House File 2275 - Introduced HOUSE FILE 2275 BY PALMER A BILL FOR An Act expanding the definition of criminal mischief in the 1 third degree, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5986HH (3) 83 jm/nh

H.F. 2275 Section 1. Section 716.5, subsection 1, Code Supplement 1 2009, is amended by adding the following new paragraphs: 2 NEW PARAGRAPH . f. The person intentionally injures, 3 destroys, disturbs, or removes any marker placed on any tract 4 of land, street, or highway, designating any point, course, or 5 line on the boundary of the tract of land, street, or highway, 6 if the marker was placed at such location by a land surveyor 7 licensed under chapter 542B, or by any person directed by a 8 licensed land surveyor. A governmental entity and employees of 9 such an entity are exempt from prosecution under this paragraph 10 for projects performed pursuant to section 314.8. A licensed 11 land surveyor and persons under the direction of a licensed 12 land surveyor are also exempt from prosecution under this 13 paragraph for removing an existing marker in order to place an 14 upgraded or more suitable marker in the same location. 15 NEW PARAGRAPH . g. The person intentionally injures, 16 destroys, disturbs, or removes any monument that has been 17 established by the national geodetic survey, Iowa geodetic 18 survey, or any county geographic information system for use in 19 the determination of spatial location relative to the specified 20 Iowa state plane coordinate system or precise elevation datum. 21 A governmental entity and employees of such an entity are 22 exempt from prosecution under this paragraph for projects 23 performed pursuant to section 314.8. 24 EXPLANATION 25 This bill expands the definition of criminal mischief in the 26 third degree. 27 A person commits criminal mischief in the third degree 28 under the bill if the person intentionally injures, destroys, 29 disturbs, or removes any marker placed on any tract of land, 30 street, or highway, designating any point, course, or line on 31 the boundary of the tract of land, street, or highway, and the 32 marker was placed at such location by a licensed land surveyor, 33 or by any person directed by a licensed land surveyor. A 34 governmental entity and employees of such an entity are exempt 35 -1- LSB 5986HH (3) 83 jm/nh 1/ 2

H.F. 2275 from prosecution under the bill for projects performed pursuant 1 to Code section 314.8, relating to preservation of government 2 markers in the course of highway construction. A licensed land 3 surveyor and persons under the direction of the surveyor are 4 also exempt from prosecution under the bill for removing an 5 existing marker in order to place an upgraded or more suitable 6 marker in the same location. 7 A person also commits criminal mischief in the third degree 8 under the bill if the person intentionally injures, destroys, 9 disturbs, or removes any monument that has been established 10 by the national geodetic survey, Iowa geodetic survey, or 11 any county geographic information system for use in the 12 determination of spatial location relative to the specified 13 Iowa state plane coordinate system or precise elevation datum. 14 A governmental entity and employees of such an entity are 15 exempt from prosecution under the bill for projects performed 16 pursuant to Code section 314.8. 17 A person who violates the bill commits an aggravated 18 misdemeanor. An aggravated misdemeanor is punishable by 19 confinement for no more than two years and a fine of at least 20 $625 but not more than $6,250. 21 -2- LSB 5986HH (3) 83 jm/nh 2/ 2