel)?

Qué contiene

La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.

GENERAL.1). PRIMARY AND OTHER OFFENSES UNDER CODE CHAPTER 717B (ANIMAL MISTREATMENT) —— NON-CODE CHAPTER 717B OFFENSES. The bill amends three primary offenses which are part of Code chapter 717B.3A).9). All of these offenses, which the bill classifies as “animal mistreatment”, are currently subject to a series of penalties ranging from a simple misdemeanor to a class “D” felony. Finally, the bill refers to two other types of offenses not part of Code chapter 717B and which each define “animal” broadly to include any nonhuman vertebrate.

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2). PRIMARY OFFENSES —— DISTINCTION BETWEEN INJURY AND SERIOUS INJURY. The bill retains and expands a distinction between an infliction of an injury and serious injury or death currently applicable to animal neglect. The bill defines an injury to include an animal’s disfigurement, the impairment of an animal’s health, or an impairment to the functioning of an animal’s limb or organ.1). PRIMARY OFFENSES —— ORDINARY AND ENHANCED CRIMINAL PENALTIES. Under Code chapter 717B, criminal penalties for committing a primary offense range from a simple misdemeanor to a class “D” felony. The bill increases those penalties with the highest penalty raised to a class “C” felony., from an aggravated misdemeanor to a class “D” felony). _____ A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. PRIMARY OFFENSES —— ANIMAL ABUSE. Under current law, a person commits animal abuse by intentionally inflicting an injury upon an animal. The bill provides that a person commits the offense by intentionally, knowingly, or recklessly inflicting the injury. The bill amends an exception that currently applies to a person who is the owner or acting with the owner’s consent. Under the bill, this exception would only be available if the animal is euthanized and is either (1) in a state of permanent pain or suffering or (2) a rabbit being prepared for consumption. A new exception also allows practices associated with altering a dog’s appearance, including tail docking or removing the dewclaw of a dog, if the procedure is performed by a commercial breeder licensed by the department of agriculture and land stewardship (Code chapter 162). The bill reduces the penalty from an aggravated to a serious misdemeanor for committing an offense that causes an animal injury but does not cause an animal serious injury or death. It retains the penalty of aggravated misdemeanor if the animal suffers serious injury or death. In that case, the offense is subject to an enhanced penalty as a class “D” felony. PRIMARY OFFENSES —— ANIMAL NEGLECT. _____ supply of food or water, or failing to provide the animal with adequate shelter. The bill provides that the offense is committed by a person who (1) owns or has custody of an animal, (2) confines that animal, and (3) intentionally, knowingly, or recklessly fails to provide the animal with conditions for the animal’s welfare. These include access to nutritional food, potable water, adequate sanitary conditions, ventilated shelter from the weather, grooming, and veterinary care if required to relieve the animal from distress. The bill eliminates a provision that includes inflicting upon an animal unjustified pain, including torture. It retains the ordinary criminal penalty which is a simple misdemeanor but provides that the offense does not involve an injury or death. For an offense that causes an animal to suffer an injury, other than serious injury or death, the new penalty is a serious misdemeanor. For an offense that causes an animal to suffer a serious injury or death, the new penalty is an aggravated misdemeanor which may be enhanced to a class “D” felony. PRIMARY OFFENSES —— ANIMAL TORTURE. Under current law, a person commits animal torture by (1) acting with a depraved or sadistic intent to (2) inflict severe and prolonged pain or suffering, or death upon an animal. The bill provides that a person commits the offense by (1) intentionally or knowingly (but not recklessly) inflicting severe and prolonged or repeated physical pain upon an animal, and (2) causes the animal’s serious injury or death. The bill increases the criminal penalty to a class “D” felony which may be enhanced to a class “C” felony. ANIMAL MISTREATMENT —— COURT-ORDERED EVALUATION AND TREATMENT. The bill eliminates a requirement that a court may order psychological evaluation and treatment for a person’s first conviction of animal torture and must enter such order for the person’s subsequent conviction. _____ mistreatment offense and must enter the order if the sentenced person is a juvenile or the offense is punishable as an aggravated misdemeanor, class “D” felony, or class “C” felony (which would include any offense in which a person inflicts a serious injury or death on an animal). ANIMAL MISTREATMENT —— COURT-ORDERED PROHIBITIONS. Under the bill, a person committing an animal mistreatment offense is also subject to a court order prohibiting the person from owning or obtaining custody of an animal or residing in the same dwelling where an animal is kept. The prohibition is for not less than one year. However, if the person is guilty of an offense punishable as an aggravated misdemeanor, class “D” felony, or class “C” felony (including being subject to an enhanced penalty), the period is for not less than five years. A violation of the court order is punishable as a simple misdemeanor. ANIMAL MISTREATMENT —— ABANDONMENT OF CATS AND DOGS —— EXCEPTION. Under current law, a person who owns or has custody of a cat or dog is prohibited from abandoning that animal and is subject to a simple misdemeanor. The bill creates an exception that allows a person to return the cat to the same location as it was taken, if the returned cat has been sterilized by a licensed veterinarian (Code chapter 169).

Cambiado después por las enmiendas H-8277, S-5066, S-5059, H-8084; vea Enmiendas.

Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse¹

House subcommittee

Named February 4, 2019. On February 11, 2019 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Nota fiscal

Resumen con IA This bill expands the definitions of certain animal crimes, such as animal abuse, neglect, torture, and abandonment, and addresses tampering with rabies tags or electronic handling devices. It is estimated to increase costs to the justice system by between $219,000 and $450,000 across multiple fiscal years. The fiscal impact for the new offenses regarding rabies tags and electronic handling devices could not be estimated. (en inglés)²

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Description

House File 737 amends the Iowa Code related to the mistreatment of animals that are not livestock or game animals. The criminal offenses addressed by the Bill include:

Tampering with a rabies vaccination tag:
Defined as when a person knowingly removes, damages, or destroys a rabies vaccination tag that is attached to a collar worn by a dog.
A person convicted for a first offense is guilty of a simple misdemeanor.
A person convicted for a second or subsequent offense is guilty of a serious misdemeanor.
Tampering with an electronic handling device:
Defined as when a person knowingly removes, damages, or destroys an electronic handling device that is attached to or worn by the dog or attached to an item worn by the dog.
A person convicted for a first offense is guilty of a simple misdemeanor.
A person convicted for a second or subsequent offense is guilty of a serious misdemeanor.
Animal abuse:
Defined as when a person intentionally, knowingly, or recklessly acts to cause injury, serious injury, or death to an animal by force, violence, or poisoning.
Abuse that does not cause serious injury or death to an animal is punishable as a serious misdemeanor.
Abuse that causes serious injury or death to an animal is punishable as an aggravated misdemeanor.
Abuse that causes serious injury or death to an animal is punishable as a Class D felony if the abuse is committed by a person who has been previously convicted of committing animal abuse, animal neglect, animal abandonment, animal endangerment, injury to or interference with a police service dog, bestiality, or an act involving an animal contest event.
Animal neglect:
Defined as a person failing to reasonably provide sufficient food, water, sanitary conditions, ventilated shelter, grooming, or veterinary care to an animal in a person’s custody.
Neglect that does not cause serious injury or death to an animal is punishable as a simple misdemeanor.
Neglect that causes injury other than serious injury or death to an animal is punishable as a serious misdemeanor.
Neglect that causes serious injury or death to an animal is punishable as an aggravated misdemeanor.
Neglect that causes serious injury or death to an animal is punishable as a Class D felony if committed by a person who has been previously convicted of committing one of the offenses enumerated under “animal abuse” above.
Animal torture:
Defined as a person intentionally, knowingly, or recklessly inflicting upon an animal severe and prolonged or repeated pain that results in the animal’s suffering and serious injury or death.
Juvenile court will have the jurisdiction over a minor accused of committing animal torture.
A person who commits animal torture is guilty of a Class D felony.
A person who commits animal torture is guilty of a Class C felony if the person has been previously convicted of committing one of the offenses enumerated under “animal abuse” above.
Abandonment of cats and dogs:
Defined as a person who owns or has custody of a cat or dog relinquishing all rights in and duties to care for the animal. The Bill specifies exceptions.
Abandonment that does not cause serious injury or death to an animal is punishable as a simple misdemeanor.
Abandonment that causes injury other than serious injury or death to an animal is punishable as a serious misdemeanor.
Abandonment that causes serious injury or death to an animal is punishable as an aggravated misdemeanor.

The Bill allows the court to order a person who commits animal mistreatment to undergo a psychological or psychiatric evaluation, specifies the conditions under which an evaluation is required, and requires the convicted person to pay the costs of the evaluation.

Background

Current law states the following:

A conviction of animal abuse is an aggravated misdemeanor.
A conviction of animal neglect is a simple misdemeanor, but neglect that causes serious injury or death to the animal is a serious misdemeanor.
A conviction of animal torture in the first offense is an aggravated misdemeanor, and a second or subsequent conviction is a Class D felony.
A conviction for abandonment of a cat or dog is a simple misdemeanor.
A conviction for knowingly and willfully tormenting, striking, drugging, or otherwise interfering with a police service dog without inflicting serious injury is a serious misdemeanor.
A conviction for knowingly and willfully torturing, injuring, or poisoning a police service dog, including causing the death of the animal, is a Class D felony.

Assumptions

House File 737 expands the definition of animal crimes related to the mistreatment of animals and will result in an estimated increase of 17 convictions per year. Other assumptions include:

Charge, conviction, and sentencing patterns and trends will not change over the projection period.
Prisoner length of stay, revocation rates, plea bargaining, and other criminal justice policies and practices will not change over the projection period.
The bill will become effective July 1, 2020. A lag effect of six months is assumed from the bill’s effective date to the date of first entry of affected offenders into the correctional system.
The analysis assumes that approximately 50.0% of dismissed charges for crimes against animals will become convictions under this Bill, as this Bill expands the definition of animal abuse.

Correctional Impact

This correctional impact is based on the 105 convictions under Iowa Code chapter 717B in FY 2018. It is estimated there will be 17 additional convictions annually in FY 2021 and subsequent years. The estimate includes 17 prison orders, 28 probation orders, 3 residential orders, and 20 jail orders. It is uncertain whether an individual who is convicted of a Class C or Class D felony under this Bill will be incarcerated or placed under community-based corrections (CBC) supervision. The correctional impact could not be estimated for the new offenses of tampering with a rabies vaccination tag or an electronic handling device. It is not possible to estimate how many convictions might occur for a new offense.

Table 1 below shows estimates for sentencing to State prison, probation, or CBC residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of serious misdemeanors, aggravated misdemeanors, Class D felonies, and Class C felonies in crimes involving persons. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 8, 2019, for information related to the correctional system. Table 1 — Sentencing Estimates and LOS

Minority Impact

House File 737 has a minority impact as 67.0% of the persons convicted of animal mistreatment in 2018 were Caucasian, 13.0% were African American, 3.0% were of other ethnicity, and 17.0% were of unknown ethnicity. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 737 is estimated to increase costs to the justice system between $219,000 and $450,000 across multiple fiscal years. The cost by offense is summarized in Table 2.Conviction

Offense

Class

Percent

to Prison FY 18

Avg

Length

of Stay

Prison

(months) FY 18

Marginal

Cost/Day

Percent to

Probation

FY 18

Avg Length

of Stay

Probation

(months) FY 18 Avg

Cost/Day

Probation

Percent

to CBC FY 18

Marginal

CBC

Cost/Day

FY 18

Avg

Length

of Stay

Parole

(months) FY 18

Marginal

Cost/Day

Parole

Percent

County

Jail

Marginal

Cost/Day

Class C

Felony

Persons 90.0% 39.8 $19.93 30.0% 32.6 $5.38 5.0% $11.85 19.5 $5.38 39.0% $50.00

Class D

Felony

Persons 80.0% 17.2 $19.93 53.0% 29.5 $5.38 8.0% $11.85 10.6 $5.38 31.0% $50.00

Aggravated

Misdemeanor

Persons 46.0% 8.5 $19.93 71.0% 20.2 $5.38 5.0% $11.85 4.8 $5.38 53.0% $50.00

Serious

Misdemeanor

Persons 2.0% 6.4 $19.93 60.0% 13.1 $5.38 1.0% $11.85 6.8 $5.38 70.0% $50.00

Simple Misdemeanor

In FY 2018, there were 68 simple misdemeanor convictions related to animal mistreatment: 61 for animal neglect and 7 for animal abandonment. The fiscal estimate for this Bill assumes 33 such simple misdemeanor convictions.

Serious Misdemeanor

In FY 2018, there were 21 serious misdemeanor convictions for animal neglect that caused serious injury or death to an animal. The fiscal estimate for this Bill assumes 44 such serious misdemeanor convictions.

Aggravated Misdemeanor

In FY 2018, there were 16 aggravated misdemeanor convictions related to animal mistreatment: 12 for animal abuse and 4 for animal torture. The fiscal estimate for this Bill assumes 30 such aggravated misdemeanor convictions.

Class D Felony

In FY 2018, there were no Class D felony convictions related to animal mistreatment. It is anticipated that under this Bill there will be eight such Class D felony convictions.

Class C Felony

In FY 2018, there were no Class C felony convictions related to animal mistreatment. It is anticipated that under this Bill there will be seven such Class C felony convictions.