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