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:
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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, 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.
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