House
File
2487
-
Reprinted
HOUSE
FILE
2487
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HSB
687)
(As
Amended
and
Passed
by
the
House
April
23,
2018
)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
an
agricultural
property
1
offense
surcharge
on
criminal
offenses
involving
crops,
2
livestock,
or
honeybees
and
making
an
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
602.8102,
subsection
135A,
Code
2018,
is
1
amended
to
read
as
follows:
2
135A.
Assess
the
surcharges
provided
by
sections
911.1
,
3
911.2
,
911.2A
,
911.2B
,
911.2C
,
911.3
,
and
911.4
,
and
911.5
.
4
Sec.
2.
Section
602.8108,
Code
2018,
is
amended
by
adding
5
the
following
new
subsection:
6
NEW
SUBSECTION
.
5A.
The
clerk
of
the
district
court
shall
7
remit
all
moneys
collected
from
the
agricultural
property
8
offense
surcharge
as
provided
in
section
911.5
to
the
state
9
court
administrator.
The
moneys
are
appropriated
to
the
10
judicial
branch
for
purposes
of
supporting
judicial
branch
11
operations.
12
Sec.
3.
Section
902.9,
subsection
2,
Code
2018,
is
amended
13
to
read
as
follows:
14
2.
The
surcharges
required
by
sections
911.1
,
911.2
,
15
911.2A
,
and
911.3
,
and
911.5
shall
be
added
to
a
fine
imposed
16
on
a
class
“C”
or
class
“D”
felon,
as
provided
by
those
17
sections,
and
are
not
a
part
of
or
subject
to
the
maximums
set
18
in
this
section
.
19
Sec.
4.
Section
903.1,
subsection
4,
Code
2018,
is
amended
20
to
read
as
follows:
21
4.
The
surcharges
required
by
sections
911.1
,
911.2
,
22
911.2A
,
911.3
,
and
911.4
,
and
911.5
shall
be
added
to
a
fine
23
imposed
on
a
misdemeanant
as
provided
in
those
sections,
24
and
are
not
a
part
of
or
subject
to
the
maximums
set
in
this
25
section
.
26
Sec.
5.
NEW
SECTION
.
911.5
Agricultural
property
offense
27
surcharge.
28
1.
In
addition
to
any
other
surcharge,
the
court
or
clerk
29
of
the
district
court
shall
assess
an
agricultural
property
30
offense
surcharge
equal
to
thirty-five
percent
of
the
fine
or
31
forfeiture
imposed
upon
a
conviction
for
committing
any
of
the
32
following:
33
a.
Theft
of
agricultural
property
under
section
714.2,
34
subsection
1,
2,
or
3.
35
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b.
Criminal
mischief
under
section
716.3,
716.4,
or
716.5,
1
by
damaging,
defacing,
altering,
or
destroying
agricultural
2
property.
3
2.
As
used
in
this
section,
agricultural
property
means
any
4
of
the
following:
5
a.
A
crop
as
defined
in
section
717A.1.
6
b.
Livestock
as
defined
in
section
717.1.
7
c.
(1)
A
colony
or
package
as
defined
in
section
160.1A,
8
or
a
hive
where
bees
are
kept
as
described
in
section
160.5,
9
if
the
department
of
agriculture
and
land
stewardship
is
10
authorized
by
that
chapter
to
inspect
the
colony,
package,
or
11
hive
or
to
regulate
the
movement
of
the
colony,
package,
or
12
hive.
13
(2)
A
queen
bee
that
is
part
of
a
colony
or
is
being
moved
14
to
be
part
of
a
colony
as
described
in
subparagraph
(1).
15
3.
The
surcharge
shall
be
remitted
by
the
clerk
of
the
16
district
court
as
provided
in
section
602.8108,
subsection
5A.
17
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