House File 649 - Introduced HOUSE FILE 649 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 236) A BILL FOR An Act relating to an offense involving trespass to 1 agricultural production facilities, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2749HV (1) 88 da/rn

H.F. 649 Section 1. NEW SECTION . 717A.3B Agricultural production 1 facility trespass. 2 1. A person commits agricultural production facility 3 trespass if the person does any of the following: 4 a. Uses deception as described in section 702.9, subsection 5 1 or 2, on a matter that would reasonably result in a denial of 6 access to an agricultural production facility that is not open 7 to the public, and, through such deception, gains access to 8 the agricultural production facility, with the intent to cause 9 physical or economic harm or other injury to the agricultural 10 production facility’s operations, agricultural animals, crop, 11 owner, personnel, equipment, building, premises, business 12 interest, or customer. 13 b. Uses deception as described in section 702.9, subsection 14 1 or 2, on a matter that would reasonably result in a denial 15 of an opportunity to be employed at an agricultural production 16 facility that is not open to the public, and, through such 17 deception, is so employed, with the intent to cause physical or 18 economic harm or other injury to the agricultural production 19 facility’s operations, agricultural animals, crop, owner, 20 personnel, equipment, building, premises, business interest, 21 or customer. 22 2. A person who commits agricultural production facility 23 trespass is guilty of a serious misdemeanor for a first offense 24 and an aggravated misdemeanor for a second or subsequent 25 offense. 26 3. A person who conspires with another, as described in 27 section 706.1, to commit agricultural production facility 28 trespass is guilty of a serious misdemeanor for a first offense 29 and an aggravated misdemeanor for a second or subsequent 30 offense. For purposes of this subsection, a person commits 31 conspiracy to commit agricultural production facility trespass, 32 without regard to the limitation of criminal liability for 33 conspiracy otherwise applicable under section 706.1, subsection 34 1. 35 -1- LSB 2749HV (1) 88 da/rn 1/ 2

H.F. 649 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill amends Code chapter 717A, which provides that a 4 person who disrupts agricultural production at an agricultural 5 production facility (facility) is subject to criminal 6 prosecution. A facility is a location where agricultural 7 animals or crops are maintained, and includes related real 8 or personal property. The bill creates the criminal offense 9 of agricultural production facility trespass which involves 10 the use of deception to obtain access to a facility, which is 11 not open to the public, with the intent to cause physical or 12 economic harm or other injury to the facility’s operations, 13 property, or persons. The offense also involves obtaining 14 employment with the agricultural production facility by 15 deception with the intent to cause physical or economic harm 16 or other injury to the facility’s operations, property, or 17 persons. 18 A person who commits agricultural production facility 19 trespass is guilty of a serious misdemeanor for a first offense 20 and an aggravated misdemeanor for a second or subsequent 21 offense. The bill also expressly provides for the application 22 of the conspiracy statute. A person convicted of conspiracy 23 under the bill’s provisions is guilty of a misdemeanor of the 24 same class as the underlying offense. 25 A serious misdemeanor is punishable by confinement for no 26 more than one year and a fine of at least $315 but not more than 27 $1,875. An aggravated misdemeanor is punishable by confinement 28 for no more than two years and a fine of at least $625 but not 29 more than $6,250. 30 -2- LSB 2749HV (1) 88 da/rn 2/ 2