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

10A). The bill reduces the penalty from an aggravated to a serious misdemeanor for committing animal abuse that does not cause an animal serious injury or death and retains the penalty of aggravated misdemeanor for committing animal abuse that causes an animal serious injury or death. It provides that the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses classified as animal mistreatment. TYPES OF OFFENSES —— NEGLECT. Animal neglect involves failing to provide an animal with adequate food, water, or shelter, or torturing the animal. The bill rewrites these requirements by requiring that an animal be furnished with adequate supplies of nutritional food, access to potable water, adequate sanitary conditions, ventilated shelter sufficient to provide the animal with protection from extreme weather conditions, and necessary veterinary care. The bill eliminates the torture prohibition. It retains the criminal penalty which is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the animal suffers an injury and to an aggravated misdemeanor if the animal suffers a serious injury or death. In a case where the animal suffers a serious injury or death, the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses. TYPES OF OFFENSES —— TORTURE. Animal torture involves inflicting upon an animal severe physical pain with depraved or sadistic intent to cause prolonged suffering or death. The bill requires that the act constitute an intentional, knowing, or reckless infliction of prolonged or repeated physical pain that results in suffering and serious injury or death.10A). It replaces the current penalties for animal torture. A person is no longer guilty of an aggravated misdemeanor for the first offense and a class “D” felony for a subsequent offense. Instead, a person is guilty of a class “D” felony, which is enhanced to a class “C” felony if the person was previously convicted of one of the named offenses. It also eliminates a requirement that a person convicted of animal torture must submit to psychological evaluation and treatment. TYPES OF OFFENSES —— ABANDONMENT. The bill creates a new offense, animal abandonment, which involves knowingly or recklessly relinquishing custody of an animal at a location in which the person does not hold a legal or equitable interest. There are exceptions in cases of transferring ownership or custody or making arrangements for the care of the animal. The criminal penalty is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the animal suffers an injury and to an aggravated misdemeanor if the animal suffers a serious injury or death. In a case where the animal suffers a serious injury or death, the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses. TYPES OF OFFENSES —— ENDANGERMENT. The bill provides that animal endangerment involves confining an animal in a stationary motor vehicle in a manner that exposes the animal to a prolonged period of extreme interior temperature or a long period without adequate ventilation. The criminal penalty is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the animal suffers an injury and to an aggravated misdemeanor if the animal suffers a serious injury or death. In a case where the animal suffers a serious injury or death, the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses. APPLICABLE CRIMINAL PENALTIES. The criminal penalties are as follows: (1) simple misdemeanor, confinement for no more than days or a fine of at least $65 but not more than $625 or by both; (2) serious misdemeanor, confinement for no more than one year and a fine of at least $315 but not more than $1,875; (3) aggravated misdemeanor, confinement for no more than two years and a fine of at least $625 but not more than $6,250; (4) class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500; and (5) class “C” felony, confinement for no more than years and a fine of at least $1,000 but not more than $10,000. COURT ORDERS. At the time of conviction for committing any of the offenses classified as animal mistreatment, a person may be subject to a court order requiring a psychological or psychiatric evaluation and treatment. The person may also be subject to a court order prohibiting the person from owning, possessing, or living with an animal. In each case, the court’s decision to issue an order is discretionary except under certain conditions. A court order requiring an evaluation and treatment is mandatory for juveniles. That order and the order prohibiting contact with animals is also mandatory for some offenses. For a discretionary court order, the period of prohibition is for not less than three years. For a mandatory court order, the period of prohibition is not less than years. ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS., county sheriff or deputy sheriff) is authorized to rescue an animal from a motor vehicle based upon a reasonable belief that the animal may be suffering distress. The officer must provide a written notice of the rescue. After the rescue, the animal must be maintained as a rescued animal by the local authority until it is claimed or disposed of pursuant to court order.