House
Study
Bill
112
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
GRASSLEY)
A
BILL
FOR
An
Act
providing
a
minimum
mandatory
criminal
sentence
for
the
1
theft
of
a
crop
or
livestock.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
NEW
SECTION
.
714.7E
Theft
of
a
crop
or
livestock
1
——
mandatory
minimum
sentence.
2
1.
As
used
in
this
section,
unless
the
context
requires
3
otherwise:
4
a.
“Crop”
means
the
same
as
defined
in
section
717A.1.
5
b.
“Livestock”
means
the
same
as
defined
in
section
717.1.
6
2.
A
person
convicted
under
section
714.2,
subsection
1
or
7
2,
for
theft
of
property
that
is
a
crop
or
livestock,
shall
8
be
committed
to
the
custody
of
the
department
of
corrections
9
and
shall
serve
a
mandatory
minimum
sentence
of
thirty
days.
10
A
court
shall
not
defer
judgment
or
sentencing
or
suspend
the
11
sentence
as
provided
in
section
907.3.
12
3.
Subsection
2
shall
apply
notwithstanding
any
provision
13
to
the
contrary
in
chapter
905
or
907.
14
Sec.
2.
Section
907.3,
subsection
1,
paragraph
a,
Code
2015,
15
is
amended
by
adding
the
following
new
subparagraph:
16
NEW
SUBPARAGRAPH
.
(14)
The
offense
is
a
violation
of
17
section
714.2,
subsection
1
or
2.
18
Sec.
3.
Section
907.3,
subsection
2,
paragraph
a,
Code
2015,
19
is
amended
by
adding
the
following
new
subparagraph:
20
NEW
SUBPARAGRAPH
.
(8)
The
offense
is
a
violation
of
section
21
714.2,
subsection
1
or
2.
22
Sec.
4.
Section
907.3,
subsection
3,
Code
2015,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
g.
The
mandatory
minimum
sentence
of
25
confinement
imposed
under
section
714.7E.
However,
the
court
26
may
suspend
any
remaining
part
of
the
sentence.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
GENERAL.
This
bill
provides
that
a
person
convicted
of
a
31
class
“C”
or
class
“D”
felony
for
theft
of
a
crop
or
livestock
32
must
serve
a
mandatory
minimum
sentence
of
30
days.
The
court
33
must
pronounce
judgment
and
sentencing
and
is
prohibited
from
34
suspending
the
minimum
sentence
of
confinement
of
30
days.
35
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H.F.
_____
CROP
OR
LIVESTOCK.
A
crop
is
any
plant
maintained
for
1
its
parts
or
products
having
commercial
value,
if
the
plant
2
is
produced
from
an
agricultural
seed
(Code
section
199.1),
3
including
a
plant
producing
a
commodity
(Code
section
210.10).
4
Livestock
is
an
animal
belonging
to
the
bovine,
caprine,
5
equine,
ovine,
or
porcine
species,
or
an
ostrich,
rhea,
emus,
6
farm
deer,
or
poultry.
7
DEGREES
OF
THEFT.
Generally,
the
theft
of
property
8
exceeding
$10,000
in
value
is
a
class
“C”
felony
(Code
section
9
714.2(1))
and
punishable
by
confinement
for
no
more
than
10
10
years
and
a
fine
of
at
least
$1,000
but
not
more
than
$10,000
11
and
the
theft
of
property
exceeding
$1,000
but
not
exceeding
12
$10,000
in
value
is
a
class
“D”
felony
and
punishable
by
13
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
14
$750
but
not
more
than
$7,500
(Code
section
902.9(9)(1)).
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