House File 199 - Introduced



                                       HOUSE FILE       
                                       BY  FALLON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the penalty for unlawfully buying or selling a
  2    wild animal or part of a wild animal.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1011YH 81
  5 av/pj/5

PAG LIN



  1  1    Section 1.  Section 481A.136, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  3.  Notwithstanding subsection 2, if a
  1  4 person buys or sells a wild animal or part of a wild animal
  1  5 without knowledge that the wild animal or part of the wild
  1  6 animal is taken, transported, or possessed in violation of the
  1  7 laws of this state, or a rule adopted by the department, and
  1  8 the person has not previously violated subsection 1 as
  1  9 determined by the department, the department shall notify the
  1 10 person that a violation of subsection 1 has occurred and may
  1 11 require that person to reimburse the state for the value of
  1 12 the animal involved pursuant to section 481A.130 in lieu of
  1 13 charging that person with a criminal offense.  If the person
  1 14 commits a further violation of subsection 1 within one year
  1 15 after receiving such notification, the person shall also be
  1 16 charged with a crime pursuant to subsection 2 for the initial
  1 17 violation as well as any subsequent violations.  Multiple
  1 18 violations of subsection 1 that occur contemporaneously shall
  1 19 be treated as one violation for the purposes of this
  1 20 subsection.
  1 21                           EXPLANATION
  1 22    This bill provides that if a person buys or sells a wild
  1 23 animal or part of a wild animal without knowledge that the
  1 24 wild animal is taken, transported, or possessed in violation
  1 25 of law, and the department determines that the person has not
  1 26 previously violated this provision, the department shall
  1 27 notify that person that a violation has occurred and may
  1 28 require the person to reimburse the state for the value of the
  1 29 animal involved pursuant to Code section 481A.130 in lieu of
  1 30 charging the person with a serious misdemeanor.  If the person
  1 31 commits a further such violation within one year after
  1 32 receiving such notification, the person shall also be charged
  1 33 with a crime for the initial violation as well as any
  1 34 subsequent violations.  Multiple violations that occur
  1 35 contemporaneously are treated as one violation for the
  2  1 purposes of this subsection.
  2  2    A serious misdemeanor is punishable by confinement for no
  2  3 more than one year and a fine of at least $250 but not more
  2  4 than $1,500.
  2  5 LSB 1011YH 81
  2  6 av/pj/5