House File 453 - Introduced HOUSE FILE BY HORBACH 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, and 4 providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2599YH 81 7 av/pj/5 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, fishing, 1 6 or trapping, a person convicted of unlawfully selling, taking, 1 7 catching, killing, injuring, destroying, or having in 1 8 possession any animal, shall reimburse the state for the value 1 9 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, fishing, or trapping. The weighted scale 1 26 may be amended from time to time as experience dictates. 1 27 Sec. 3. Section 481A.135, subsections 2, 3, and 4, Code 1 28 2005, are amended to read as follows: 1 29 2. A person who pleads guilty or is convicted of a 1 30 violation of any provision of this chapter or chapter 481B, 1 31 482, 483A, 484A, or 484B, or trespass as defined in section 1 32 716.7 while hunting, fishing, or trapping, while the person's 1 33 license or licenses are suspended or revoked is guilty of a 1 34 simple misdemeanor if the person has no other violations 1 35 within the previous three years which occurred while the 2 1 person's license or licenses have been suspended or revoked. 2 2 3. A person who pleads guilty or is convicted of a 2 3 violation of any provision of this chapter or chapter 481B, 2 4 482, 483A, 484A, or 484B, or trespass as defined in section 2 5 716.7 while hunting, fishing, or trapping, while the person's 2 6 license or licenses are suspended or revoked is guilty of a 2 7 serious misdemeanor if the person has one other violation 2 8 within the previous three years which occurred while the 2 9 person's license or licenses have been suspended or revoked. 2 10 4. A person who pleads guilty or is convicted of a 2 11 violation of any provision of this chapter or chapter 481B, 2 12 482, 483A, 484A, or 484B, or trespass as defined in section 2 13 716.7 while hunting, fishing, or trapping, while the person's 2 14 license or licenses are suspended or revoked is guilty of an 2 15 aggravated misdemeanor when the person has had two or more 2 16 convictions within the previous three years which occurred 2 17 while the person's license or licenses have been suspended or 2 18 revoked. 2 19 Sec. 4. Section 716.7, subsection 2, paragraph a, Code 2 20 2005, is amended to read as follows: 2 21 a. Entering upon or in property without the express 2 22 permission of the owner, lessee, or person in lawful 2 23 possession with the intent to commit a public offense, to use, 2 24 remove therefrom, alter, damage, harass, or place thereon or 2 25 therein anything animate or inanimate, or to hunt, fish or 2 26 trap on or in the property, including the act of taking or 2 27 attempting to take a wild animal as defined in section 481A.1 2 28 which is on or in the property by a person who is outside the 2 29 property. This paragraph does not prohibit the unarmed 2 30 pursuit of game orfurbearingfur=bearing animals by a person 2 31 who lawfully injured or killed the game or fur=bearing animal 2 32 whichcomecomes to rest on orescapeescapes to the property 2 33 of another. 2 34 Sec. 5. Section 716.8, subsection 1, Code 2005, is amended 2 35 to read as follows: 3 1 1. Any person whoknowinglytrespasses upon the property 3 2 of another commits a simple misdemeanor. 3 3 Sec. 6. Section 716.8, Code 2005, is amended by adding the 3 4 following new subsection: 3 5 NEW SUBSECTION. 5. A person who commits a trespass as 3 6 defined in section 716.7, subsection 2, paragraph "a", and 3 7 takes a wild animal, as defined in section 481A.1, shall also 3 8 be subject to civil penalties as provided in sections 481A.130 3 9 and 481A.131. An animal taken by a person while committing 3 10 such a trespass shall be subject to seizure as provided in 3 11 section 481A.12. 3 12 EXPLANATION 3 13 This bill authorizes the department of natural resources to 3 14 consider trespass violations committed while a person is 3 15 hunting, fishing, or trapping when determining civil penalties 3 16 pursuant to Code section 481A.130. The bill also allows the 3 17 department to include trespass violations in the point system 3 18 used pursuant to Code section 481A.134 to determine when 3 19 licenses for such activities should be suspended or revoked 3 20 and in determining penalties pursuant to Code section 481A.135 3 21 for repeat offenders of hunting, fishing, and trapping laws 3 22 who commit additional violations while the person's license or 3 23 licenses are suspended or revoked. A person who is convicted 3 24 of a 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 wild animal, as defined in Code section 481A.1, 4 12 which is on or in the property of another by a person who is 4 13 outside the property. The bill also provides that the unarmed 4 14 pursuit of game or furbearing animals which come to rest on or 4 15 escape to the property of another by a person who lawfully 4 16 injured or killed the animal does not constitute trespass. 4 17 The bill provides that a person who trespasses upon the 4 18 property of another, whether knowingly or not, commits a 4 19 simple misdemeanor. A simple misdemeanor is punishable by 4 20 confinement for no more than 30 days or a fine of at least $50 4 21 but not more than $500 or by both. 4 22 The bill also provides that a person who commits trespass 4 23 as provided in the bill and takes a wild animal shall be 4 24 subject to civil penalties under Code sections 481A.130 and 4 25 481A.131 and the wild animal taken shall be subject to seizure 4 26 as provided in Code section 481A.12. 4 27 LSB 2599YH 81 4 28 av:nh/pj/5