House File 2089 - Introduced
HOUSE FILE
BY VANDER LINDEN
A BILL FOR
1 An Act prohibiting the mistreatment of service dogs, including
2 acts of interference or cruelty, and providing for
3 penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 717B.1, subsection 5, Code 2018, is
1 2 amended to read as follows:
1 3 5. "Law enforcement officer" means a peace officer who
1 4 is a regularly employed member of a police force of a city
1 5 or county, including a sheriff, who is responsible for the
1 6 prevention and detection of crime and the enforcement of the
1 7 criminal laws of this state.
1 8 Sec. 2. Section 717B.1, Code 2018, is amended by adding the
1 9 following new subsections:
1 10 NEW SUBSECTION. 7A. "Peace officer" means the same as
1 11 defined in section 801.4.
1 12 NEW SUBSECTION. 8A. "Service dog" means the same as defined
1 13 in section 216C.11.
1 14 Sec. 3. NEW SECTION. 717B.10 Interference with a service
1 15 dog.
1 16 1. A person is guilty of interference with a service dog if
1 17 the person knowingly, and willfully or maliciously, torments,
1 18 strikes, or administers a nonpoisonous desensitizing substance
1 19 to the service dog without inflicting serious injury on the
1 20 service dog.
1 21 2. A person who commits interference with a service dog is
1 22 guilty of a serious misdemeanor.
1 23 3. Subsections 1 and 2 do not apply to any of the following:
1 24 a. A peace officer while performing an official duty.
1 25 b. A veterinarian licensed in this state while practicing
1 26 veterinary medicine as provided in chapter 169.
1 27 c. A person acting in justified self=defense or the
1 28 justified defense of another person or animal.
1 29 Sec. 4. NEW SECTION. 717B.11 Cruelty to a service dog.
1 30 1. A person is guilty of cruelty to a service dog if the
1 31 person knowingly, and willfully or maliciously, does any of the
1 32 following:
1 33 a. Tortures the service dog in a manner that causes the
1 34 service dog to suffer severe physical pain.
1 35 b. Injures the service dog in a manner that causes the
2 1 service dog to suffer any of the following:
2 2 (1) A permanent disfigurement or disability.
2 3 (2) Death.
2 4 c. Sets a trap or other device for the purpose of injuring
2 5 the service dog in a manner that would reasonably cause the
2 6 service dog to suffer any of the following:
2 7 (1) A permanent disfigurement or disability.
2 8 (2) Death.
2 9 d. Pays or agrees to pay another person a bounty to injure
2 10 the service dog which reasonably would cause the service dog
2 11 to suffer any of the following:
2 12 (1) A permanent disfigurement or disability.
2 13 (2) Death.
2 14 e. Administers poison, noxious fumes, or noxious gas to the
2 15 service dog.
2 16 2. A person who commits cruelty to a service dog is guilty
2 17 of a class "D" felony.
2 18 3. Subsections 1 and 2 do not apply to any of the following:
2 19 a. A peace officer while performing an official duty.
2 20 b. A veterinarian licensed in this state while practicing
2 21 veterinary medicine as provided in chapter 169.
2 22 c. A person acting in justified self=defense or the
2 23 justified defense of another person or animal.
2 24 EXPLANATION
2 25 The inclusion of this explanation does not constitute agreement with
2 26 the explanation's substance by the members of the general assembly.
2 27 GENERAL. This bill amends Code chapter 717B, which provides
2 28 for offenses relating to the mistreatment of certain animals,
2 29 by creating two new criminal offenses that relate to the
2 30 mistreatment of a service dog, which is defined as a dog
2 31 specially trained to assist a person with a disability (Code
2 32 section 216C.11). The first new offense is interference with a
2 33 service dog and the second new offense is cruelty to a service
2 34 dog. Generally, the elements, punishments, and exceptions
2 35 to each offense are similar to those in a current statute
3 1 that prohibits the mistreatment of a police service dog (Code
3 2 section 717B.9).
3 3 INTERFERENCE WITH A SERVICE DOG. The first offense
3 4 is committed by a person who knowingly, and willfully or
3 5 maliciously, torments, strikes, or administers a nonpoisonous
3 6 desensitizing substance to a service dog, without inflicting
3 7 serious injury. That person is guilty of a serious
3 8 misdemeanor. A number of exceptions apply including actions
3 9 by a peace officer, licensed veterinarian, or person acting
3 10 in justified self=defense or the justified defense of another
3 11 person.
3 12 CRUELTY TO A SERVICE DOG. The second offense is committed
3 13 by a person who knowingly, and willfully or maliciously,
3 14 mistreats or plans to mistreat the service dog by torture; the
3 15 infliction of an injury in a manner that permanently disfigures
3 16 or disables the service dog, or that causes the service dog's
3 17 death; setting a trap or paying a bounty in order to inflict
3 18 the same type of injury or death; or by administering a poison,
3 19 noxious fumes, or noxious gas to the service dog. A person who
3 20 commits the offense is guilty of a class "D" felony. The same
3 21 exceptions that apply to interference with a service dog apply
3 22 to this offense.
3 23 BACKGROUND == CURRENT PROVISIONS. Code chapter 717B
3 24 prohibits the mistreatment of certain animals, including
3 25 domesticated animals other than livestock (governed under Code
3 26 chapter 717). The Code chapter includes three offenses that
3 27 cover the mistreatment of animals other than a police service
3 28 dog including animal abuse that is punishable as an aggravated
3 29 misdemeanor (Code section 717B.2); animal neglect that is
3 30 punishable as a simple misdemeanor or serious misdemeanor if
3 31 the mistreatment results in an animal's injury or death (Code
3 32 section 717B.3); and animal torture that is punishable as an
3 33 aggravated misdemeanor for the first conviction and as a class
3 34 "D" felony for a subsequent conviction (Code section 717B.3A).
3 35 In the case of animal torture, the person convicted must also
4 1 undergo a psychological evaluation and treatment according to
4 2 the terms of a court order.
4 3 BACKGROUND == CRIMINAL PENALTIES. The Code chapter's
4 4 current offenses, and the bill's two new offenses, provide
4 5 for punishments as follows: (1) a simple misdemeanor is
4 6 punishable by confinement for no more than 30 days or a fine of
4 7 at least $65 but not more than $625 or by both, (2) a serious
4 8 misdemeanor is punishable by confinement for no more than one
4 9 year and a fine of at least $315 but not more than $1,875, (3)
4 10 an aggravated misdemeanor is punishable by confinement for
4 11 no more than two years and a fine of at least $625 but not
4 12 more than $6,250, and (4) a class "D" felony is punishable by
4 13 confinement for no more than five years and a fine of at least
4 14 $750 but not more than $7,500.
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