House Study Bill 687 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON GRASSLEY) A BILL FOR An Act relating to the assessment of an agricultural property 1 offense surcharge on criminal offenses involving crops, 2 livestock, or honey bees, and making an appropriation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6245YC (5) 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 shall 7 remit all moneys collected from the agricultural property 8 offense surcharge as provided in section 911.5 to the state 9 court administrator. The moneys are appropriated to the 10 judicial branch for purposes of supporting judicial branch 11 operations. 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. Section 903.1, subsection 4, Code 2018, is amended 20 to read as follows: 21 4. The surcharges required by sections 911.1 , 911.2 , 22 911.2A , 911.3 , and 911.4 , and 911.5 shall be added to a fine 23 imposed on a misdemeanant as provided in those sections, 24 and are not a part of or subject to the maximums set in this 25 section . 26 Sec. 5. NEW SECTION . 911.5 Agricultural property offense 27 surcharge. 28 1. In addition to any other surcharge, the court or clerk 29 of the district court shall assess an agricultural property 30 offense surcharge equal to thirty-five percent of the fine or 31 forfeiture imposed, if an adjudication of guilt or a deferred 32 judgment has been entered for a criminal offense for committing 33 any of the following: 34 a. Theft of agricultural property under section 714.2, 35 -1- LSB 6245YC (5) 87 da/rj 1/ 3

H.F. _____ subsection 1, 2, or 3. 1 b. Criminal mischief under section 716.3, 716.4, or 716.5, 2 by damaging, defacing, altering, or destroying agricultural 3 property. 4 2. As used in this section, agricultural property means any 5 of the following: 6 a. A crop as defined in section 717A.1. 7 b. Livestock as defined in section 717.1. 8 c. (1) A colony or package as defined in section 160.1A, 9 or a hive where bees are kept as described in section 160.5, 10 if the department of agriculture and land stewardship is 11 authorized by that chapter to inspect the colony, package, or 12 hive or to regulate the movement of the colony, package, or 13 hive. 14 (2) A queen bee that is part of a colony or is being moved 15 to be part of a colony as described in subparagraph (1). 16 3. The surcharge shall be remitted by the clerk of the 17 district court as provided in section 602.8108, subsection 5A. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 GENERAL. This bill requires that a person convicted of a 22 crime relating to agricultural property (agricultural property 23 offense) is subject to surcharge (agricultural property offense 24 surcharge) equal to 35 percent of the fine or forfeiture 25 imposed by the court. The moneys are required to be remitted 26 by the clerk of court to the state court administrator and are 27 appropriated to the judicial branch for purposes of supporting 28 judicial branch operations. 29 AGRICULTURAL PROPERTY OFFENSE. The agricultural property 30 offense must involve either: (1) the theft of agricultural 31 property or (2) criminal mischief for damaging, defacing, 32 altering, or destroying agricultural property. In addition, 33 it must be classified as a first degree offense (class “C” 34 felony), second degree offense (class “D” felony), or third 35 -2- LSB 6245YC (5) 87 da/rj 2/ 3

H.F. _____ degree offense (aggravated misdemeanor). 1 PROPERTY SUBJECT TO THEFT OR CRIMINAL MISCHIEF. The 2 agricultural property is limited to: (1) a crop, (2) 3 livestock, or (3) honey bees or associated items. A crop 4 is any plant maintained for its parts or products having 5 commercial value, including a plant produced from an 6 agricultural seed, or a plant which is a tree, shrub, vine, 7 berry plant, greenhouse plant, or flower. Livestock is an 8 animal belonging to the bovine, caprine, equine, ovine, or 9 porcine species, or an ostrich, rhea, emus, farm deer, or 10 poultry. Honey bees are kept as a colony and enclosed in a 11 container (or hive with moveable frames) with combs where 12 worker bees and a queen bee reside. A honey bee may also be 13 kept in a package during shipment. 14 DEGREES OF THEFT OR CRIMINAL MISCHIEF. The degree of the 15 offense for theft or criminal mischief, and its punishment, 16 corresponds to the dollar amount of the value of the property 17 subject to the offense. If the value exceeds $10,000, the 18 offense is theft or criminal mischief in the first degree and 19 punishable as a class “C” felony with confinement for no more 20 than 10 years and a fine of at least $1,000 but not more than 21 $10,000 (for theft, see Code section 714.2(1) and for criminal 22 mischief, see Code section 716.3). If the value exceeds $1,000 23 but does not exceed $10,000, the offense is classified as theft 24 or criminal mischief in the second degree and punishable as a 25 class “D” felony with confinement for no more than five years 26 and a fine of at least $750 but not more than $7,500 (for theft, 27 see Code section 714.2(2) and for criminal mischief, see Code 28 section 716.4). If the value exceeds $500 but does not exceed 29 $1,000, the offense is classified as theft or criminal mischief 30 in the third degree and punishable as an aggravated misdemeanor 31 with confinement for no more than two years and a fine of 32 at least $625 but not more than $6,250 (for theft, see Code 33 section 714.2(3) and for criminal mischief, see Code section 34 716.5). 35 -3- LSB 6245YC (5) 87 da/rj 3/ 3