Text: HSB569            Text: HSB571


House Study Bill 570

HOUSE FILE BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR 1 An Act relating to horses and dogs engaged in police service 2 by providing for acts involving injury or interference, and 3 providing for penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5647HC (3) 84 da/nh PAG LIN 1 1 Section 1. NEW SECTION. 717.9 Injury or interference with 1 2 a police service horse. 1 3 1. A person who knowingly, and willfully or maliciously 1 4 torments, strikes, administers a nonpoisonous desensitizing 1 5 substance to, or otherwise interferes with a police service 1 6 horse, without inflicting serious injury on the police service 1 7 horse, commits a serious misdemeanor. 1 8 2. A person who knowingly, and willfully or maliciously does 1 9 any of the following commits a class "D" felony: 1 10 a. Tortures a police service horse. 1 11 b. Injures, so as to disfigure or disable, a police service 1 12 horse. 1 13 c. Sets a booby trap device for purposes of injuring, so as 1 14 to disfigure or disable, or killing a police service horse. 1 15 d. Pays or agrees to pay a bounty for purposes of injury, so 1 16 as to disfigure or disable, or kill a police service horse. 1 17 e. Kills a police service horse. 1 18 f. Administers poison to a police service horse. 1 19 3. As used in this section, "police service horse" means a 1 20 horse used by a peace officer or correctional officer in the 1 21 performance of the officer's duties, whether or not the horse 1 22 is on duty. 1 23 4. This section does not apply to any of the following: 1 24 a. A peace officer or veterinarian who treats a police 1 25 service horse, if the treatment is for the purpose of 1 26 rehabilitating the police service horse or relieving the police 1 27 service horse of undue pain or suffering, and which may include 1 28 terminating the horse's life. 1 29 b. A person who justifiably acts in defense of self or 1 30 another person. 1 31 Sec. 2. Section 717B.9, subsection 4, Code 2011, is amended 1 32 by striking the subsection and inserting in lieu thereof the 1 33 following: 1 34 4. This section does not apply to any of the following: 1 35 a. A peace officer or veterinarian who treats a police 2 1 service dog, if the treatment is for the purpose of 2 2 rehabilitating the police service dog or relieving the police 2 3 service dog of undue pain or suffering, and which may include 2 4 terminating the dog's life. 2 5 b. A person who justifiably acts in defense of self or 2 6 another person. 2 7 EXPLANATION 2 8 This bill creates criminal offenses for acts performed 2 9 against a police service horse which result in an injury to the 2 10 horse or some form of interference with its official duties. 2 11 If enacted, the bill's provisions could be codified in Code 2 12 chapter 717 which in part prohibits the abuse of livestock, 2 13 including equine. The bill's provisions defining offenses and 2 14 penalties closely resemble provisions currently in the Code 2 15 chapter applicable to animals other than livestock and which 2 16 specifically prohibits injuring or interfering with a police 2 17 service dog (Code section 717B.9). 2 18 Under the bill, a person commits a serious misdemeanor by 2 19 knowingly, and willfully or maliciously abusing or otherwise 2 20 interfering with a police service horse, without inflicting 2 21 serious injury. A serious misdemeanor is punishable by 2 22 confinement for no more than one year and a fine of at least 2 23 $315 but not more than $1,875. 2 24 Under the bill, a person commits a class "D" felony by 2 25 knowingly, and willfully or maliciously torturing, or injuring 2 26 a police service horse in a manner that causes disfigurement or 2 27 disability; setting a booby trap device for purposes of causing 2 28 such injury or death; paying or agreeing to pay a bounty for 2 29 purposes of causing such injury or death; killing a police 2 30 service horse; or administering poison to a police service 2 31 horse. A class "D" felony is punishable by confinement for no 2 32 more than five years and a fine of at least $750 but not more 2 33 than $7,500. 2 34 The bill's definition of a police service horse mirrors the 2 35 definition of a police service dog. Under the bill, a police 3 1 service horse must be used by a peace officer or correctional 3 2 officer in the performance of the officer's duties, whether or 3 3 not the animal is on duty. 3 4 The bill creates two exceptions, first for a peace officer 3 5 or veterinarian who treats a police service horse to provide 3 6 for either rehabilitation or termination, and second for a 3 7 person who justifiably acts in self=defense or in the defense 3 8 of another person. The bill also amends the current provision 3 9 relating to police service dogs to correspond to the treatment 3 10 exception applicable to police service horses under the bill. LSB 5647HC (3) 84 da/nh
Text: HSB569            Text: HSB571