House
File
742
-
Introduced
HOUSE
FILE
742
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
553)
(SUCCESSOR
TO
HSB
82)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
an
agricultural
crime
1
surcharge
on
criminal
offenses
involving
crops,
livestock,
2
or
honeybees,
and
making
an
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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742
Section
1.
Section
602.8102,
subsection
135A,
Code
2019,
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
2019,
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
crime
8
surcharge
as
provided
in
section
911.5
to
the
state
court
9
administrator.
The
moneys
are
appropriated
to
the
court
10
technology
and
modernization
fund
established
in
subsection
9,
11
to
be
used
for
the
purposes
described
in
that
subsection.
12
Sec.
3.
Section
902.9,
subsection
2,
Code
2019,
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
crime
surcharge.
20
1.
In
addition
to
any
other
surcharge,
the
court
or
clerk
of
21
the
district
court
shall
assess
an
agricultural
crime
surcharge
22
equal
to
five
hundred
dollars,
if
an
adjudication
of
guilt
or
23
a
deferred
judgment
has
been
entered
for
a
criminal
violation
24
involving
any
of
the
following:
25
a.
Theft
of
agricultural
property
under
section
714.2,
26
subsection
1,
2,
or
3.
27
b.
Criminal
mischief
under
section
716.3,
716.4,
or
716.5,
28
by
damaging,
defacing,
altering,
or
destroying
agricultural
29
property.
30
2.
As
used
in
this
section,
agricultural
property
means
any
31
of
the
following:
32
a.
A
crop
as
defined
in
section
717A.1.
33
b.
Livestock
as
defined
in
section
717.1.
34
c.
(1)
A
colony
or
package
as
defined
in
section
160.1A,
35
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742
or
a
hive
where
bees
are
kept
as
described
in
section
160.5,
1
if
the
department
of
agriculture
and
land
stewardship
is
2
authorized
by
that
chapter
to
inspect
the
colony,
package,
or
3
hive
or
to
regulate
the
movement
of
the
colony,
package,
or
4
hive.
5
(2)
A
queen
bee
that
is
part
of
a
colony
or
is
being
moved
6
to
be
part
of
a
colony
as
described
in
subparagraph
(1).
7
3.
The
agricultural
crime
surcharge
shall
be
remitted
by
the
8
clerk
of
the
district
court
as
provided
in
section
602.8108,
9
subsection
5A.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
GENERAL.
This
bill
requires
that
a
person
convicted
of
a
14
class
“C”
felony,
class
“D”
felony,
or
aggravated
misdemeanor,
15
for
an
offense
classified
as
theft
or
criminal
mischief
shall
16
be
assessed
an
agricultural
crime
surcharge
equal
to
$500.
17
The
moneys
are
remitted
to
the
state
court
administrator
and
18
appropriated
to
the
court
technology
and
modernization
fund
19
for
use
by
the
judicial
branch
to
enhance
the
ability
of
the
20
judicial
branch
to
process
cases
more
quickly
and
efficiently,
21
to
electronically
transmit
information
to
state
government,
22
local
governments,
law
enforcement
agencies,
and
the
public,
23
and
to
improve
public
access
to
the
court
system
(Code
section
24
602.8108(9)).
25
AGRICULTURAL
PROPERTY
SUBJECT
TO
THE
SURCHARGE.
The
26
surcharge
is
assessed
again
a
crop
which
is
any
plant
27
maintained
for
its
parts
or
products
having
commercial
value,
28
including
a
plant
produced
from
an
agricultural
seed
(Code
29
section
199.1),
or
a
plant
which
is
a
tree,
shrub,
vine,
berry
30
plant,
greenhouse
plant,
or
flower.
It
is
also
assessed
31
against
livestock
which
includes
an
animal
belonging
to
the
32
bovine,
caprine,
equine,
ovine,
or
porcine
species,
or
an
33
ostrich,
rhea,
emus,
farm
deer,
or
poultry
(Code
section
34
717.1).
Honeybees
are
kept
as
a
colony
and
enclosed
in
a
35
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742
container
(or
hive
with
movable
frames)
with
combs
where
worker
1
bees
and
a
queen
bee
reside
(Code
chapter
160).
2
DEGREES
OF
OFFENSE
BASED
ON
VALUE
OF
THE
PROPERTY.
3
Generally,
the
theft
of
or
damage
to
property
exceeding
$10,000
4
is
a
class
“C”
felony
(for
theft,
Code
section
714.2(1)
and
5
for
criminal
mischief,
Code
section
716.3)
and
is
punishable
6
by
confinement
for
no
more
than
10
years
and
a
fine
of
at
7
least
$1,000
but
no
more
than
$10,000.
The
theft
of
property
8
exceeding
$1,000
but
not
exceeding
$10,000
is
a
class
“D”
9
felony
(for
theft,
Code
section
714.2(2)
and
for
criminal
10
mischief,
Code
section
716.4)
and
is
punishable
by
confinement
11
for
no
more
than
five
years
and
a
fine
of
at
least
$750
but
no
12
more
than
$7,500.
The
theft
of
or
damage
to
property
exceeding
13
$500
but
not
exceeding
$1,000
is
an
aggravated
misdemeanor
(for
14
theft,
Code
section
714.2(3)
and
for
criminal
mischief,
Code
15
section
714.2(3))
and
is
punishable
by
confinement
for
no
more
16
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
17
$6,250.
18
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