House File 589 S-3377 Amend House File 589, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 717A.1, Code 2011, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION . 2A. “Agricultural production 7 facility” means an animal facility as defined in 8 subsection 4, paragraph “a” , or a crop operation 9 property. 10 Sec. 2. NEW SECTION . 717A.3A Agricultural 11 production facility fraud. 12 1. A person is guilty of agricultural production 13 facility fraud if the person willfully does any of the 14 following: 15 a. Obtains access to an agricultural production 16 facility by false pretenses. 17 b. Makes a false statement or representation as 18 part of an application or agreement to be employed 19 at an agricultural production facility, if the 20 person knows the statement to be false, and makes 21 the statement with an intent to commit an act not 22 authorized by the owner of the agricultural production 23 facility, knowing that the act is not authorized. 24 2. A person who commits agricultural production 25 facility fraud under subsection 1 is guilty of the 26 following: 27 a. For the first conviction, a serious misdemeanor. 28 b. For a second or subsequent conviction, an 29 aggravated misdemeanor. 30 3. a. A person who conspires to commit 31 agricultural production facility fraud under subsection 32 1 is subject to the provisions of chapter 706. A 33 person who aids and abets in the commission of 34 agricultural production facility fraud under subsection 35 1 is subject to the provisions of chapter 703. When 36 two or more persons, acting in concert, knowingly 37 participate in committing agricultural production 38 facility fraud under subsection 1, each person is 39 responsible for the acts of the other person as 40 provided in section 703.2. A person who has knowledge 41 that agricultural production facility fraud under 42 subsection 1 has been committed and that a certain 43 person committed it, and who does not stand in the 44 relation of husband or wife to the person committing 45 the agricultural production facility fraud under 46 subsection 1, and who harbors, aids, or conceals 47 the person committing the agricultural production 48 facility fraud under subsection 1, with the intent to 49 prevent the apprehension of the person committing the 50 -1- HF589.3433 (1) 84 da/rj 1/ 2 #1.

agricultural production facility fraud under subsection 1 1, is subject to section 703.3. 2 b. A trial information or an indictment relating to 3 agricultural production facility fraud under subsection 4 1 need not contain allegations of vicarious liability 5 as provided in chapter 703. > 6 2. Title page, line 1, by striking < offenses > and 7 inserting < an offense > 8 3. Title page, line 2, by striking < and remedies > 9 ______________________________ THOMAS RIELLY ______________________________ TIM KAPUCIAN -2- HF589.3433 (1) 84 da/rj 2/ 2 #2. #3.