SENATE FILE 341

BY  RIELLY

A BILL FOR

An Act relating to offenses involving agricultural operations, and providing penalties and remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 717A.1, subsection 3, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  “Animal” means a mammal, bird, fish, reptile, or amphibian, including an agricultural animal or any other animal that is maintained by an animal facility.
   Sec. 2.  Section 717A.1, subsection 4, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  A location where an agricultural animal is maintained for agricultural production purposes, including but not limited to a location dedicated to farming as defined in section 9H.1, a livestock market, or exhibition, or a vehicle used to transport the animal.
   b.  A location where an animal is maintained for educational or scientific purposes, including but not limited to a research facility as defined in section 162.2, an exhibition, or a vehicle used to transport the animal.
   Sec. 3.  Section 717A.1, subsection 7, Code 2011, is amended to read as follows:
   7.  “Crop operation” means a commercial enterprise where a crop is maintained on the property of the commercial enterprise location where a crop is maintained, including but not limited to a crop field, orchard, nursery, greenhouse, garden, elevator, seedhouse, barn, or warehouse.
   Sec. 4.  Section 717A.1, subsection 9, paragraph a, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   For an animal maintained at an animal facility or property belonging to kept at an animal facility, “deprive” means to do any of the following:
   Sec. 5.  Section 717A.1, subsection 9, paragraph b, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  Dispose of a crop maintained on at the crop operation or property or belonging to kept at the crop operation in a manner that makes recovery of the crop orcrop operation property by its owner unlikely.
   Sec. 6.  Section 717A.1, subsection 11, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  A person, including a public or private entity, who has a legal interest in an animal maintained at the animal facility or other property belonging to kept at an animal facility, or a person who is authorized by the holder of the legal interest to act on the holder’s behalf in maintaining the animal or keeping the other property.
   b.  A person, including a public or private entity, who has a legal interest in a crop maintained at the crop operation or crop operation other property kept at the crop operation, or a person who is authorized by the holder of the legal interest to act on the holder’s behalf in maintaining the crop or keeping the other property.
   Sec. 7.  Section 717A.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  “Record” means any printed, inscribed, visual, or audio information that is placed or stored on a tangible medium, and that may be accessed in a perceivable form, including but not limited to any paper or electronic format.
   Sec. 8.  Section 717A.2, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   717A.2  Animal facility tampering.
   1.  A person is guilty of animal facility tampering if the person acts without the consent of the owner of an animal facility to willfully do any of the following:
   a.  Damage, destroy, or alter property kept at the animal facility, including but not limited to land, fixtures, structures, equipment, machinery, vehicles, records, or computer software or data.
   b.  Kill or injure an animal maintained at the animal facility, including by an act of violence or the transmission of a disease including but not limited to any infectious or contagious disease designated by the department of agriculture and land stewardship pursuant to section 163.2.
   c.  Take by theft an animal maintained or other property kept at the animal facility.
   d.  Disrupt operations conducted at the animal facility, if the operations directly relate to agricultural production, animal maintenance, educational or scientific purposes, or veterinary care.
   2.  A person who commits the offense of animal facility tampering is guilty of the following:
   a.  Animal facility tampering in the first degree occurs when the result of the offense is damages incurred by the owner of the animal facility of more than one hundred thousand dollars. A person convicted of animal facility tampering in the first degree is guilty of a class “C” felony.
   b.  Animal facility tampering in the second degree occurs when the result of the offense is damages incurred by the owner of the animal facility of more than ten thousand dollars but not more than one hundred thousand dollars. A person convicted of animal facility tampering in the second degree is guilty of a class “D” felony.
   c.  Animal facility tampering in the third degree occurs when the result of the offense is damages incurred by the owner of the animal facility of more than one thousand dollars but not more than ten thousand dollars. A person convicted of animal facility tampering in the third degree is guilty of an aggravated misdemeanor.
   d.  Animal facility tampering in the fourth degree occurs when the result of the offense is the damages incurred by the owner of the animal facility of more than three hundred dollars but not more than one thousand dollars. A person convicted of animal facility tampering in the fourth degree is guilty of a serious misdemeanor.
   e.  Animal facility tampering in the fifth degree occurs when the result of the offense is damages incurred by the owner of the animal facility of three hundred dollars or less. A person convicted of animal facility tampering in the fifth degree is guilty of a simple misdemeanor.
   3.  A person who participates in a conspiracy to commit the offense of animal facility tampering, and who acts in furtherance of that commission, is guilty of the same offense as the person convicted of committing the offense on or in the animal facility.
   4.  A person convicted of animal facility tampering is subject to an order of restitution as provided in chapter 910.
   5.  In determining the value of damages incurred by an owner of an animal facility under this section, a court shall calculate the actual and consequential pecuniary losses resulting from the commission of the offense.
   Sec. 9.  NEW SECTION.  717A.2A  Animal facility interference.
   1.  A person is guilty of animal facility interference, if the person acts without the consent of the owner of an animal facility to willfully do any of the following:
   a.  Produce a record which reproduces an image or sound occurring at the animal facility as follows:
   (1)  The record must be created by the person while at the animal facility.
   (2)  The record must be a reproduction of a visual or audio experience occurring at the animal facility, including but not limited to a photographic or audio medium.
   b.  Possess or distribute a record which produces an image or sound occurring at the animal facility which was produced as provided in paragraph “a”.
   c.  Exercise control over the animal facility including an animal maintained at the animal facility or other property kept at the animal facility, with intent to deprive the animal facility of the animal or property.
   d.  Enter onto the animal facility, or remain at the animal facility, if the person has notice that the facility is not open to the public. A person has notice that an animal facility is not open to the public if the person is provided notice before entering onto the facility, or the person refuses to immediately leave the facility after being informed to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders or contain animals, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is forbidden.
   2.  A person who commits the offense of animal facility interference is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of animal facility interference is subject to an order of restitution as provided in chapter 910.
   Sec. 10.  NEW SECTION.  717A.2B  Animal facility fraud.
   1.  A person is guilty of animal facility fraud, if the person willfully does any of the following:
   a.  Obtains access to an animal facility by false pretenses for the purpose of committing an act not authorized by the owner of the animal facility.
   b.  Makes a false statement or representation as part of an application to be employed at the animal facility, if the person knows it to be false.
   2.  A person who commits the offense of animal facility fraud is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of animal facility fraud is subject to an order of restitution as provided in chapter 910.
   Sec. 11.  NEW SECTION.  717A.2C  Animal facilities —— civil actions.
   1.  A person suffering damages resulting from the commission of animal facility tampering as provided in section 717A.2 or animal facility interference as provided in section 717A.2A may bring an action in the district court against the person causing the damages to recover all of the following:
   a.  An amount equaling three times all actual and consequential damages.
   b.  Court costs and reasonable attorney fees.
   2.  In addition to awarding damages as provided in subsection 1, a court may grant any equitable relief that the court determines is appropriate. Nothing in this chapter shall prevent a party from petitioning a court for equitable relief.
   Sec. 12.  NEW SECTION.  717A.2D  Animal facilities —— exceptions.
   1.  Section 717A.2 or 717A.2A does not prohibit any conduct of a person holding a legal interest in an animal facility, an animal maintained at the animal facility, or other property kept at the animal facility which legal interest is superior to the legal interest held by a person incurring damages resulting from the conduct.
   2.  Section 717A.2 or 717A.2A does not apply to any of the following:
   a.  A governmental agency or officer who is taking lawful action involving an animal facility, an animal maintained at the animal facility, or other property kept at the animal facility.
   b.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169 and according to customary standards of care.
   Sec. 13.  Section 717A.3, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   717A.3  Crop operation tampering.
   1.  A person is guilty of crop operation tampering if the person acts without the consent of the owner of a crop operation to willfully do any of the following:
   a.  Damage, destroy, or alter property kept at the crop operation, including but not limited to land, fixtures, structures, equipment, machinery, vehicles, records, or computer software or data.
   b.  Destroy or injure a crop maintained at a crop operation, including by an act of violence or the transmission of a disease including but not limited to any disease or pests.
   c.  Take by theft a crop maintained or other personal property kept at the crop operation.
   d.  Disrupt operations conducted at the crop operation, if the operations directly relate to agricultural production, crop maintenance, educational or scientific purposes, or horticultural care.
   2.  A person who commits the offense of crop operation tampering is guilty of the following:
   a.  Crop operation tampering in the first degree occurs when the result of the offense is damages incurred by the owner of more than one hundred thousand dollars. A person convicted of crop operation tampering in the first degree is guilty of a class “C” felony.
   b.  Crop operation tampering in the second degree occurs when the result of the offense is damages incurred by the owner of the crop operation of more than ten thousand dollars but not more than one hundred thousand dollars. A person convicted of crop operation tampering in the second degree is guilty of a class “D” felony.
   c.  Crop operation tampering in the third degree occurs when the result of the offense is damages incurred by the owner of the crop operation of more than one thousand dollars but not more than ten thousand dollars. A person convicted of crop operation property tampering in the third degree is guilty of an aggravated misdemeanor.
   d.  Crop operation tampering in the fourth degree occurs when the result of the offense is damages incurred by the owner of the crop operation of more than three hundred dollars but not more than one thousand dollars. A person convicted of crop operation tampering in the fourth degree is guilty of a serious misdemeanor.
   e.  Crop operation tampering in the fifth degree occurs when the result of the offense is damages incurred by the owner of the crop operation of three hundred dollars or less. A person convicted of crop operation tampering in the fifth degree is guilty of a simple misdemeanor.
   3.  A person who participates in a conspiracy to commit the offense of crop operation tampering, and who acts in furtherance of that commission, is guilty of the same offense as the person convicted of committing the offense on or in the crop operation.
   4.  A person convicted of crop operation tampering is subject to an order of restitution as provided in chapter 910.
   5.  In determining the value of damages incurred under this section, a court shall calculate the actual and consequential pecuniary losses resulting from the commission of the offense.
   Sec. 14.  NEW SECTION.  717A.3A  Crop operation interference.
   1.  A person is guilty of crop operation interference, if the person acts without the consent of the owner of a crop operation to willfully do any of the following:
   a.  Produce a record which reproduces an image or sound occurring at the crop operation as follows:
   (1)  The record must be created by the person while at the crop operation.
   (2)  The record must be a reproduction of a visual or audio experience occurring at the crop operation, including but not limited to a photographic or audio medium.
   b.  Possess or distribute a record which produces an image or sound occurring at the crop operation which was produced as provided in paragraph “a”.
   c.  Exercise control over the crop operation, including a crop maintained at the crop operation or other property kept at the crop operation, with intent to deprive the crop operation of the crop or property.
   d.  Enter onto the crop operation, or remain on or in the crop operation, if the person has notice that the crop operation is not open to the public. A person has notice that a crop operation is not open to the public if the person is provided notice before entering onto the crop operation, or the person refuses to immediately leave the crop operation after being informed to leave. The notice may be in the form of a written or verbal communication by the owner, a fence or other enclosure designed to exclude intruders or contain crops, or a sign posted which is reasonably likely to come to the attention of an intruder and which indicates that entry is forbidden.
   2.  A person who commits the offense of crop operation interference is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of crop operation interference is subject to an order of restitution as provided in chapter 910.
   Sec. 15.  NEW SECTION.  717A.3B  Crop operation fraud.
   1.  A person is guilty of crop operation fraud, if the person willfully does any of the following:
   a.  Obtains access to a crop operation by false pretenses for the purpose of committing an act not authorized by the owner of the crop operation.
   b.  Makes a false statement or representation as part of an application to be employed at a crop operation, if the person knows it to be false.
   2.  A person who commits the offense of crop operation fraud is guilty of the following:
   a.  For the first conviction, the person is guilty of an aggravated misdemeanor.
   b.  For a second or subsequent conviction, the person is guilty of a class “D” felony.
   3.  A person convicted of crop operation fraud is subject to an order of restitution as provided in chapter 910.
   Sec. 16.  NEW SECTION.  717A.3C  Crop operations —— civil actions.
   1.  A person suffering damages resulting from the commission of crop operation tampering as provided in section 717A.3 or crop operation interference as provided in section 717A.3A may bring an action in the district court against the person causing the damage to recover all of the following:
   a.  An amount equaling three times all actual and consequential damages.
   b.  Court costs and reasonable attorney fees.
   2.  In addition to awarding damages as provided in subsection 1, a court may grant any equitable relief that the court determines is appropriate. Nothing in this chapter shall prevent a party from petitioning a court for equitable relief.
   Sec. 17.  NEW SECTION.  717A.3D  Crop operations —— exceptions.
   1.  Section 717A.3 or 717A.3A does not prohibit any conduct of a person holding a legal interest in a crop operation, a crop maintained at the crop operation, or other property kept at the crop operation which legal interest is superior to the legal interest held by a person incurring damages resulting from the conduct.
   2.  Section 717A.3 or 717A.3A does not apply to a governmental agency or officer who is taking lawful action involving a crop operation, a crop maintained at the crop operation, or other property kept at the crop operation.
EXPLANATION
   GENERAL. This bill amends Code chapter 717A, which prohibits a person from entering on or damaging property associated with a facility or operation where animals or crops are maintained. An animal facility includes a location where an animal is produced for agricultural or educational scientific purposes, or a location operated by a licensed veterinarian, or a commercial or nonprofit pet establishment. A crop operation includes a crop field, orchard, or other location where a crop is grown, harvested, or stored. The bill strikes and rewrites provisions specifying the offenses.
   TAMPERING. The bill prohibits a person from tampering with property associated with an animal facility or crop operation, including damaging property, killing or injuring an animal or crop, committing theft, or disrupting operations. The various degrees of the offense based on loss incurred by the owner of the property, and ranging from a class “C” felony for a loss of more than $100,000 to a simple misdemeanor for a loss of $300 or less. A person is guilty of the same offense for conspiracy in furtherance of the act. A person convicted of tampering is subject to an order of restitution (Code chapter 910).
   INTERFERENCE. The bill prohibits a person from interfering with an animal facility or crop operation. This includes producing an audio or visual record which reproduces an image or sound occurring on or in the location, or possessing or distributing the record. It also prohibits a person from exercising control over the location or property, with intent to deprive the owner of the property, or entering onto the location, if the person has notice that the location is not open to the public. The severity of the offense is based on whether there has been a previous conviction. For the first conviction, the person is guilty of an aggravated misdemeanor, and for a second or subsequent conviction, the person is guilty of a class “D” felony.
   FRAUD. The bill prohibits a person from committing fraud, by obtaining access to an animal facility or crop operation by false pretenses for the purpose of committing an act not authorized by the owner, or making a false statement as part of an application to be employed at the location. The severity of the offense is based on whether there has been a previous conviction. For the first conviction, the person is guilty of an aggravated misdemeanor, and for a second or subsequent conviction, the person is guilty of a class “D” felony. A person convicted of tampering is subject to an order of restitution (Code chapter 910).
   CONVICTION FOR OFFENSES —— PENALTIES. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   CIVIL PENALTIES. In addition to the criminal penalties, a person suffering damages resulting from the commission of tampering or interference may bring an action in the district court against the person causing the damages to recover an amount equaling three times all actual and consequential damages, and court costs and reasonable attorney fees. In addition, a court may grant a petitioner equitable relief.
   EXCEPTIONS. The provisions in the bill do not prohibit any conduct of a person holding a legal interest in an animal facility, crop operation, animal, crop, or property which legal interest is superior to the legal interest held by a person incurring damages resulting from the conduct; an action by a governmental agency or officer; or an action by a licensed veterinarian.