House File 775 - Introduced HOUSE FILE 775 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 78) A BILL FOR An Act concerning unauthorized entry or access, including 1 unauthorized electronic or mechanical recording, 2 unauthorized gathering of samples of certain materials 3 relating to animals and animal feeding operations, and 4 providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1238HV (2) 89 je/rn

H.F. 775 Section 1. NEW SECTION . 716.14 Unauthorized sampling. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Agricultural animal” means an animal belonging to 4 the bovine, caprine, equine, ovine, or porcine species; farm 5 deer as defined in section 170.1; ostriches, rheas, and emus; 6 turkeys, chickens, domestic geese or ducks, or other domestic 7 fowl; fish or other aquatic organisms confined in private 8 waters for human consumption; or honey bees. 9 b. “Agricultural crop” means a plant produced for food, 10 animal feed, fiber, oil, or fuel if the plant is classified as 11 a forage or cereal plant, including but not limited to alfalfa, 12 barley, buckwheat, corn, flax, forage, hemp as defined in 13 section 204.2, millet, oats, popcorn, rye, sorghum, soybeans, 14 sunflowers, wheat, and grasses used for forage or silage. A 15 plant which is a noxious weed pursuant to section 317.1A shall 16 not be considered not an agricultural crop unless the plant is 17 produced as a research crop. 18 c. (1) “Convicted” means the entry of a judgment of 19 conviction under chapter 901 or adjudicated delinquent for an 20 act which is an indictable offense in this state or in another 21 state under chapter 232. 22 (2) “Convicted” does not mean a plea, sentence, 23 adjudication, deferred sentence, or deferred judgment which has 24 been reversed or otherwise set aside. 25 2. A person commits unauthorized sampling, if the person 26 knowingly enters private property, without consent of the owner 27 or any other person having real or apparent authority to grant 28 consent, and obtains samples of any of the following: 29 a. Bodily fluids or substances from an agricultural animal. 30 b. Any product from an agricultural animal. 31 c. Soil, air, surface water, or ground water from land or 32 structures used for the production of an agricultural animal or 33 the production of an agricultural crop. 34 3. A person who commits unauthorized sampling as provided in 35 -1- LSB 1238HV (2) 89 je/rn 1/ 3

H.F. 775 subsection 2 is guilty of an aggravated misdemeanor. 1 4. Notwithstanding subsection 3, a person who commits 2 unauthorized sampling as provided in subsection 2 is guilty of 3 a class “D” felony if the person has previously been convicted 4 of committing unauthorized sampling under subsection 2. 5 Sec. 2. Section 727.8, Code 2021, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 2A. Any person, having no right or 8 authority to do so, who places or uses a camera or electronic 9 surveillance device that records images or data while the 10 device is on the private property of another person commits 11 an aggravated misdemeanor for a first offense and a class “D” 12 felony for a second or subsequent offense. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill provides that a person who commits unauthorized 17 sampling is guilty of an aggravated misdemeanor, or a class 18 “D” felony if the person has previously been convicted 19 of committing unauthorized sampling. A person commits 20 unauthorized sampling if the person knowingly enters private 21 property, without consent of the owner or any other person 22 having real or apparent authority to grant consent, and obtains 23 samples of any materials specified in the bill. The materials 24 are bodily fluids or substances from an agricultural animal as 25 defined in the bill; any product from an agricultural animal; 26 and soil, air, surface water, or ground water from land or 27 structures used for the production of an agricultural animal or 28 the production of an agricultural crop as defined in the bill. 29 The bill also provides that any person, having no right or 30 authority to do so, who places or uses a camera or electronic 31 surveillance device that records images or data while the 32 device is on the private property of another person commits 33 an aggravated misdemeanor for a first offense and a class “D” 34 felony for a second or subsequent offense. 35 -2- LSB 1238HV (2) 89 je/rn 2/ 3

H.F. 775 An aggravated misdemeanor is punishable by confinement for 1 no more than two years and a fine of at least $855 but not more 2 than $8,540. 3 A class “D” felony is punishable by confinement for no more 4 than five years and a fine of at least $1,025 but not more than 5 $10,245. 6 -3- LSB 1238HV (2) 89 je/rn 3/ 3