SSB 1166 (LSB 2100XC (1) 89)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BROWN)

A BILL FOR

An Act prohibiting interference with the transportation of an agricultural animal, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  716.13  Interference with transportation of agricultural animals.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Agricultural animal” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; farm deer as defined in section 170.1; ostriches, rheas, and emus; turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private waters for human consumption; or honey bees.
   b.  (1)  “Convicted” means the entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232.
   (2)  “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
   c.  “Motor vehicle” means any self-propelled vehicle subject to registration under chapter 321, and includes an item attached to the vehicle.
   2.  A person commits interference with the transportation of an agricultural animal if the person knowingly does any of the following:
   a.  Stops, hinders, impedes, boards, obstructs, or otherwise interferes with a motor vehicle transporting an agricultural animal, regardless of whether the motor vehicle is moving.
   b.  Provokes, disturbs, or otherwise interacts with an agricultural animal when the agricultural animal is confined in a motor vehicle, regardless of whether the motor vehicle is moving.
   3.  In a prosecution alleging that a defendant committed interference with the transportation of an agricultural animal under subsection 2, the defendant may assert an affirmative defense of consent. The defendant must prove by a preponderance of the evidence that the defendant was acting with the consent of any of the following:
   a.  A person having real or apparent authority to transport the agricultural animal. This requirement is met if the person is a shipper or transporter acting in compliance with chapter 172B.
   b.  The owner of the agricultural animal or any other person having real or apparent authority to possess or control the agricultural animal.
   4.  a.  A person who commits interference with the transportation of an agricultural animal, as provided in subsection 2, paragraph “a”, is guilty of an aggravated misdemeanor.
   b.  A person who commits interference with the transportation of an agricultural animal, as provided in subsection 2, paragraph “b”, is guilty of an aggravated misdemeanor.
   5.  Notwithstanding subsection 4, a person who commits interference with the transportation of an agricultural animal under subsection 2, paragraph “a” or “b”, is guilty of a class “D” felony if the person has previously been convicted of committing interference with the transportation of an agricultural animal under either of those paragraphs.
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 creates the criminal offense (offense) of interference with the transportation of an agricultural animal. A person commits the offense by knowingly doing any of the following: (1) interfering with a motor vehicle transporting an agricultural animal or (2) interfering with an agricultural animal confined in the motor vehicle. An agricultural animal includes livestock such as cattle, goats, horses, sheep, and swine; exotic animals such as ostriches; farm deer; poultry and other domestic fowl; fish; and honey bees.
   AFFIRMATIVE DEFENSES AND PENALTIES. Under the bill, a defendant charged with the offense may assert an affirmative defense that the person was acting with the consent of either of the following: (1) a person actually or apparently transporting the agricultural animal or (2) a person actually or apparently exercising legal control of the agricultural animal. A person convicted of an offense under the bill is guilty of an aggravated misdemeanor, unless the person had previously committed such an offense. In that case, the person is guilty of a class “D” felony. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.