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
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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.
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