Proyectos de ley › 88.ª Asamblea General
Relating to the mistreatment of certain animals other than livestock and wildlife, by providing for criminal offenses, including penalties
Temas:AgricultureCrime & correctionsLivestock & confinements
La misma legislación: SF 591
Dónde está ahora
- Hecho: Presentado16 de enero de 2019
- Hecho: Subcomité22 de enero de 2019
- Hecho: Comité del Senado11 de marzo de 2019
- Se saltó: Lo aprueba el SenadoSigue como SF 591
- Sigue: Comité de la Cámara
- Sigue: Lo aprueba la Cámara
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es SF 591 → Sigue avanzando con el número nuevo. Ir a SF 591 ¿Qué es el embudo (funnel)?
Qué contiene
La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.
MISTREATMENT OF ANIMALS —— INCREASE IN CRIMINAL PENALTIES. Currently, the criminal penalty for a conviction of animal abuse is an aggravated misdemeanor. This bill provides that the criminal penalty for a second or subsequent conviction for that offense is enhanced to a class “D” felony. The current criminal penalty for a conviction of animal negligence is a simple misdemeanor, unless the convicted person’s actions resulted in a serious injury to the animal or the animal’s death. In the instance in which an animal is inflicted with a serious injury, the bill increases the enhanced criminal penalty from a serious misdemeanor to an aggravated misdemeanor.
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Currently, the criminal penalty for animal torture is an aggravated misdemeanor for the first conviction which is enhanced to a class “D” felony for a second or subsequent conviction. For each conviction, the court’s sentencing order must provide that the guilty person submit to psychological evaluation and treatment, and for the first conviction the order must require the guilty person complete a community work requirement. The bill provides the criminal penalty is a class “D” felony without regard to the number of prior convictions and eliminates the enhanced penalty provision. The bill also makes certain changes in terminology for purposes of consistency and readability. BACKGROUND.42).2). Animal neglect involves the failure to provide an animal with adequate food or water, or failure to provide a dog or cat with adequate shelter.3).3A). APPLICABLE CRIMINAL PENALTIES. The criminal penalties described in the bill are as follows: (1) for a 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) for a serious misdemeanor, confinement for no more than one year and a fine of at least $315 but not more than $1,875; (3) for an aggravated misdemeanor, confinement for no more than two years and a fine of at least $625 but not more than $6,250; and (4) for a class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500.
Senate subcommittee
Named January 22, 2019. It hasn’t reported yet.
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Nota fiscal
Resumen con IA This bill changes the definitions and penalties for certain animal abuse, neglect, and torture crimes. It is estimated to increase costs to the justice system by between $92,410 and $93,500 across multiple fiscal years. (en inglés)2
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Description
Senate File 591 amends Iowa Code chapter 717B related to the mistreatment of animals that are not livestock or game animals. The Bill changes several criminal offenses. Under current law, animal abuse is defined as when a person intentionally injures, maims, disfigures, destroys, or intentionally poisons an animal owned by another person. Under current law, a person who commits animal abuse is guilty of an aggravated misdemeanor. Under the Bill, a person who is convicted of animal abuse for a second or subsequent time is guilty of a Class D felony.
Under current law, animal neglect is defined as when a person does not supply an animal in confinement with sufficient food and water and fails to provide adequate shelter. Under current law, a person who commits animal neglect is guilty of a simple misdemeanor. Under the Bill, a person who commits animal neglect and causes serious injury or death to an animal is guilty of an aggravated misdemeanor. Animal torture is defined as when a person intentionally inflicts serious physical pain upon an animal that causes prolonged suffering or death of the animal. The Bill increases the penalty for a person who commits animal torture from an aggravated misdemeanor to a Class D felony. The person who commits animal torture will be ordered to submit to a psychological evaluation and treatment. The convicted person will pay for the treatment. For the first conviction, the person may be ordered to complete a community service requirement that could include working at an animal shelter or pound.
The Bill does not apply to a commercial establishment that complies with the applicable standard of care as defined in Iowa Code section 162.10A.
Background
Under current law:
- 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.
Assumptions
Senate File 591 changes the definition of animal crimes related to the mistreatment of animals. The number of convictions is not expected to increase; however, the offense class will be redistributed. Other assumptions include:
- Assumes the same number of convictions will occur annually that occurred in FY 2018.
- 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 law will become effective July 1, 2019. A lag effect of six months is assumed from the law’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 because this Bill expands the definition of animal abuse.
Correctional Impact
The correctional impact is based on the 98 convictions under Iowa Code chapter 717B in FY 2018. The Bill redistributes the convictions by offense class and does not increase the total number of convictions. The estimate includes 7 prison orders, 1 probation order, and 3 residential orders.
Table 1 below shows estimates for sentencing to State prison, probation, or Community-Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of serious misdemeanors, aggravated misdemeanors, and Class D 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
Senate File 591 has a minority impact, as 83.0% of the persons convicted of animal mistreatment in 2018 were Caucasian and 17.0% were African American. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 591 is estimated to increase costs between $92,000 and $94,000 to the Justice System across multiple fiscal years. The cost by offense is summarized in Table 2 below.
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
to
County
Jail
Marginal
Cost/Day
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 61 simple misdemeanor convictions related to animal mistreatment. The fiscal estimate under this Bill assumes this number will remain the same and there is no fiscal impact included in Table 2.
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 under this Bill assumes a reduction of 11 more serious misdemeanor convictions under the Bill.
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 under this Bill assumes an increase of 1 more aggravated misdemeanor conviction under the Bill.
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 10 new Class D felony convictions.
Sources
- Department of Human Rights, Criminal and Juvenile Justice Planning Division
- Department of Agriculture and Land Stewardship
- LSA calculations
- Animal Abuse · 13 de marzo de 2019 · $94,000
Lo que cambia del Código de Iowa (Iowa Code)
Cabildeo
2 a favor · 0 en contra · 15 indecisos · Quiénes →
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88th General Assembly