HF 2431 (LSB 6159HV (3) 87)

HOUSE FILE 2431

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 655)

A BILL FOR

An Act relating to the assessment of an agricultural theft surcharge on criminal offenses involving the theft of crops, livestock, or honey bees, and making an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.8102, subsection 135A, Code 2018, is amended to read as follows:
   135A.  Assess the surcharges provided by sections 911.1, 911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
    Sec. 2.  Section 602.8108, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  The clerk of the district court shall remit all moneys collected from the agricultural theft surcharge as provided in section 911.5 to the state court administrator. The moneys are appropriated to the judicial branch for purposes of supporting judicial branch operations.
    Sec. 3.  Section 902.9, subsection 2, Code 2018, is amended to read as follows:
   2.  The surcharges required by sections 911.1, 911.2, 911.2A, and 911.3, and 911.5 shall be added to a fine imposed on a class “C” or class “D” felon, as provided by those sections, and are not a part of or subject to the maximums set in this section.
    Sec. 4.  NEW SECTION.  911.5  Agricultural theft surcharge.
   1.  In addition to any other surcharge, the court or clerk of the district court shall assess an agricultural theft surcharge equal to thirty-five percent of the fine or forfeiture imposed, if an adjudication of guilt or a deferred judgment has been entered for a criminal violation under section 714.2, subsection 1 or 2, for theft of any of the following:
   a.  A crop as defined in section 717A.1.
   b.  Livestock as defined in section 717.1.
   c.  (1)  A colony or package as defined in section 160.1A, or a hive where bees are kept as described in section 160.5, if the department of agriculture and land stewardship is authorized by that chapter to inspect the colony, package, or hive or to regulate the movement of the colony, package, or hive.
   (2)  A queen bee that is part of a colony or is being moved to be part of a colony as described in subparagraph (1).
   2.  The surcharge shall be remitted by the clerk of the district court as provided in section 602.8108, subsection 5A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill requires that a person convicted of a class “C” or class “D” felony for theft of a crop, livestock, or honey bees be assessed an agricultural theft surcharge equal to 35 percent of the fine or forfeiture imposed. The moneys are remitted to the state court administrator and appropriated to the judicial branch for purposes of supporting judicial branch operations.
   BACKGROUND —— PROPERTY SUBJECT TO THEFT. A crop is any plant maintained for its parts or products having commercial value, including a plant produced from an agricultural seed (Code section 199.1), or a plant which is a tree, shrub, vine, berry plant, greenhouse plant, or flower. Livestock is an animal belonging to the bovine, caprine, equine, ovine, or porcine species, or an ostrich, rhea, emus, farm deer, or poultry. Honey bees are kept as a colony and enclosed in a container (or hive with moveable frames) with combs where worker bees and a queen bee reside. A honey bee may also be kept in a package during shipment.
   DEGREES OF THEFT. Generally, the theft of property exceeding $10,000 in value is a class “C” felony (Code section 714.2(1)) and punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000 and the theft of property exceeding $1,000 but not exceeding $10,000 in value is a class “D” felony and punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500 (Code section 902.9(9)(1)).