House File 2003 - Introduced HOUSE FILE 2003 BY WILLEMS A BILL FOR An Act relating to the commission of trespass while taking the 1 shed antlers of a deer and providing for civil and criminal 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5228HH (2) 84 av/sc

H.F. 2003 Section 1. Section 481A.130, subsection 1, paragraph g, 1 unnumbered paragraph 1, Code 2011, is amended to read as 2 follows: 3 For each antlered deer or the shed antlers of a deer , 4 reimbursement shall be based on the score of the antlered deer 5 or the shed antlers of the deer as measured by the Boone and 6 Crockett club’s scoring system for whitetail deer as follows: 7 Sec. 2. Section 481A.131, Code 2011, is amended to read as 8 follows: 9 481A.131 Judgment —— execution. 10 1. In each case of conviction of unlawfully taking, 11 catching, killing, injuring, destroying , or having in 12 possession any fish, game , or fur-bearing animal, or the shed 13 antlers of a deer, the court shall enter a judgment in favor 14 of the state of Iowa for liquidated damages in an amount as 15 provided in section 481A.130 , and it shall be the duty of the 16 commission and the prosecuting attorney or attorney general, to 17 collect the liquidated damages by execution or otherwise. 18 2. If two or more persons who have acted together are 19 convicted of the unlawful taking, catching, killing, injuring, 20 destroying , or having possession of any fish, game , or 21 fur-bearing animal, or the shed antlers of a deer, the judgment 22 shall be entered against them jointly. 23 3. Any liquidated damages received under this section 24 and section 481A.130 shall be remitted to the treasurer of 25 state who shall credit such damages to the state fish and game 26 protection fund. 27 4. The return of any uninjured fish, game , or fur-bearing 28 animal animals, or the shed antlers of a deer, which has have 29 been unlawfully taken, caught, or possessed, to the place 30 where taken or caught or to any other place approved by the 31 commission, shall constitute the discharge of any liquidated 32 damages provided under section 481A.130 . 33 5. Civil suits for the collection of judgments may be 34 prosecuted by the attorney general or by county attorneys. 35 -1- LSB 5228HH (2) 84 av/sc 1/ 3

H.F. 2003 Sec. 3. Section 716.7, subsection 2, paragraph a, Code 1 Supplement 2011, is amended to read as follows: 2 a. Entering upon or in property without the express 3 permission of the owner, lessee, or person in lawful possession 4 with the intent to commit a public offense, to use, remove 5 therefrom, alter, damage, harass, or place thereon or therein 6 anything animate or inanimate, or to hunt, fish , or trap on 7 or in the property, including the act of taking or attempting 8 to take the shed antlers of a deer, or a deer, other than a 9 farm deer as defined in section 170.1 or preserve whitetail as 10 defined in section 484C.1 , which is on or in the property by a 11 person who is outside the property. This paragraph does not 12 prohibit the unarmed pursuit of game or fur-bearing animals by 13 a person who lawfully injured or killed the game or fur-bearing 14 animal which comes to rest on or escapes to the property of 15 another. 16 Sec. 4. Section 716.8, subsection 5, Code Supplement 2011, 17 is amended to read as follows: 18 5. A person who commits a trespass while hunting deer or 19 taking the shed antlers of a deer , other than a farm deer as 20 defined in section 170.1 or preserve whitetail as defined in 21 section 484C.1 , commits a simple misdemeanor. The person shall 22 also be subject to civil penalties as provided in sections 23 481A.130 and 481A.131 . A deer or the shed antlers of a deer 24 taken by a person while committing such a trespass shall be 25 subject to seizure as provided in section 481A.12 . 26 EXPLANATION 27 This bill relates to the commission of trespass while taking 28 the shed antlers of a deer. 29 The bill provides that a person commits trespass when 30 entering on the property of another without the permission of 31 the person in lawful possession of that property, with the 32 intent to take or attempt to take the shed antlers of a deer. 33 Commission of trespass for this purpose is punishable as a 34 simple misdemeanor. A simple misdemeanor is punishable by 35 -2- LSB 5228HH (2) 84 av/sc 2/ 3

H.F. 2003 confinement for no more than 30 days or a fine of at least $65 1 but not more than $625 or by both. 2 A person who commits trespass for the purpose of taking the 3 shed antlers of a deer is also subject to a civil judgment for 4 liquidated damages based on the size and value of the shed 5 antlers taken as measured by the Boone and Crockett club’s 6 scoring system for whitetail deer. The judgment may also 7 include a community service requirement. The return of shed 8 antlers that were wrongfully taken to the place where taken or 9 to any other place approved by the commission constitutes a 10 discharge of any liquidated damages. Any liquidated damages 11 received under this provision must be credited by the treasurer 12 of state to the state fish and game protection fund. 13 -3- LSB 5228HH (2) 84 av/sc 3/ 3