Senate File 48 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES AND ENVIRONMENT

                                       (SUCCESSOR TO SF 3)


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

                                      A BILL FOR

  1 An Act concerning the limitation of actions for prosecution of
  2    violations under certain statutes administered by the natural
  3    resource commission.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1050SV 82
  6 av/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  481A.32A  LIMITATION OF CRIMINAL
  1  2 ACTIONS.
  1  3    1.  Notwithstanding section 802.4 or any other provision of
  1  4 law to the contrary, prosecution for a violation of this
  1  5 chapter or chapter 481B, 482, 483A, 484A, 484B, or 484C, which
  1  6 is a simple misdemeanor, shall be commenced within three years
  1  7 after its commission.
  1  8    2.  When a person leaves the state after committing a
  1  9 violation as set forth in subsection 1, prosecution for the
  1 10 violation may be commenced within three years after the person
  1 11 returns to the state, and no period during which the party
  1 12 charged was not publicly resident within the state shall
  1 13 constitute part of the three=year limitation period.
  1 14                           EXPLANATION
  1 15    This bill provides that prosecution for simple misdemeanor
  1 16 violations of Code chapters 481A (wildlife conservation), 482
  1 17 (commercial fishing), 483A (fishing and hunting licenses,
  1 18 contraband, and guns), 484A (migratory game birds), 484B
  1 19 (hunting preserves), or 484C (preserve whitetail), which are
  1 20 administered by the natural resource commission, shall be
  1 21 commenced within three years after commission of the
  1 22 violation.
  1 23    The bill provides that if a person leaves the state after
  1 24 committing such a violation, prosecution for the violation may
  1 25 be commenced within three years after the person returns to
  1 26 the state, and the period during which the person charged was
  1 27 not publicly resident within the state does not count as part
  1 28 of the three=year limitation period.
  1 29    Currently, a prosecution  for such a violation that is a
  1 30 misdemeanor must be commenced within one year after commission
  1 31 of the violation.
  1 32 LSB 1050SV 82
  1 33 av:nh/je/5