House
Study
Bill
655
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
an
agricultural
theft
1
surcharge
on
criminal
offenses
involving
the
theft
of
crops
2
or
livestock,
and
making
an
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
department
of
9
agriculture
and
land
stewardship.
The
moneys
are
appropriated
10
to
the
department
for
purposes
of
supporting
the
department’s
11
administrative,
regulatory,
and
programmatic
activities.
12
Sec.
3.
Section
902.9,
subsection
2,
Code
2018,
is
amended
13
to
read
as
follows:
14
2.
The
surcharges
required
by
sections
911.1
,
911.2
,
15
911.2A
,
and
911.3
,
and
911.5
shall
be
added
to
a
fine
imposed
16
on
a
class
“C”
or
class
“D”
felon,
as
provided
by
those
17
sections,
and
are
not
a
part
of
or
subject
to
the
maximums
set
18
in
this
section
.
19
Sec.
4.
NEW
SECTION
.
911.5
Agricultural
theft
surcharge.
20
1.
In
addition
to
any
other
surcharge,
the
court
or
clerk
of
21
the
district
court
shall
assess
an
agricultural
theft
surcharge
22
of
two
thousand
five
hundred
dollars
if
an
adjudication
of
23
guilt
or
a
deferred
judgment
has
been
entered
for
a
criminal
24
violation
under
section
714.2,
subsection
1
or
2,
for
theft
of
25
any
of
the
following:
26
a.
A
crop
as
defined
in
section
717A.1.
27
b.
Livestock
as
defined
in
section
717.1.
28
2.
The
surcharge
shall
be
remitted
by
the
clerk
of
the
29
district
court
as
provided
in
section
602.8108,
subsection
5A.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
GENERAL.
This
bill
requires
that
a
person
convicted
of
a
34
class
“C”
or
class
“D”
felony
for
theft
of
livestock
or
a
crop
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be
assessed
an
agricultural
theft
surcharge
of
$2,500
which
is
1
remitted
to
the
department
of
agriculture
and
land
stewardship.
2
The
moneys
are
appropriated
to
the
department
for
purposes
of
3
supporting
its
administrative,
regulatory,
and
programmatic
4
activities.
5
CROP
OR
LIVESTOCK.
A
crop
is
any
plant
maintained
for
its
6
parts
or
products
having
commercial
value,
including
a
plant
7
produced
from
an
agricultural
seed
(Code
section
199.1),
or
a
8
plant
which
is
a
tree,
shrub,
vine,
berry
plant,
greenhouse
9
plant,
or
flower.
Livestock
is
an
animal
belonging
to
the
10
bovine,
caprine,
equine,
ovine,
or
porcine
species,
or
an
11
ostrich,
rhea,
emus,
farm
deer,
or
poultry.
12
DEGREES
OF
THEFT.
Generally,
the
theft
of
property
13
exceeding
$10,000
in
value
is
a
class
“C”
felony
(Code
section
14
714.2(1))
and
punishable
by
confinement
for
no
more
than
10
15
years
and
a
fine
of
at
least
$1,000
but
not
more
than
$10,000
16
and
the
theft
of
property
exceeding
$1,000
but
not
exceeding
17
$10,000
in
value
is
a
class
“D”
felony
and
punishable
by
18
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
19
$750
but
not
more
than
$7,500
(Code
section
902.9(9)(1)).
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