HF 742 (LSB 1982HZ (2) 88)

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 surcharge on criminal offenses involving crops, livestock, or honeybees, and making an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.8102, subsection 135A, Code 2019, is amended to read as follows:
   135A.  Assess the surcharges provided by sections 911.1, 911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
    Sec. 2.  Section 602.8108, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  The clerk of the district court shall remit all moneys collected from the agricultural crime surcharge as provided in section 911.5 to the state court administrator. The moneys are appropriated to the court technology and modernization fund established in subsection 9, to be used for the purposes described in that subsection.
    Sec. 3.  Section 902.9, subsection 2, Code 2019, is amended to read as follows:
   2.  The surcharges required by sections 911.1, 911.2, 911.2A, and 911.3, and 911.5 shall be added to a fine imposed on a class “C” or class “D” felon, as provided by those sections, and are not a part of or subject to the maximums set in this section.
    Sec. 4.  NEW SECTION.  911.5  Agricultural crime surcharge.
   1.  In addition to any other surcharge, the court or clerk of the district court shall assess an agricultural crime surcharge equal to five hundred dollars, if an adjudication of guilt or a deferred judgment has been entered for a criminal violation involving any of the following:
   a.  Theft of agricultural property under section 714.2, subsection 1, 2, or 3.
   b.  Criminal mischief under section 716.3, 716.4, or 716.5, by damaging, defacing, altering, or destroying agricultural property.
   2.  As used in this section, agricultural property means any of the following:
   a.  A crop as defined in section 717A.1.
   b.  Livestock as defined in section 717.1.
   c.  (1)  A colony or package as defined in section 160.1A, or a hive where bees are kept as described in section 160.5, if the department of agriculture and land stewardship is authorized by that chapter to inspect the colony, package, or hive or to regulate the movement of the colony, package, or hive.
   (2)  A queen bee that is part of a colony or is being moved to be part of a colony as described in subparagraph (1).
   3.  The agricultural crime surcharge shall be remitted by the clerk of the district court as provided in section 602.8108, subsection 5A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill requires that a person convicted of a class “C” felony, class “D” felony, or aggravated misdemeanor, for an offense classified as theft or criminal mischief shall be assessed an agricultural crime surcharge equal to $500. The moneys are remitted to the state court administrator and appropriated to the court technology and modernization fund for use by the judicial branch to enhance the ability of the judicial branch to process cases more quickly and efficiently, to electronically transmit information to state government, local governments, law enforcement agencies, and the public, and to improve public access to the court system (Code section 602.8108(9)).
   AGRICULTURAL PROPERTY SUBJECT TO THE SURCHARGE. The surcharge is assessed again a crop which is any plant maintained for its parts or products having commercial value, including a plant produced from an agricultural seed (Code section 199.1), or a plant which is a tree, shrub, vine, berry plant, greenhouse plant, or flower. It is also assessed against livestock which includes an animal belonging to the bovine, caprine, equine, ovine, or porcine species, or an ostrich, rhea, emus, farm deer, or poultry (Code section 717.1). Honeybees are kept as a colony and enclosed in a container (or hive with movable frames) with combs where worker bees and a queen bee reside (Code chapter 160).
   DEGREES OF OFFENSE BASED ON VALUE OF THE PROPERTY.  Generally, the theft of or damage to property exceeding $10,000 is a class “C” felony (for theft, Code section 714.2(1) and for criminal mischief, Code section 716.3) and is punishable by confinement for no more than 10 years and a fine of at least $1,000 but no more than $10,000. The theft of property exceeding $1,000 but not exceeding $10,000 is a class “D” felony (for theft, Code section 714.2(2) and for criminal mischief, Code section 716.4) and is punishable by confinement for no more than five years and a fine of at least $750 but no more than $7,500. The theft of or damage to property exceeding $500 but not exceeding $1,000 is an aggravated misdemeanor (for theft, Code section 714.2(3) and for criminal mischief, Code section 714.2(3)) and is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.