House File 2168 - Introduced HOUSE FILE 2168 BY HEARTSILL A BILL FOR An Act modifying penalties for trespassing. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5321YH (3) 86 jh/sc

H.F. 2168 Section 1. Section 716.8, subsections 1 and 5, Code 2016, 1 are amended to read as follows: 2 1. Any Except as otherwise may be provided in this section, 3 any person who knowingly trespasses upon the property of 4 another commits a simple misdemeanor punishable as a scheduled 5 violation under section 805.8C, subsection 11 . 6 5. A person who commits a trespass while hunting deer, 7 other than a farm deer as defined in section 170.1 or preserve 8 whitetail as defined in section 484C.1 , commits a simple 9 misdemeanor punishable as a scheduled violation under section 10 805.8C, subsection 11 . The person shall also be subject to 11 civil penalties as provided in sections 481A.130 and 481A.131 . 12 A deer taken by a person while committing such a trespass shall 13 be subject to seizure as provided in section 481A.12 . 14 Sec. 2. Section 805.8C, Code 2016, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 11. Trespassing violations. For trespasses 17 punishable under section 716.8, subsection 1 or 5, the 18 scheduled fine is two hundred dollars for a first violation, 19 five hundred dollars for a second violation, and one thousand 20 dollars for a third or subsequent violation. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill modifies penalties for trespassing. 25 Under current law, a trespass that does not involve injury 26 to a person or damages of more than $200, an intent to commit a 27 hate crime, or public utility property, is a simple misdemeanor 28 and is punishable by a fine between $65 and $625, as determined 29 by a court. A court may also order imprisonment not to exceed 30 30 days in lieu of or in addition to a fine. 31 The bill amends current law by modifying the penalty for 32 a trespass which does not involve damages of more than $200, 33 an intent to commit a hate crime, or public utility property. 34 Under the bill, such a trespass remains a simple misdemeanor, 35 -1- LSB 5321YH (3) 86 jh/sc 1/ 2

H.F. 2168 but is punishable as a scheduled fine. The fine schedule is 1 $200 for the first violation, $500 for the second violation, 2 and $1,000 for third or subsequent violations. 3 -2- LSB 5321YH (3) 86 jh/sc 2/ 2