House
File
69
-
Enrolled
House
File
69
AN
ACT
RELATING
TO
CRIMINAL
TRESPASS
AND
MODIFYING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
716.7,
subsection
2,
paragraph
a,
subparagraph
(2),
Code
2017,
is
amended
to
read
as
follows:
(2)
Entering
or
remaining
upon
or
in
property
without
justification
after
being
notified
or
requested
to
abstain
from
entering
or
to
remove
or
vacate
therefrom
by
the
owner,
lessee,
or
person
in
lawful
possession,
or
the
agent
or
employee
of
the
owner,
lessee,
or
person
in
lawful
possession,
or
by
any
peace
officer,
magistrate,
or
public
employee
whose
duty
it
is
to
supervise
the
use
or
maintenance
of
the
property.
A
person
has
received
notice
to
abstain
from
entering
or
remaining
upon
or
in
property
within
the
meaning
of
this
subparagraph
(2)
if
any
of
the
following
is
applicable:
(a)
The
person
has
been
notified
to
abstain
from
entering
or
remaining
upon
or
in
property
personally,
either
orally
or
in
writing,
including
by
a
valid
court
order
under
chapter
236.
House
File
69,
p.
2
(b)
A
printed
or
written
notice
forbidding
such
entry
has
been
conspicuously
posted
or
exhibited
at
the
main
entrance
to
the
property
or
the
forbidden
part
of
the
property.
Sec.
2.
Section
716.8,
subsections
1
and
5,
Code
2017,
are
amended
to
read
as
follows:
1.
Any
person
who
knowingly
trespasses
upon
the
property
of
another
commits
a
simple
misdemeanor
,
except
that
any
person
who
intentionally
trespasses
as
defined
in
section
716.7,
subsection
2
,
paragraph
“a”
,
subparagraph
(7),
commits
a
serious
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8C,
subsection
11
.
A
peace
officer
shall
consider
arresting
and
may
arrest
the
person
under
section
805.9,
subsection
3,
paragraph
“c”
,
if
the
person
refuses
to
leave
the
property
after
receiving
a
citation
or
immediately
returns
to
the
property
after
receiving
a
citation,
or
may
arrest
the
person
as
otherwise
provided
under
law.
5.
A
person
who
commits
a
trespass
while
hunting
deer,
other
than
a
farm
deer
as
defined
in
section
170.1
or
preserve
whitetail
as
defined
in
section
484C.1
,
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8C,
subsection
11
.
A
peace
officer
shall
consider
arresting
and
may
arrest
the
person
under
section
805.9,
subsection
3,
paragraph
“c”
,
if
the
person
refuses
to
leave
the
property
after
receiving
a
citation
or
immediately
returns
to
the
property
after
receiving
a
citation,
or
may
arrest
the
person
as
otherwise
provided
under
law.
The
person
shall
also
be
subject
to
civil
penalties
as
provided
in
sections
481A.130
and
481A.131
.
A
deer
taken
by
a
person
while
committing
such
a
trespass
shall
be
subject
to
seizure
as
provided
in
section
481A.12
.
Sec.
3.
Section
716.8,
Code
2017,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
Any
person
who
intentionally
trespasses
as
defined
in
section
716.7,
subsection
2,
paragraph
“a”
,
subparagraph
(7),
commits
a
serious
misdemeanor.
Sec.
4.
Section
805.8C,
Code
2017,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
11.
Trespassing
violations.
For
trespasses
punishable
under
section
716.8,
subsection
1
or
5,
the
House
File
69,
p.
3
scheduled
fine
is
two
hundred
dollars
for
a
first
violation,
five
hundred
dollars
for
a
second
violation,
and
one
thousand
dollars
for
a
third
or
subsequent
violation.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
69,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor