House File 69 - Introduced HOUSE FILE 69 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 1279YH (5) 87 jh/sc

H.F. 69 Section 1. Section 716.8, subsections 1 and 5, Code 2017, 1 are amended to read as follows: 2 1. Any Except as otherwise provided in this section, 3 any person who knowingly trespasses upon the property of 4 another commits a simple misdemeanor , except that any person 5 who intentionally trespasses as defined in section 716.7, 6 subsection 2 , paragraph “a” , subparagraph (7), commits a 7 serious misdemeanor punishable as a scheduled violation under 8 section 805.8C, subsection 11 . 9 5. A person who commits a trespass while hunting deer, 10 other than a farm deer as defined in section 170.1 or preserve 11 whitetail as defined in section 484C.1 , commits a simple 12 misdemeanor punishable as a scheduled violation under section 13 805.8C, subsection 11 . The person shall also be subject to 14 civil penalties as provided in sections 481A.130 and 481A.131 . 15 A deer taken by a person while committing such a trespass shall 16 be subject to seizure as provided in section 481A.12 . 17 Sec. 2. Section 716.8, Code 2017, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 7. Any person who intentionally trespasses 20 as defined in section 716.7, subsection 2, paragraph “a” , 21 subparagraph (7), commits a serious misdemeanor. 22 Sec. 3. Section 805.8C, Code 2017, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 11. Trespassing violations. For trespasses 25 punishable under section 716.8, subsection 1 or 5, the 26 scheduled fine is two hundred dollars for a first violation, 27 five hundred dollars for a second violation, and one thousand 28 dollars for a third or subsequent violation. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill modifies penalties for trespassing. 33 Under current law, a trespass that does not involve injury 34 to a person or damages of more than $200, an intent to commit a 35 -1- LSB 1279YH (5) 87 jh/sc 1/ 2

H.F. 69 hate crime, public utility property, or the intentional viewing 1 or recording of another person without a legitimate purpose is 2 a simple misdemeanor and is punishable by a fine between $65 3 and $625, as determined by a court. A court may also order 4 imprisonment not to exceed 30 days in lieu of or in addition to 5 a fine. 6 The bill modifies the penalty for a trespass which does not 7 involve damages of more than $200, an intent to commit a hate 8 crime, public utility property, or the intentional viewing 9 or recording of another person without a legitimate purpose. 10 Under the bill, such a trespass remains a simple misdemeanor, 11 but is punishable as a scheduled fine. The fine schedule is 12 $200 for the first violation, $500 for the second violation, 13 and $1,000 for third or subsequent violations. 14 -2- LSB 1279YH (5) 87 jh/sc 2/ 2