Bills › 90th General Assembly
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 Senate State Government Committee
Topics:Courts & civil lawCrime & correctionsState government
Where it is now
- Done: IntroducedJanuary 12, 2023
- Done: SubcommitteeJanuary 12, 2023
- Done: Senate committeeFebruary 16, 2023
- Stopped: Passes the SenateDied when the General Assembly ended
- Skipped: House committeeSkipped
- Done: Passes the HouseMarch 7, 202397–1
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, 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 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.
Senate subcommittee
Named January 12, 2023 (as SSB 1038). On February 7, 2023 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
1 written public comment to its subcommittee: February 7, 2023 (1) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill provides immunity to licensed veterinarians who cooperate with law enforcement or provide evidence in animal mistreatment cases, while creating a new simple misdemeanor for those who knowingly provide false information. The fiscal impact related to the creation of this new criminal offense cannot be estimated due to a lack of existing data.3
Read the fiscal note
Description
House File 472 provides immunity to administrative, civil, and criminal liability to licensed veterinarians engaged in the following activities:
- Cooperate with a peace officer in a matter relating to the alleged conduct of a client that would result in a misdemeanor or felony under Iowa Code chapter 717B, 717C, or 717D, which pertain to the mistreatment of animals.
- Cooperate with a local authority or law enforcement to rescue a threatened animal.
- Participate in a dispositional proceeding.
- Provide competent and truthful evidence in an administrative, civil, or criminal case that would result in a misdemeanor or felony under Iowa Code chapter 717B, 717C, or 717D. A licensed veterinarian who knowingly provides false information regarding a client’s alleged conduct is subject to disciplinary action, civilly liable for damages caused by the false information, and guilty of a simple misdemeanor.
Background
A licensed veterinarian is a person who has a valid license to practice veterinary medicine as defined in Iowa Code chapter 169.
Iowa Code chapters 717B, 717C, and 717D regulate the mistreatment of animals, bestiality, and animal contest events, respectively.
A simple misdemeanor is punishable by confinement for up to 30 days and a fine of between $105 and $855.
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.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 472 establishes a new simple misdemeanor. As a result, the correctional impact cannot be estimated due to a lack of existing data. A conviction for a simple misdemeanor does not result in a prison sentence, but does carry the possibility of confinement in jail for up to 30 days. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information related to the correctional system.
Minority Impact
House File 472 creates a new offense and the minority impact cannot be determined due to a lack of conviction data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact related to the creation of a new criminal offense cannot be estimated due to a lack of existing data. The average State cost for one simple misdemeanor conviction ranges from $35 to $375.
Sources
- Division of Criminal and Juvenile Justice Planning, Department of Human Rights
- Legislative Services Agency
- Permissive Reporting, Veterinarians · February 28, 2023
- Permissive Reporting, Veterinarians · February 23, 2023
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Tried before
Study bill
90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in 2 earlier General Assemblies. None became law, though one got through a chamber.
- HF 2429 Providing for the conduct of licensed veterinarians when involved in certain legal matters…89th General Assembly · Passed House · same titlePassed a chamber
- HSB 170 HSB 17089th General Assembly · Renumbered as HF 623 · similarCleared committee
- HSB 556 HSB 55688th General Assembly · Approved by committee · similarCleared committee
Similar bills this General Assembly
- HF 227 Providing for the conduct of licensed veterinarians when involved in certain legal matters…91st General Assembly · In committeeNearly identical
- HF 869 Providing for the conduct of licensed veterinarians when involved in certain legal matters…91st General Assembly · Passed HouseNearly identical
Matched by wording or an identical title.