House File 2545 - Introduced
HOUSE FILE
BY COMMITTEE ON NATURAL
RESOURCES
(SUCCESSOR TO HF 453)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to trespassing, including the authority of the
2 department of natural resources to suspend or revoke hunting,
3 fishing, or trapping licenses for trespass violations while
4 deer hunting, and providing penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6537HV 81
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PAG LIN
1 1 Section 1. Section 481A.130, subsection 1, unnumbered
1 2 paragraph 1, Code 2005, is amended to read as follows:
1 3 In addition to the penalties for violations of this chapter
1 4 and chapters 350, 461A, 481B, and 482, or for committing
1 5 trespass as defined in section 716.7 while hunting deer, other
1 6 than farm deer as defined in section 170.1, a person convicted
1 7 of unlawfully selling, taking, catching, killing, injuring,
1 8 destroying, or having in possession any animal, shall
1 9 reimburse the state for the value of such as follows:
1 10 Sec. 2. Section 481A.134, Code 2005, is amended to read as
1 11 follows:
1 12 481A.134 AUTHORITY TO CANCEL, SUSPEND, OR REVOKE LICENSE
1 13 == POINT SYSTEM.
1 14 The department shall establish rules pursuant to chapter
1 15 17A providing for the suspension or revocation of licenses
1 16 issued by the department. The rules may include procedures
1 17 for summary cancellation of a license based on documentation
1 18 that the licensee failed to pay the applicable fee for the
1 19 license. For purposes of determining when to suspend or
1 20 revoke a license issued by the department under this section,
1 21 the department shall adopt a point system pursuant to chapter
1 22 17A for the purpose of weighing the seriousness of violations
1 23 of the provisions of this chapter or chapter 481B, 482, 483A,
1 24 484A, or 484B, or of committing trespass as defined in section
1 25 716.7 while hunting deer, other than farm deer as defined in
1 26 section 170.1. The weighted scale may be amended from time to
1 27 time as experience dictates.
1 28 Sec. 3. Section 481A.135, subsections 2, 3, and 4, Code
1 29 2005, are amended to read as follows:
1 30 2. A person who pleads guilty or is convicted of a
1 31 violation of any provision of this chapter or chapter 481B,
1 32 482, 483A, 484A, or 484B, or trespass as defined in section
1 33 716.7 while hunting deer, other than farm deer as defined in
1 34 section 170.1, while the person's license or licenses are
1 35 suspended or revoked is guilty of a simple misdemeanor if the
2 1 person has no other violations within the previous three years
2 2 which occurred while the person's license or licenses have
2 3 been suspended or revoked.
2 4 3. A person who pleads guilty or is convicted of a
2 5 violation of any provision of this chapter or chapter 481B,
2 6 482, 483A, 484A, or 484B, or trespass as defined in section
2 7 716.7 while hunting deer, other than farm deer as defined in
2 8 section 170.1, while the person's license or licenses are
2 9 suspended or revoked is guilty of a serious misdemeanor if the
2 10 person has one other violation within the previous three years
2 11 which occurred while the person's license or licenses have
2 12 been suspended or revoked.
2 13 4. A person who pleads guilty or is convicted of a
2 14 violation of any provision of this chapter or chapter 481B,
2 15 482, 483A, 484A, or 484B, or trespass as defined in section
2 16 716.7 while hunting deer, other than farm deer as defined in
2 17 section 170.1, while the person's license or licenses are
2 18 suspended or revoked is guilty of an aggravated misdemeanor
2 19 when the person has had two or more convictions within the
2 20 previous three years which occurred while the person's license
2 21 or licenses have been suspended or revoked.
2 22 Sec. 4. Section 716.7, subsection 2, paragraph a, Code
2 23 2005, is amended to read as follows:
2 24 a. Entering upon or in property without the express
2 25 permission of the owner, lessee, or person in lawful
2 26 possession with the intent to commit a public offense, to use,
2 27 remove therefrom, alter, damage, harass, or place thereon or
2 28 therein anything animate or inanimate, or to hunt, fish or
2 29 trap on or in the property, including the act of taking or
2 30 attempting to take a deer, other than a farm deer as defined
2 31 in section 170.1, which is on or in the property by a person
2 32 who is outside the property. This paragraph does not prohibit
2 33 the unarmed pursuit of game or furbearing fur=bearing animals
2 34 by a person who lawfully injured or killed the game or fur=
2 35 bearing animal which come comes to rest on or escape escapes
3 1 to the property of another.
3 2 Sec. 5. Section 716.8, Code 2005, is amended by adding the
3 3 following new subsection:
3 4 NEW SUBSECTION. 5. A person who commits a trespass as
3 5 defined in section 716.7, subsection 2, paragraph "a", and
3 6 takes a deer, other than a farm deer as defined in section
3 7 170.1, shall also be subject to civil penalties as provided in
3 8 sections 481A.130 and 481A.131. A deer taken by a person
3 9 while committing such a trespass shall be subject to seizure
3 10 as provided in section 481A.12.
3 11 EXPLANATION
3 12 This bill authorizes the department of natural resources to
3 13 consider trespass violations committed while a person is
3 14 hunting deer, other than a farm deer as defined in Code
3 15 section 170.1, when determining civil penalties pursuant to
3 16 Code section 481A.130. The bill also allows the department to
3 17 include trespass violations in the point system used pursuant
3 18 to Code section 481A.134 to determine when licenses for such
3 19 activities should be suspended or revoked and in determining
3 20 penalties pursuant to Code section 481A.135 for repeat
3 21 offenders of hunting, fishing, and trapping laws who commit
3 22 additional violations while the person's license or licenses
3 23 are suspended or revoked. A person who is convicted of a
3 24 repeat offense while the person's license is suspended or
3 25 revoked is guilty of one of the following misdemeanors:
3 26 1. A simple misdemeanor if the person has no other
3 27 violations within the previous three years which occurred
3 28 while the person's license or licenses were suspended or
3 29 revoked. A simple misdemeanor is punishable by confinement
3 30 for no more than 30 days or a fine of at least $50 but not
3 31 more than $500 or by both.
3 32 2. A serious misdemeanor if the person has one other
3 33 violation within the previous three years which occurred while
3 34 the person's license or licenses were suspended or revoked. A
3 35 serious misdemeanor is punishable by confinement for no more
4 1 than one year and a fine of at least $250 but not more than
4 2 $1,500.
4 3 3. An aggravated misdemeanor when the person has had two
4 4 or more convictions within the previous three years which
4 5 occurred while the person's license or licenses were suspended
4 6 or revoked. An aggravated misdemeanor is punishable by
4 7 confinement for no more than two years and a fine of at least
4 8 $500 but not more than $5,000.
4 9 The bill amends Code section 716.7 defining "trespass" to
4 10 provide that trespass includes the act of taking or attempting
4 11 to take a deer, other than a farm deer as defined in Code
4 12 section 170.1, which is on or in the property of another by a
4 13 person who is outside the property. The bill also provides
4 14 that the unarmed pursuit of game or furbearing animals which
4 15 come to rest on or escape to the property of another by a
4 16 person who lawfully injured or killed the animal does not
4 17 constitute trespass.
4 18 The bill also provides that a person who commits trespass
4 19 as provided in the bill and takes a deer shall be subject to
4 20 civil penalties under Code sections 481A.130 and 481A.131 and
4 21 the deer taken shall be subject to seizure as provided in Code
4 22 section 481A.12.
4 23 LSB 6537HV 81
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