House File 566 - Introduced HOUSE FILE 566 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 71) A BILL FOR An Act relating to criminal trespass while hunting, fishing, or 1 trapping, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1338HV (1) 88 as/rh

H.F. 566 Section 1. Section 716.8, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. a. Any person who knowingly trespasses upon the 3 property of another commits a simple misdemeanor punishable 4 as a scheduled violation under section 805.8C, subsection 11 . 5 A peace officer shall consider arresting and may arrest the 6 person under section 805.9, subsection 3 , paragraph “c” , if 7 the person refuses to leave the property after receiving a 8 citation or immediately returns to the property after receiving 9 a citation, or may arrest the person as otherwise provided 10 under law. 11 b. Any person who knowingly trespasses upon the property of 12 another while hunting, fishing, or trapping commits a simple 13 misdemeanor punishable as a scheduled violation under section 14 805.8C, subsection 11. A person who commits a trespass while 15 hunting in the manner specified in subsection 5 may also be 16 subject to arrest and civil penalties as provided in subsection 17 5. 18 Sec. 2. Section 805.8C, subsection 11, Code 2019, is amended 19 to read as follows: 20 11. Trespassing violations. For trespasses punishable 21 under section 716.8, subsection 1 , paragraph “b” , or subsection 22 716.8, subsection 5 , the scheduled fine is two hundred dollars 23 for a first violation, five hundred dollars for a second 24 violation, and one thousand dollars for a third or subsequent 25 violation. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to criminal trespass while hunting, 30 fishing, or trapping and provides penalties and modifying 31 penalties. 32 Under current law, a person who knowingly trespasses 33 upon the property of another commits a simple misdemeanor, 34 punishable as a scheduled fine ranging from $200 to $1,000 35 -1- LSB 1338HV (1) 88 as/rh 1/ 2

H.F. 566 dependent on whether the violation is a first, second, or 1 third violation. The bill strikes this penalty and provides 2 that a person who knowingly trespasses upon the property of 3 another commits a simple misdemeanor. A simple misdemeanor is 4 punishable by confinement for no more than 30 days or a fine of 5 at least $65 but not more than $625 or both. The bill strikes 6 language allowing a peace officer to arrest the person if the 7 person refuses to leave the property after receiving a citation 8 or if the person immediately returns to the property after 9 receiving a citation. 10 The bill provides that any person who knowingly trespasses 11 upon the property of another while hunting, fishing, or 12 trapping commits a simple misdemeanor punishable as a 13 scheduled fine of $200 for a first violation, $500 for a second 14 violation, and $1,000 for a third or subsequent violation, 15 and also specifies that a person who commits a trespass while 16 hunting deer, other than farm deer or preserve whitetail, may 17 also be subject to arrest and civil penalties under current 18 law. 19 -2- LSB 1338HV (1) 88 as/rh 2/ 2