House
File
557
-
Introduced
HOUSE
FILE
557
BY
COMMITTEE
ON
NATURAL
RESOURCES
(SUCCESSOR
TO
HSB
157)
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
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557
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
7
or
in
the
property,
including
the
act
of
taking
or
attempting
8
to
take
a
deer,
other
than
a
farm
deer
as
defined
in
section
9
170.1
or
preserve
whitetail
as
defined
in
section
484C.1
,
which
10
that
is
on
or
in
the
property
by
a
person
who
is
outside
the
11
property.
This
subparagraph
does
not
prohibit
the
unarmed
12
pursuit
on
foot
of
game
or
fur-bearing
animals
by
a
person
who
13
lawfully
injured
or
killed
the
game
or
fur-bearing
animal
which
14
that
comes
to
rest
on
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
A
person
who
trespasses
pursuant
to
this
subparagraph
shall
24
be
subject
to
civil
damages
as
provided
in
sections
481A.130
25
and
481A.131.
A
coyote
taken
while
trespassing
under
this
26
subparagraph
shall
be
subject
to
seizure
as
provided
in
section
27
481A.12.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
trespass.
32
The
bill
provides
that
trespass
does
not
include
the
unarmed
33
pursuit
on
foot
of
game
or
fur-bearing
animals
by
a
person
who
34
lawfully
injured
or
killed
the
game
or
fur-bearing
animal
that
35
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H.F.
557
comes
to
rest
on
or
escapes
to
the
property
of
another.
1
The
bill
provides
that
trespass
includes
the
free
casting
of
2
a
dog
or
dogs
from
the
road
right-of-way
or
from
an
adjacent
3
property
onto
adjoining
property
without
the
permission
of
4
the
adjoining
property
landowner
or
tenant
in
the
pursuit
of
5
coyote.
“Free
casting”
means
the
intentional
release
of
an
6
unleashed
dog
to
trail
or
track
game.
7
A
person
who
commits
trespass
commits
a
simple
misdemeanor,
8
aggravated
misdemeanor,
serious
misdemeanor,
or
class
“D”
9
felony
depending
on
the
circumstances
of
the
offense.
10
In
addition,
a
person
who
violates
the
provisions
of
the
11
bill
is
subject
to
existing
civil
damages
in
Code
chapter
481A
12
relating
to
unlawfully
taking
an
animal.
A
coyote
taken
by
13
a
person
while
the
person
is
violating
the
provisions
of
the
14
bill
is
subject
to
seizure
by
the
director
of
the
department
of
15
natural
resources
or
a
peace
officer.
16
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