House File 290 - Introduced HOUSE FILE 290 BY FISHER A BILL FOR An Act relating to trespass and making penalties applicable. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2015YH (4) 89 as/rh
H.F. 290 Section 1. Section 716.7, subsection 2, paragraph a, 1 subparagraph (1), Code 2021, is amended to read as follows: 2 (1) Entering upon or in property without the express 3 permission of the owner, lessee, or person in lawful possession 4 with the intent to commit a public offense, to use, remove 5 therefrom, alter, damage, harass, or place thereon or therein 6 anything animate or inanimate, or to hunt, fish or trap on or 7 in the property, including the act of taking or attempting to 8 take a deer, other than a farm deer as defined in section 170.1 9 or preserve whitetail as defined in section 484C.1 , which is 10 on or in the property by a person who is outside the property. 11 This subparagraph does not prohibit the unarmed pursuit on foot 12 of game or fur-bearing animals by a person who lawfully injured 13 or killed the game or fur-bearing animal which comes to rest on 14 or escapes to the property of another. 15 Sec. 2. Section 716.7, subsection 2, paragraph a, Code 2021, 16 is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (8) The free casting of a dog or dogs 18 from the road right-of-way or from an adjacent property onto 19 adjoining property without the permission of the adjoining 20 property landowner or tenant in the pursuit of coyote. For 21 purposes of this subparagraph, “free casting” means the 22 intentional release of an unleashed dog to trail or track game. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to trespass. 27 The bill provides that trespass does not include the unarmed 28 pursuit on foot of game or fur-bearing animals by a person who 29 lawfully injured or killed the game or fur-bearing animal which 30 comes to rest on or escapes to the property of another. 31 The bill provides that trespass includes the free casting of 32 a dog or dogs from the road right-of-way or from an adjacent 33 property onto adjoining property without the permission of 34 the adjoining property landowner or tenant in the pursuit of 35 -1- LSB 2015YH (4) 89 as/rh 1/ 2
H.F. 290 coyote. “Free casting” means the intentional release of an 1 unleashed dog to trail or track game. 2 A person who commits trespass commits a simple misdemeanor, 3 aggravated misdemeanor, serious misdemeanor, or class “D” 4 felony depending on the circumstances of the offense. 5 -2- LSB 2015YH (4) 89 as/rh 2/ 2