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 or furbearing fur=bearing animals by a person
  2 31 who lawfully injured or killed the game or fur=bearing animal
  2 32 which come comes to rest on or escape escapes 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 who knowingly trespasses 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