HF 649 (LSB 2749HV (1) 88)

HOUSE FILE 649

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 236)

A BILL FOR

An Act relating to an offense involving trespass to agricultural production facilities, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  717A.3B  Agricultural production facility trespass.
   1.  A person commits agricultural production facility trespass if the person does any of the following:
   a.  Uses deception as described in section 702.9, subsection 1 or 2, on a matter that would reasonably result in a denial of access to an agricultural production facility that is not open to the public, and, through such deception, gains access to the agricultural production facility, with the intent to cause physical or economic harm or other injury to the agricultural production facility’s operations, agricultural animals, crop, owner, personnel, equipment, building, premises, business interest, or customer.
   b.  Uses deception as described in section 702.9, subsection 1 or 2, on a matter that would reasonably result in a denial of an opportunity to be employed at an agricultural production facility that is not open to the public, and, through such deception, is so employed, with the intent to cause physical or economic harm or other injury to the agricultural production facility’s operations, agricultural animals, crop, owner, personnel, equipment, building, premises, business interest, or customer.
   2.  A person who commits agricultural production facility trespass is guilty of a serious misdemeanor for a first offense and an aggravated misdemeanor for a second or subsequent offense.
   3.  A person who conspires with another, as described in section 706.1, to commit agricultural production facility trespass is guilty of a serious misdemeanor for a first offense and an aggravated misdemeanor for a second or subsequent offense. For purposes of this subsection, a person commits conspiracy to commit agricultural production facility trespass, without regard to the limitation of criminal liability for conspiracy otherwise applicable under section 706.1, subsection 1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends Code chapter 717A, which provides that a person who disrupts agricultural production at an agricultural production facility (facility) is subject to criminal prosecution. A facility is a location where agricultural animals or crops are maintained, and includes related real or personal property. The bill creates the criminal offense of agricultural production facility trespass which involves the use of deception to obtain access to a facility, which is not open to the public, with the intent to cause physical or economic harm or other injury to the facility’s operations, property, or persons. The offense also involves obtaining employment with the agricultural production facility by deception with the intent to cause physical or economic harm or other injury to the facility’s operations, property, or persons. 
   A person who commits agricultural production facility trespass is guilty of a serious misdemeanor for a first offense and an aggravated misdemeanor for a second or subsequent offense. The bill also expressly provides for the application of the conspiracy statute. A person convicted of conspiracy under the bill’s provisions is guilty of a misdemeanor of the same class as the underlying offense. 
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.