Senate File 2279 - Introduced



                                       SENATE FILE       
                                       BY  MILLER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to trespass by hunters and making a penalty
  2    applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5838SS 81
  5 bp/je/5

PAG LIN



  1  1    Section 1.  Section 716.7, subsection 2, paragraph a, Code
  1  2 2005, is amended to read as follows:
  1  3    a.  Entering upon or in property without the express
  1  4 permission of the owner, lessee, or person in lawful
  1  5 possession with the intent to commit a public offense, to use,
  1  6 remove therefrom, alter, damage, harass, or place thereon or
  1  7 therein anything animate or inanimate, or to hunt, fish or
  1  8 trap on or in the property.  This paragraph does not prohibit
  1  9 the unarmed pursuit of game or furbearing animals lawfully
  1 10 injured or killed which come to rest on or escape to the
  1 11 property of another.
  1 12    Sec. 2.  Section 716.7, subsection 2, Code 2005, is amended
  1 13 by adding the following new paragraph:
  1 14    NEW PARAGRAPH.  aa.  Entering upon or in property without
  1 15 the express written permission of the owner, lessee, or person
  1 16 in lawful possession, which permission is signed, dated, and
  1 17 indicates a specific date for which the permission is valid,
  1 18 to hunt, fish, or trap upon or in the property.  This
  1 19 paragraph does not prohibit the unarmed pursuit of game or
  1 20 fur=bearing animals lawfully injured or killed which come to
  1 21 rest on or escape to the property of another.
  1 22                           EXPLANATION
  1 23    This bill amends the definition of "trespass" to require a
  1 24 hunter to obtain written permission from the owner of property
  1 25 in order to enter upon the owner's property or be guilty of
  1 26 trespass.  The written permission must be signed, dated, and
  1 27 indicate a specific date for which the permission is valid.  A
  1 28 person who knowingly trespasses upon the property of another
  1 29 commits a simple misdemeanor.  A person committing a trespass
  1 30 which results in injury to a person or damage in an amount
  1 31 more than $200 to anything, animate or inanimate, located on
  1 32 the property commits a serious misdemeanor.
  1 33 LSB 5838SS 81
  1 34 bp:rj/je/5