Proyectos de ley › 88.ª Asamblea General
SSB 1075
Temas:Crime & corrections
La misma legislación: SF 369
Dónde está ahora
- Hecho: Presentado25 de febrero de 2019
- Hecho: Subcomité30 de enero de 2019
- Hecho: Comité del Senado25 de febrero de 2019
- Se detuvo: Lo aprueba el SenadoMurió al terminar la Asamblea General
- Sigue: Comité de la Cámara
- Sigue: Lo aprueba la Cámara
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2020 terminó el 14 de junio de 2020, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.
GENERAL.42). PRIMARY AND NONPRIMARY CODE CHAPTER 717B OFFENSES (ANIMAL MISTREATMENT) —— NON-CODE CHAPTER 717B OFFENSES. The bill amends three primary offenses which are part of Code chapter 717B.3A).3C).9). All of these primary and nonprimary offenses are classified as animal mistreatment.4). TYPES OF PRIMARY OFFENSES —— ABUSE. Animal abuse involves intentionally injuring an animal by violence or poisoning. The bill expands the intent element by adding acting either knowingly or recklessly. It also removes a provision that exempted a person who acted with the consent of the animal’s owner.
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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. The bill 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 PRIMARY OFFENSES —— 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. The bill 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 PRIMARY 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. The bill 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 classified as animal mistreatment. The bill also eliminates a requirement that a person convicted of animal torture must submit to psychological evaluation and treatment. TYPES OF NONPRIMARY OFFENSES —— ABANDONMENT. Animal abandonment involves knowingly or recklessly relinquishing custody of an animal at a location in which the person does not hold a legal or equitable interest. _____ 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 classified as animal mistreatment. TYPES OF NONPRIMARY OFFENSES —— ENDANGERMENT. 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 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. _____ 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 if the offense is punishable as an aggravated misdemeanor or felony. 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 10 years. ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS —— AND LOCAL ANIMAL WARDENS., county sheriff or deputy sheriff) or an animal warden (a person employed by local government to enforce the animal control laws) is authorized to rescue an animal from a motor vehicle based upon a reasonable belief that the animal may be suffering distress. The officer or warden 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.
Senate subcommittee
Named January 30, 2019. On February 13, 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 animal crimes, including new offenses for animal abandonment and animal endangerment. It is estimated to increase costs to the justice system by between $237,000 and $478,000 across multiple fiscal years. (en inglés)2
Lea la nota fiscal (en inglés)
Description
Senate File 369 amends Iowa Code chapter 717B related to the mistreatment of animals that are not livestock or game animals. The Bill creates two new criminal offenses and amends three other criminal offenses. The criminal offenses addressed by the Bill include:
- Animal abuse:
- Defined as intentionally, knowingly, or recklessly causing 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 a serious misdemeanor.
- Abuse that causes serious injury or death to an animal is an aggravated misdemeanor.
- Abuse that causes serious injury or death to an animal is a Class D felony if 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 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 a simple misdemeanor.
- Neglect that causes injury other than serious injury or death to an animal is a serious misdemeanor.
- Neglect that causes serious injury or death to an animal is an aggravated misdemeanor.
- Neglect that causes serious injury or death to an animal is 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 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 of a child 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.
- Animal abandonment:
- A new offense, defined as knowingly or recklessly relinquishing custody of an animal without legally transferring the animal to another person, making reasonable arrangements for the transfer of custody of the animal, or making other reasonable arrangements for the care of the animal.
- Abandonment that does not cause serious injury or death to an animal is a simple misdemeanor.
- Abandonment that causes injury other than serious injury or death to an animal is a serious misdemeanor.
- Abandonment that causes serious injury or death to an animal is an aggravated misdemeanor.
- Abandonment that causes serious injury or death to an animal is 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 endangerment:
- A new offense, defined as confining an animal in a stationary motor vehicle in a manner that endangers the health or life of the animal by exposing the animal to a prolonged period of extreme interior temperature or lack of adequate ventilation.
- Endangerment that does not cause serious injury or death to an animal is a simple misdemeanor.
- Endangerment that causes injury other than serious injury or death to an animal is a serious misdemeanor.
- Endangerment that causes serious injury or death to an animal is an aggravated misdemeanor.
- Endangerment that causes serious injury to an animal is 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.
The Bill also does the following:
- 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. Requires the costs of the evaluation to be paid by the convicted person.
- Allows the court to prohibit a person who commits animal mistreatment from owning or obtaining custody of an animal. Specifies that any violation of the court order is a simple misdemeanor.
- Allows a law enforcement officer or an animal warden to rescue an animal from a stationary vehicle if the animal is suffering distress due to extreme temperature or a lack of proper ventilation.
- Specifies Iowa Code section 25B.2 related to unfunded State mandates does not apply.
Background
Current law includes:
- 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 animal abandonment 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
Senate File 369 expands the definition of animal crimes related to the mistreatment of animals and will result in an estimated increase of 10 convictions in the first year and 18 convictions each subsequent 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 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 105 convictions under Iowa Code chapter 717B in FY 2018. It is estimated there will be 10 additional convictions in the first year and 18 additional convictions each subsequent year. The estimate includes 19 prison orders, 32 probation orders, 3 residential orders, and 18 jail orders. It is uncertain whether an individual who is convicted of a Class C felony or a Class D felony under this Bill will be incarcerated or placed under Community-Based Corrections (CBC) supervision.
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
Senate File 369 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 7, 2019, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 369 is estimated to increase costs between $237,000 and $478,000 to the justice system across multiple fiscal years. The cost by offense is summarized in the table below.
Conviction
Offense Class
Percent
to Prison FY 18
Avg Length
of Stay
Prison
(months) FY 18
Marginal
Cost/Prison
Day
Percent to
Probation
FY 18
Avg Length
of Stay
Probation
(months) FY 18
Avg
Cost/Day
Probation
Percent to
CBC
FY 18
Marginal
Cost/CBC
Day
FY 18
Avg Length
of Stay
Parole
(months) FY 18
Marginal
Cost/Day
Parole
Percent
to
County
Jail
FY 18
Marginal
Cost/Jail
Day
Class C Felony
Persons 90.0% 39.8 $18.43 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 $18.43 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 $18.43 71.0% 20.2 $5.38 5.0% $11.85 4.8 $5.38 53.0% $50.00
Serious
Misdemeanor 2.0% 6.4 $18.43 60.0% 13.1 $5.38 1.0% $11.85 6.8 $5.38 70.0% $50.00
Simple Misdemeanor
In FY 2018, there were 68 simple misdemeanor convictions related to animal mistreatment: 61 for animal neglect and 7 for animal abandonment. The fiscal estimate under this Bill assumes 32 such simple misdemeanor convictions. The fiscal impact for simple misdemeanors is summarized in Table 2.
Serious Misdemeanor
In FY 2018, there were 21 serious misdemeanor convictions for animal neglect that caused serious injury or death to an animal. The fiscal estimate under this Bill assumes 44 such serious misdemeanor convictions. The fiscal impact for serious misdemeanors is summarized in Table 2.
Aggravated Misdemeanor
In FY 2018, there were 16 aggravated misdemeanor convictions related to animal mistreatment: 12 for animal abuse and 4 for animal torture. The fiscal estimate under this Bill assumes 30 such aggravated misdemeanor convictions. The fiscal impact for aggravated misdemeanors is summarized in Table 2.
Class D Felony
In FY 2018, there were no Class D felony convictions related to animal mistreatment. It is anticipated that under this Bill there will be 10 such Class D felony convictions. The fiscal impact for a Class D felonies is summarized in Table 2.
Class C Felony
In FY 2018, there were no Class C felony convictions related to animal mistreatment. It is anticipated that under this Bill there will be seven Class C felony convictions. The fiscal impact for Class C felonies is summarized in Table 2.
Change in
Estimated
Offense Convictions Minimum Maximum Minimum Maximum Simple Misdemeanor -36 30$ 330$ -1,080$ -11,880$ Serious Misdemeanor 23 390 5,000 8,970 115,000 Aggravated Misdemeanor 14 4,700 7,500 65,800 105,000 Class D Felony 10 9,200 14,100 92,000 141,000 Class C Felony 7 10,200 18,400 71,400 128,800 Total 18 24,520$ 45,330$ 237,090$ 477,920$
Cost per Conviction Cost Increase
Table 2 — Fiscal Estimate to the State Justice System
Sources
- Department of Human Rights, Criminal and Juvenile Justice Planning Division
- Department of Agriculture and Land Stewardship
- Animal Abuse · 1 de marzo de 2019 · $478,000
Lo que cambia del Código de Iowa (Iowa Code)
Crea§717B.3B§717B.3C§717B.3D§717B.3E§717B.5A
Modifica§717B.1§717B.2§717B.3§717B.3A
Deroga§717B.8
Cabildeo
5 a favor · 0 en contra · 12 indecisos · Quiénes →
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