Relating to the abandonment of cats and dogs including delivery to an animal shelter or pound, and making penalties applicable

Description

House File 2521 narrows an exception for the crime of abandonment of cats and dogs under Iowa Code section 717B.8. Under the Bill, for the delivery of a cat or dog to an animal shelter or pound to be an exception to the crime of abandonment of the cat or dog, an employee or volunteer of the animal shelter or pound must physically accept the delivery of the animal.

Background

Under Iowa Code section 717B.8 (Abandonment of Cats and Dogs — Penalties), a person commits animal abandonment if the person owns or has custody of a cat or dog and relinquishes all rights in and duties to care for the cat or dog. However, under current law (Iowa Code section 717B.8), the crime of abandonment of cats and dogs does not apply if the cat or dog is delivered to an animal shelter or pound.

Under Iowa Code section 717B.8, a person who commits animal abandonment:

• Is guilty of a simple misdemeanor if the delivery or relinquishment does not cause injury or death to an animal,
• Is guilty of a serious misdemeanor if delivery or relinquishment causes injury other than serious injury or death to an animal, and
• Is guilty of an aggravated misdemeanor if delivery or relinquishment causes serious injury or death to an animal.

In FY 2025, there were 21 convictions under Iowa Code section 717B.8 involving 16 individuals. A simple misdemeanor is punishable by confinement for up to 30 days in lieu of a fine or in addition to a fine of up to $855. A serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540.

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.
• County jail data is unavailable. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
• Conviction data reflects the total number of convictions in adult court, which may include multiple convictions per individual. Not all convictions lead to incarceration, and there may be a delay between conviction and prison admission, which can contribute to differences in totals.
• A six-month delay is assumed from the effective date of the Bill to the date the first offender will enter the correctional system.
• Offender-based convictions are a count of individuals convicted of the same offense. Each offender is counted only once per Iowa Code section, regardless of the number of individual convictions.
• Admissions are a count of individuals newly admitted to the Department of Corrections (DOC) for supervision during a selected time period, based on the most serious offense committed.

Correctional Impact

The correctional impact of the Bill cannot be determined because the number of new convictions cannot be estimated, but is anticipated to be minimal. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for a serious misdemeanor and aggravated misdemeanor.

Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months

Conviction Offense Class

Percent

Ordered to

State

Prison

FY 2025 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day

Prison

Percent

Ordered to

Probation

FY 2025

Field Avg

LOS on

Probation

Avg Cost

Per Day

Probation

Marginal

Cost Per

Day CBC

Marginal

Cost Per

Day Jail

FY 2025

Field Avg

LOS on

Parole

Marginal

Cost Per

Day Parole

Serious Misdemeanor 2.3% 7.3 $23.07 44.8% 21.0 $8.00 $16.35 $50.00 N/A $8.00 Aggravated Misdemeanor Non-Persons 31.1% 9.3 $23.07 37.1% 28.4 $8.00 $16.35 $50.00 11.2 $8.00 Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 12, 2026, for information related to the correctional system.

Minority Impact

The minority impact cannot be determined since it is not known how many additional convictions would result from the changes under the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 12, 2026, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of the Bill cannot be determined, but is anticipated to be minimal. Figure 2 shows the average State cost per relevant offense. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs would be incurred across multiple fiscal years for prison and parole supervision.

Figure 2 — Average State Cost Per Offense

Offense Class Average Cost

Simple Misdemeanor $30 to $420 Serious Misdemeanor $350 to $6,200 Aggravated Misdemeanor $8,300 to $12,200

Sources

• Department of Corrections
• Division of Data, Planning, and Improvement (DPI), Department of Management (DOM)