House
File
655
-
Enrolled
House
File
655
AN
ACT
PROHIBITING
INTERFERENCE
WITH
THE
TRANSPORTATION
OF
AN
AGRICULTURAL
ANIMAL,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
716.13
Interference
with
transportation
of
agricultural
animals.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Agricultural
animal”
means
an
animal
belonging
to
the
bovine,
caprine,
equine,
ovine,
or
porcine
species;
farm
deer
as
defined
in
section
170.1;
ostriches,
rheas,
and
emus;
turkeys,
chickens,
domestic
geese
or
ducks,
or
other
domestic
fowl;
fish
or
other
aquatic
organisms
confined
in
private
waters
for
human
consumption;
or
honey
bees.
b.
(1)
“Convicted”
means
the
entry
of
a
judgment
of
conviction
under
chapter
901
or
adjudicated
delinquent
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
another
state
under
chapter
232.
House
File
655,
p.
2
(2)
“Convicted”
does
not
mean
a
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
judgment
which
has
been
reversed
or
otherwise
set
aside.
c.
“Motor
vehicle”
means
any
self-propelled
vehicle
subject
to
registration
under
chapter
321,
and
includes
an
item
attached
to
the
vehicle.
2.
A
person
commits
interference
with
the
transportation
of
an
agricultural
animal
if
the
person
knowingly
does
any
of
the
following:
a.
Stops,
hinders,
impedes,
boards,
obstructs,
or
otherwise
interferes
with
a
motor
vehicle
transporting
an
agricultural
animal,
regardless
of
whether
the
motor
vehicle
is
moving.
b.
Provokes,
disturbs,
or
otherwise
interacts
with
an
agricultural
animal
when
the
agricultural
animal
is
confined
in
a
motor
vehicle,
regardless
of
whether
the
motor
vehicle
is
moving.
3.
In
a
prosecution
alleging
that
a
defendant
committed
interference
with
the
transportation
of
an
agricultural
animal
under
subsection
2,
the
defendant
may
assert
an
affirmative
defense
of
consent.
The
defendant
must
prove
by
a
preponderance
of
the
evidence
that
the
defendant
was
acting
with
the
consent
of
any
of
the
following:
a.
A
person
having
real
or
apparent
authority
to
transport
the
agricultural
animal.
This
requirement
is
met
if
the
person
is
a
shipper
or
transporter
acting
in
compliance
with
chapter
172B.
b.
The
owner
of
the
agricultural
animal
or
any
other
person
having
real
or
apparent
authority
to
possess
or
control
the
agricultural
animal.
4.
a.
A
person
who
commits
interference
with
the
transportation
of
an
agricultural
animal,
as
provided
in
subsection
2,
paragraph
“a”
,
is
guilty
of
an
aggravated
misdemeanor.
b.
A
person
who
commits
interference
with
the
transportation
of
an
agricultural
animal,
as
provided
in
subsection
2,
paragraph
“b”
,
is
guilty
of
an
aggravated
misdemeanor.
5.
Notwithstanding
subsection
4,
a
person
who
commits
interference
with
the
transportation
of
an
agricultural
animal
under
subsection
2,
paragraph
“a”
or
“b”
,
is
guilty
of
a
House
File
655,
p.
3
class
“D”
felony
if
the
person
has
previously
been
convicted
of
committing
interference
with
the
transportation
of
an
agricultural
animal
under
either
of
those
paragraphs.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
655,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor