HF 566 (LSB 1338HV (1) 88)

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 trapping, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 716.8, subsection 1, Code 2019, is amended to read as follows:
   1.  a.  Any person who knowingly trespasses upon the property of another commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.
   b.  Any person who knowingly trespasses upon the property of another while hunting, fishing, or trapping commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. A person who commits a trespass while hunting in the manner specified in subsection 5 may also be subject to arrest and civil penalties as provided in subsection 5.
    Sec. 2.  Section 805.8C, subsection 11, Code 2019, is amended to read as follows:
   11.  Trespassing violations.  For trespasses punishable under section 716.8, subsection 1, paragraph “b”, or subsection 716.8, subsection 5, the scheduled fine is two hundred dollars for a first violation, five hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal trespass while hunting, fishing, or trapping and provides penalties and modifying penalties.
   Under current law, a person who knowingly trespasses upon the property of another commits a simple misdemeanor, punishable as a scheduled fine ranging from $200 to $1,000 dependent on whether the violation is a first, second, or third violation. The bill strikes this penalty and provides that a person who knowingly trespasses upon the property of another commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or both. The bill strikes language allowing a peace officer to arrest the person if the person refuses to leave the property after receiving a citation or if the person immediately returns to the property after receiving a citation.
   The bill provides that any person who knowingly trespasses upon the property of another while hunting, fishing, or trapping commits a simple misdemeanor punishable as a scheduled fine of $200 for a first violation, $500 for a second violation, and $1,000 for a third or subsequent violation, and also specifies that a person who commits a trespass while hunting deer, other than farm deer or preserve whitetail, may also be subject to arrest and civil penalties under current law.