House
File
2431
-
Introduced
HOUSE
FILE
2431
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
655)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
an
agricultural
theft
1
surcharge
on
criminal
offenses
involving
the
theft
of
crops,
2
livestock,
or
honey
bees,
and
making
an
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2431
Section
1.
Section
602.8102,
subsection
135A,
Code
2018,
is
1
amended
to
read
as
follows:
2
135A.
Assess
the
surcharges
provided
by
sections
911.1
,
3
911.2
,
911.2A
,
911.2B
,
911.2C
,
911.3
,
and
911.4
,
and
911.5
.
4
Sec.
2.
Section
602.8108,
Code
2018,
is
amended
by
adding
5
the
following
new
subsection:
6
NEW
SUBSECTION
.
5A.
The
clerk
of
the
district
court
7
shall
remit
all
moneys
collected
from
the
agricultural
theft
8
surcharge
as
provided
in
section
911.5
to
the
state
court
9
administrator.
The
moneys
are
appropriated
to
the
judicial
10
branch
for
purposes
of
supporting
judicial
branch
operations.
11
Sec.
3.
Section
902.9,
subsection
2,
Code
2018,
is
amended
12
to
read
as
follows:
13
2.
The
surcharges
required
by
sections
911.1
,
911.2
,
14
911.2A
,
and
911.3
,
and
911.5
shall
be
added
to
a
fine
imposed
15
on
a
class
“C”
or
class
“D”
felon,
as
provided
by
those
16
sections,
and
are
not
a
part
of
or
subject
to
the
maximums
set
17
in
this
section
.
18
Sec.
4.
NEW
SECTION
.
911.5
Agricultural
theft
surcharge.
19
1.
In
addition
to
any
other
surcharge,
the
court
or
clerk
of
20
the
district
court
shall
assess
an
agricultural
theft
surcharge
21
equal
to
thirty-five
percent
of
the
fine
or
forfeiture
22
imposed,
if
an
adjudication
of
guilt
or
a
deferred
judgment
23
has
been
entered
for
a
criminal
violation
under
section
714.2,
24
subsection
1
or
2,
for
theft
of
any
of
the
following:
25
a.
A
crop
as
defined
in
section
717A.1.
26
b.
Livestock
as
defined
in
section
717.1.
27
c.
(1)
A
colony
or
package
as
defined
in
section
160.1A,
28
or
a
hive
where
bees
are
kept
as
described
in
section
160.5,
29
if
the
department
of
agriculture
and
land
stewardship
is
30
authorized
by
that
chapter
to
inspect
the
colony,
package,
or
31
hive
or
to
regulate
the
movement
of
the
colony,
package,
or
32
hive.
33
(2)
A
queen
bee
that
is
part
of
a
colony
or
is
being
moved
34
to
be
part
of
a
colony
as
described
in
subparagraph
(1).
35
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2431
2.
The
surcharge
shall
be
remitted
by
the
clerk
of
the
1
district
court
as
provided
in
section
602.8108,
subsection
5A.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
GENERAL.
This
bill
requires
that
a
person
convicted
of
a
6
class
“C”
or
class
“D”
felony
for
theft
of
a
crop,
livestock,
7
or
honey
bees
be
assessed
an
agricultural
theft
surcharge
equal
8
to
35
percent
of
the
fine
or
forfeiture
imposed.
The
moneys
9
are
remitted
to
the
state
court
administrator
and
appropriated
10
to
the
judicial
branch
for
purposes
of
supporting
judicial
11
branch
operations.
12
BACKGROUND
——
PROPERTY
SUBJECT
TO
THEFT.
A
crop
is
any
plant
13
maintained
for
its
parts
or
products
having
commercial
value,
14
including
a
plant
produced
from
an
agricultural
seed
(Code
15
section
199.1),
or
a
plant
which
is
a
tree,
shrub,
vine,
berry
16
plant,
greenhouse
plant,
or
flower.
Livestock
is
an
animal
17
belonging
to
the
bovine,
caprine,
equine,
ovine,
or
porcine
18
species,
or
an
ostrich,
rhea,
emus,
farm
deer,
or
poultry.
19
Honey
bees
are
kept
as
a
colony
and
enclosed
in
a
container
(or
20
hive
with
moveable
frames)
with
combs
where
worker
bees
and
a
21
queen
bee
reside.
A
honey
bee
may
also
be
kept
in
a
package
22
during
shipment.
23
DEGREES
OF
THEFT.
Generally,
the
theft
of
property
24
exceeding
$10,000
in
value
is
a
class
“C”
felony
(Code
section
25
714.2(1))
and
punishable
by
confinement
for
no
more
than
10
26
years
and
a
fine
of
at
least
$1,000
but
not
more
than
$10,000
27
and
the
theft
of
property
exceeding
$1,000
but
not
exceeding
28
$10,000
in
value
is
a
class
“D”
felony
and
punishable
by
29
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
30
$750
but
not
more
than
$7,500
(Code
section
902.9(9)(1)).
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