Bills › 89th General Assembly

HF 2429Died when the session ended · February 23, 2022

Providing for the conduct of licensed veterinarians when involved in certain legal matters involving the alleged mistreatment of animals, including by providing for immunity from administrative, civil, or criminal liability when acting in good faith; providing for administrative, civil, or criminal liability when not acting in good faith; and making penalties applicable

Sponsored by the House Local Government Committee

Topics:Courts & civil lawCrime & correctionsProfessional licensing

Same legislation: HSB 708

Where it is now

  1. Done: IntroducedFebruary 10, 2022
  2. Done: SubcommitteeFebruary 10, 2022
  3. Done: House committeeFebruary 15, 2022
  4. Done: Passes the HouseFebruary 23, 202297–0
  5. Stopped: Senate committeeDied when the General Assembly ended
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary Licensed veterinarians will be protected from legal trouble if they act in good faith while helping with investigations into animal abuse, neglect, or other animal crimes. This protection applies when they report misconduct to officers, help rescue threatened animals, or provide evidence in court. However, a veterinarian can still be punished or sued if they knowingly give false information to the police.1

Read the official explanation

IMMUNITY FROM LIABILITY —— LIMITATIONS —— ADMINISTRATIVE, CIVIL, AND CRIMINAL LIABILITY. This bill amends provisions in Code chapter 169, the Iowa veterinary practice Act, by providing that a licensed veterinarian who acts in good faith is immune from administrative, civil, or criminal liability for actions involving cases of alleged animal misconduct under several Code chapters. Code chapter 717B prohibits various forms of animal mistreatment, including abuse, neglect, torture, and injuring or interfering with a police service dog; Code chapter 717C prohibits bestiality; and Code chapter 717D prohibits animal contest events. The licensed veterinarian is shielded from civil or criminal liability for cooperating in a criminal investigation including by making a report to a peace officer or providing the peace officer with information regarding a client’s conduct; assisting a county or city in rescuing a threatened animal; participating in a civil proceeding to determine the disposition of an animal or complying with a court order arising from that proceeding; or providing evidence in an administrative, civil, or criminal proceeding. However, the bill also provides that a licensed veterinarian who knowingly makes a false report to a peace officer or knowingly provides the peace officer with false information regarding a client’s conduct is not acting in good faith, is subject to disciplinary action by the board, is civilly liable for damages proximately caused by making such report or providing such information to a peace officer, and is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.10). BACKGROUND. The offenses in Code chapter 717B apply generally to all nonhuman vertebrate animals, including dogs and cats, unless specifically excluded. It does not apply to livestock (Code chapter 717); game, fur-bearing animals, fish, reptiles, or amphibians (Code chapter 481A), unless such animal is owned, confined, or controlled by a person; or nongame animals declared to be a nuisance by the natural resource commission (Code chapter 481A). A local authority (city or county) may rescue a threatened animal and a court may provide for the disposition of that animal. A threatened animal is an animal that has been abused, neglected, or tortured. Code chapter 717C applies to any nonhuman vertebrate animal without exception and the offense involves a person’s sexual contact with the animal. Code chapter 717D also applies to any nonhuman vertebrate animal without exception and the offense involves a person participating in an event organized for entertainment or profit where any animal is injured, tormented, or killed.

Full bill text2

Senate subcommittee

Named March 1, 2022. It hasn’t reported yet.

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

Fiscal note

Can’t be estimated Compare with other bills

AI summary This bill grants immunity to veterinarians who cooperate with criminal investigations involving animal crimes and creates a new simple misdemeanor for those who knowingly provide false information. The fiscal impact of this new offense cannot be estimated due to a lack of existing conviction data. The correctional impact is expected to be minimal because no convictions have been filed under the related veterinary practice laws.3

Read the fiscal note

Description

House File 2429 grants immunity from administrative, civil, and criminal liability to veterinarians when they are cooperating in criminal investigations of misdemeanors or felonies under Iowa Code chapter 717B, Iowa Code chapter 717C, or Iowa Code chapter 717D. Veterinarians who knowingly provide false information in investigations are guilty of a simple misdemeanor.

Background

Iowa Code chapter 717B, Iowa Code chapter 717C, and Iowa Code chapter 717D all outline crimes involving animals. Iowa Code chapter 717B prohibits various forms of animal mistreatment including abuse, neglect, torture, and injuring or interfering with a police service dog. Iowa Code chapter 717B only applies to companion animals. Iowa Code chapter 717C prohibits bestiality, and Iowa Code chapter 717D prohibits animal contest events. Animal contest events involve events where an animal is injured, tormented, or killed for entertainment or profit, including but not limited to bullfighting or bull baiting, bear baiting, cock fighting, and dog fighting. Both Iowa Code chapter 717C and Iowa Code chapter 717D apply to all animals. Iowa Code chapter 169 (Veterinary Practice) outlines the acts and offenses that could result in disciplinary action for veterinarians.

A simple misdemeanor is punishable by a fine of at least $105 but not more than $855, confinement for no more than 30 days, or both.

Assumptions

  • The following will not change over the projection period: charge, conviction, and sentencing patterns and trends, prisoner length of stay (LOS), revocation rates, plea bargaining, and other criminal justice system policies and practices.
  • The law will become effective July 1, 2022. 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 (to allow for court case processing time).

Correctional Impact

House File 2429 gives immunity to veterinarians assisting in investigations involving animal mistreatment. According to the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights, no convictions have been filed under Iowa Code chapter 169, and the correctional impact is expected to be minimal. The Bill also creates a new simple misdemeanor offense. The correctional impact cannot be determined due to lack of conviction data. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Minority Impact

The CJJP cannot estimate a minority impact due to lack of conviction data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 2429 establishes a new offense. The fiscal impact of this offense cannot be estimated due to a lack of existing conviction data. Table 1 shows average State cost for one simple misdemeanor. The cost estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction.

Sources

  • CJJP, Department of Human Rights
  • Department of Corrections

Reading a fiscal note4

Iowa Code it changes

Creates§169.18A

Amends§169.13§169.3§670.4

How the Code works5

Lobbying

2 for · 0 against · 5 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None got through a chamber.

  • HSB 556 HSB 556
    88th General Assembly · Approved by committee · similar
    Cleared committee

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  • HSB 170 HSB 170
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