House File 2228 - Introduced HOUSE FILE BY McCARTHY, BAUDLER, and J.R. VAN FOSSEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the criminal offense of criminal trespass, and 2 providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6080HH 81 5 jm/je/5 PAG LIN 1 1 Section 1. Section 716.8, Code 2005, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5. Any person upon a third or subsequent 1 4 conviction of subsection 1 commits a serious misdemeanor. 1 5 Convictions or the equivalent of deferred judgments for 1 6 violations in any other states under statutes substantially 1 7 corresponding to this section shall be counted as previous 1 8 convictions. The courts shall judicially notice the statutes 1 9 of other states which define offenses substantially equivalent 1 10 to the offense defined in section 716.7 and subsection 1 and 1 11 can therefore be considered corresponding statutes. Each 1 12 previous violation on which conviction or deferral of judgment 1 13 was entered prior to the date of the violation charged shall 1 14 be considered and counted as a separate previous conviction. 1 15 EXPLANATION 1 16 This bill relates to the criminal offense of criminal 1 17 trespass. 1 18 The bill makes a third or subsequent conviction for 1 19 knowingly trespassing on the property of another a serious 1 20 misdemeanor. Current law provides that knowingly trespassing 1 21 on the property of another is a simple misdemeanor. 1 22 "Trespass" is defined in Code section 716.7. 1 23 A simple misdemeanor is punishable by confinement for no 1 24 more than 30 days or a fine of at least $50 but not more than 1 25 $500 or by both. A serious misdemeanor is punishable by 1 26 confinement for no more than one year and a fine of at least 1 27 $250 but not more than $1,500. 1 28 LSB 6080HH 81 1 29 jm:nh/je/5