Bill Text: IA SF22 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act providing for the criminal offense of service dog abuse, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-15 - Subcommittee, Sodders, Garrett, and Taylor. S.J. 94. [SF22 Detail]
Download: Iowa-2015-SF22-Introduced.html
Senate File 22 - Introduced SENATE FILE BY RAGAN A BILL FOR 1 An Act providing for the criminal offense of service dog abuse, 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1084XS (4) 86 da/nh PAG LIN 1 1 Section 1. Section 717B.1, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 8A. "Service dog" means a dog classified 1 4 as a service animal that performs tasks for the benefit of its 1 5 handler who is disabled pursuant to 42 U.S.C. {12131 et seq., 1 6 and federal regulations in 28 C.F.R. {35.104 and 28 C.F.R. 1 7 {35.136. 1 8 Sec. 2. NEW SECTION. 717B.10 Service dog abuse. 1 9 1. A person commits the offense of service dog abuse if the 1 10 person owns or possesses a dog which attacks a service dog, 1 11 unless any of the following circumstances exist: 1 12 a. The attacking dog is owned or possessed by the owner or 1 13 handler of the service dog at the time of the attack. 1 14 b. The service dog was not under the control or direction of 1 15 its owner or handler at the time of the attack. 1 16 c. The service dog exhibited aggressive behavior immediately 1 17 prior to the attack. 1 18 2. a. Except as provided in paragraphs "b" and "c", a 1 19 person who commits service dog abuse is guilty of a simple 1 20 misdemeanor. 1 21 b. The person is guilty of a serious misdemeanor when any of 1 22 the following applies: 1 23 (1) The service dog was attacked in a manner that caused 1 24 death, permanent disfigurement, or permanent disability of the 1 25 service dog. 1 26 (2) The person has been convicted three or more times in 1 27 the previous ten years of committing an offense under section 1 28 717B.2, 717B.3, 717B.3A, or 717B.9, or this section. 1 29 c. The person is guilty of an aggravated misdemeanor 1 30 when the attack was directly caused by the person's willful, 1 31 malicious, or reckless act. 1 32 3. In addition to a penalty imposed under subsection 2, 1 33 the court shall order a defendant convicted of or receiving a 1 34 deferred judgment for service dog abuse to make restitution 1 35 for pecuniary damages pursuant to chapter 910. The amount of 2 1 pecuniary damages ordered to be paid to the victim by a court 2 2 shall be limited to expenses for veterinary care, the temporary 2 3 or permanent replacement of the service dog, and other 2 4 reasonable expenses incurred as a direct result of the attack. 2 5 EXPLANATION 2 6 The inclusion of this explanation does not constitute agreement with 2 7 the explanation's substance by the members of the general assembly. 2 8 GENERAL. This bill amends Code chapter 717B, which provides 2 9 for offenses relating to the mistreatment of animals defined 2 10 not to include livestock or game (Code section 717B.1). A 2 11 person who intentionally injures, maims, disfigures, or 2 12 destroys an animal owned by another person commits animal 2 13 abuse and is guilty of an aggravated misdemeanor (Code section 2 14 717B.2). 2 15 SERVICE DOG ABUSE ==== NEW CRIMINAL OFFENSE. The bill creates 2 16 a new criminal offense referred to as service dog abuse. A 2 17 person commits this offense when such person owns or possesses 2 18 another dog which attacks a service dog. A service dog is 2 19 defined as a dog classified as a service animal as provided 2 20 in regulations adopted by the United States department of 2 21 justice pursuant to the federal Americans with Disabilities 2 22 Act. Under federal law, the dog must be individually 2 23 trained to do work or perform tasks for the benefit of an 2 24 individual with a disability, including a physical, sensory, 2 25 psychiatric, intellectual, or other mental disability. The 2 26 bill specifically excludes certain circumstances including when 2 27 the two dogs are owned by the same person, or a service dog was 2 28 either not under the control of its owner or handler or behaved 2 29 aggressively. 2 30 SERVICE DOG ABUSE ==== PENALTIES AND RESTITUTION. Generally, 2 31 a person convicted of service dog abuse is guilty of a simple 2 32 misdemeanor. However, a person owning or possessing the 2 33 attacking dog is guilty of a serious misdemeanor if the service 2 34 dog was critically injured or killed, or the person has been 2 35 convicted three or more times in the previous 10 years of an 3 1 offense under the Code chapter. A person owning or possessing 3 2 the attacking dog is guilty of an aggravated misdemeanor if the 3 3 attack was directly caused by the person's willful, malicious, 3 4 or reckless act. The person must also pay restitution to the 3 5 victim for certain expenses incurred by the attack, including 3 6 for veterinary care or for the replacement of the service dog 3 7 (see Code chapter 910). 3 8 CRIMINAL PENALTIES. A simple misdemeanor is punishable by 3 9 confinement for no more than 30 days or a fine of at least 3 10 $65 but not more than $625 or by both. A serious misdemeanor 3 11 is punishable by confinement for no more than one year and a 3 12 fine of at least $315 but not more than $1,875. An aggravated 3 13 misdemeanor is punishable by confinement for no more than two 3 14 years and a fine of at least $625 but not more than $6,250. LSB 1084XS (4) 86 da/nh
