HSB 112 (LSB 1784YC (5) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON GRASSLEY)

A BILL FOR

An Act providing a minimum mandatory criminal sentence for the theft of a crop or livestock.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  714.7E  Theft of a crop or livestock —— mandatory minimum sentence.
   1.  As used in this section, unless the context requires otherwise:
   a.  “Crop” means the same as defined in section 717A.1.
   b.  “Livestock” means the same as defined in section 717.1.
   2.  A person convicted under section 714.2, subsection 1 or 2, for theft of property that is a crop or livestock, shall be committed to the custody of the department of corrections and shall serve a mandatory minimum sentence of thirty days. A court shall not defer judgment or sentencing or suspend the sentence as provided in section 907.3. 
   3.  Subsection 2 shall apply notwithstanding any provision to the contrary in chapter 905 or 907.
    Sec. 2.  Section 907.3, subsection 1, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (14)  The offense is a violation of section 714.2, subsection 1 or 2.
    Sec. 3.  Section 907.3, subsection 2, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (8)  The offense is a violation of section 714.2, subsection 1 or 2.
    Sec. 4.  Section 907.3, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  The mandatory minimum sentence of confinement imposed under section 714.7E. However, the court may suspend any remaining part of the sentence.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   GENERAL. This bill provides that a person convicted of a class “C” or class “D” felony for theft of a crop or livestock must serve a mandatory minimum sentence of 30 days. The court must pronounce judgment and sentencing and is prohibited from suspending the minimum sentence of confinement of 30 days.
   CROP OR LIVESTOCK. A crop is any plant maintained for its parts or products having commercial value, if the plant is produced from an agricultural seed (Code section 199.1), including a plant producing a commodity (Code section 210.10). Livestock is an animal belonging to the bovine, caprine, equine, ovine, or porcine species, or an ostrich, rhea, emus, farm deer, or poultry.
   DEGREES OF THEFT. Generally, the theft of property exceeding $10,000 in value is a class “C” felony (Code section 714.2(1)) and punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000 and the theft of property exceeding $1,000 but not exceeding $10,000 in value is a class “D” felony and punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500 (Code section 902.9(9)(1)).