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