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 TLSB 6159YC (3) 87 da/rj
H.F. _____ 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 35 -1- LSB 6159YC (3) 87 da/rj 1/ 2
H.F. _____ 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)). 20 -2- LSB 6159YC (3) 87 da/rj 2/ 2