Senate File 421 - Introduced SENATE FILE 421 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1166) A BILL FOR An Act prohibiting interference with the transportation of an 1 agricultural animal, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2100SV (1) 89 da/ns

S.F. 421 Section 1. NEW SECTION . 716.13 Interference with 1 transportation of agricultural animals. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Agricultural animal” means an animal belonging to 5 the bovine, caprine, equine, ovine, or porcine species; farm 6 deer as defined in section 170.1; ostriches, rheas, and emus; 7 turkeys, chickens, domestic geese or ducks, or other domestic 8 fowl; fish or other aquatic organisms confined in private 9 waters for human consumption; or honey bees. 10 b. (1) “Convicted” means the entry of a judgment of 11 conviction under chapter 901 or adjudicated delinquent for an 12 act which is an indictable offense in this state or in another 13 state under chapter 232. 14 (2) “Convicted” does not mean a plea, sentence, 15 adjudication, deferred sentence, or deferred judgment which has 16 been reversed or otherwise set aside. 17 c. “Motor vehicle” means any self-propelled vehicle subject 18 to registration under chapter 321, and includes an item 19 attached to the vehicle. 20 2. A person commits interference with the transportation of 21 an agricultural animal if the person knowingly does any of the 22 following: 23 a. Stops, hinders, impedes, boards, obstructs, or otherwise 24 interferes with a motor vehicle transporting an agricultural 25 animal, regardless of whether the motor vehicle is moving. 26 b. Provokes, disturbs, or otherwise interacts with an 27 agricultural animal when the agricultural animal is confined 28 in a motor vehicle, regardless of whether the motor vehicle is 29 moving. 30 3. In a prosecution alleging that a defendant committed 31 interference with the transportation of an agricultural 32 animal under subsection 2, the defendant may assert an 33 affirmative defense of consent. The defendant must prove by 34 a preponderance of the evidence that the defendant was acting 35 -1- LSB 2100SV (1) 89 da/ns 1/ 3

S.F. 421 with the consent of any of the following: 1 a. A person having real or apparent authority to transport 2 the agricultural animal. This requirement is met if the person 3 is a shipper or transporter acting in compliance with chapter 4 172B. 5 b. The owner of the agricultural animal or any other person 6 having real or apparent authority to possess or control the 7 agricultural animal. 8 4. a. A person who commits interference with the 9 transportation of an agricultural animal, as provided in 10 subsection 2, paragraph “a” , is guilty of an aggravated 11 misdemeanor. 12 b. A person who commits interference with the transportation 13 of an agricultural animal, as provided in subsection 2, 14 paragraph “b” , is guilty of an aggravated misdemeanor. 15 5. Notwithstanding subsection 4, a person who commits 16 interference with the transportation of an agricultural animal 17 under subsection 2, paragraph “a” or “b” , is guilty of a 18 class “D” felony if the person has previously been convicted 19 of committing interference with the transportation of an 20 agricultural animal under either of those paragraphs. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 GENERAL. This bill creates the criminal offense (offense) 25 of interference with the transportation of an agricultural 26 animal. A person commits the offense by knowingly doing 27 any of the following: (1) interfering with a motor vehicle 28 transporting an agricultural animal or (2) interfering with 29 an agricultural animal confined in the motor vehicle. An 30 agricultural animal includes livestock such as cattle, goats, 31 horses, sheep, and swine; exotic animals such as ostriches; 32 farm deer; poultry and other domestic fowl; fish; and honey 33 bees. 34 AFFIRMATIVE DEFENSES AND PENALTIES. Under the bill, a 35 -2- LSB 2100SV (1) 89 da/ns 2/ 3

S.F. 421 defendant charged with the offense may assert an affirmative 1 defense that the person was acting with the consent of 2 either of the following: (1) a person actually or apparently 3 transporting the agricultural animal or (2) a person actually 4 or apparently exercising legal control of the agricultural 5 animal. A person convicted of an offense under the bill is 6 guilty of an aggravated misdemeanor, unless the person had 7 previously committed such an offense. In that case, the person 8 is guilty of a class “D” felony. An aggravated misdemeanor is 9 punishable by confinement for no more than two years and a fine 10 of at least $855 but not more than $8,540. A class “D” felony 11 is punishable by confinement for no more than five years and a 12 fine of at least $1,025 but not more than $10,245. 13 -3- LSB 2100SV (1) 89 da/ns 3/ 3