Prohibiting the mistreatment of certain animals other than livestock and wild animals, providing reporting requirements, providing for criminal offenses, and including penalties

Serious injury involves a substantial risk of death, protracted disfigurement, impairment, or a loss or impairment of a limb. For animal abuse in the second degree, the animal must suffer an injury meaning some impairment to the animal’s health or functions. For animal neglect in the second degree, an injury or death element is not required. For these offenses, the criminal penalties are as follows: (1) animal abuse in the first degree, an aggravated misdemeanor which may be enhanced to a class “D” felony; (2) animal abuse in the second degree, a serious misdemeanor which may be enhanced to an aggravated misdemeanor; (3) animal neglect in the first degree, an aggravated misdemeanor which may be enhanced to a class “D” felony; (4) animal neglect in the second degree, a serious misdemeanor which may be enhanced to an aggravated misdemeanor; and (5) animal torture, a class “D” felony which may be enhanced to a class “C” felony. A number of exceptions apply to the animal abuse and animal torture offenses, including carrying out (1) a court order; (2) a veterinary practice; (3) a good animal husbandry practice; (4) another provision of law; (5) legally hunting, trapping, or fishing; (6) a defense of property or life; (7) conduct by a local authority; and (8) research activities. The bill eliminates a provision in the current Code section prohibiting animal abuse that excepts from culpability the animal’s owner or a person acting with the owner’s consent. The bill also eliminates an element of animal torture that requires proof of sadistic or depraved intent. TYPES OF CRIMINAL OFFENSES —— ANIMAL ABANDONMENT AND ANIMAL ENDANGERMENT. For animal abandonment, a person must knowingly or recklessly relinquish custody of an animal, and then fail to provide for its legal transfer or make arrangements for its care. For animal endangerment, a person must confine an animal in a stationary motor vehicle in a manner that endangers the health or life of the animal. For these last two offenses, the criminal penalties are the same: a simple misdemeanor which may be enhanced to a serious misdemeanor. APPLICABLE CRIMINAL PENALTIES. The criminal penalties are as follows: (1) simple misdemeanor, confinement for no more than 30 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 10 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, 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 of the same genus as the mistreated 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 if the offense is punishable as an aggravated misdemeanor or felony. For a discretionary court order, the period of prohibition is from one to five years. For a mandatory court order, the period of prohibition is as follows: (1) one to five years for an aggravated misdemeanor, (2) 5 to 15 years for a class “D” felony, and (3) life for a class “C” felony. ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS., county sheriff or deputy sheriff) is authorized to rescue an animal from a motor vehicle based upon the officer’s 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. MANDATORY REPORTING —— VETERINARIANS TO LOCAL LAW ENFORCEMENT AGENCIES. A veterinarian is required to report cases in which an animal may have suffered a serious injury due to animal abuse, animal neglect, or animal torture. The board of veterinary medicine may prescribe the form of the report. The report must be submitted to the local law enforcement agency having jurisdiction of the matter. MANDATORY REPORTING —— LOCAL LAW ENFORCEMENT AGENCIES TO THE DEPARTMENT OF HUMAN SERVICES. A local law enforcement agency must submit a report to the department of human services if a law enforcement officer conducts an investigation involving animal abuse, animal neglect, or animal torture and reasonably believes a minor child of the subject of the investigation witnessed the offense being committed. STATE MANDATE.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.