House
File
440
-
Introduced
HOUSE
FILE
440
BY
BAGNIEWSKI
(COMPANION
TO
SF
222
BY
BISIGNANO)
A
BILL
FOR
An
Act
relating
to
the
crime
of
the
unauthorized
placement
of
1
a
global
positioning
device,
including
the
unauthorized
2
placement
of
a
global
positioning
device
committed
against
a
3
person
under
eighteen
years
of
age,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1807YH
(2)
90
as/rh
H.F.
440
Section
1.
Section
708.11A,
Code
2023,
is
amended
to
read
1
as
follows:
2
708.11A
Unauthorized
placement
of
global
positioning
device.
3
1.
A
person
commits
unauthorized
placement
of
a
global
4
positioning
device
when
the
person,
without
the
consent
of
the
5
other
person,
places
a
global
positioning
device
on
the
other
6
person
or
an
object
in
order
to
track
the
movements
of
the
7
other
person
without
a
legitimate
purpose.
8
2.
A
Except
as
provided
in
subsection
3,
a
person
who
9
commits
a
violation
of
this
section
commits
a
serious
10
misdemeanor
for
a
first
offense,
and
an
aggravated
misdemeanor
11
for
a
second
or
subsequent
offense
.
12
3.
A
person
who
commits
a
violation
of
this
section
when
13
the
other
person
is
under
eighteen
years
of
age
commits
an
14
aggravated
misdemeanor
for
a
first
offense,
and
a
class
“D”
15
felony
for
a
second
or
subsequent
offense.
This
subsection
16
shall
not
apply
if
the
person
is
a
parent
or
guardian
of
the
17
other
person.
18
4.
Each
individual
act
constituting
a
violation
of
this
19
section
shall
be
considered
a
separate
and
distinct
offense.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
crime
of
the
unauthorized
placement
24
of
a
global
positioning
device
including
the
unauthorized
25
placement
of
a
global
positioning
device
committed
against
a
26
person
under
18
years
of
age.
27
Current
law
provides
that
a
person
who
commits
a
violation
28
of
the
unauthorized
placement
of
a
global
positioning
device
29
commits
a
serious
misdemeanor.
The
bill
provides
that
a
second
30
or
subsequent
offense
is
an
aggravated
misdemeanor.
The
bill
31
provides
that
a
person
who
commits
the
unauthorized
placement
32
of
a
global
positioning
device
when
the
other
person
is
under
33
18
years
of
age
commits
an
aggravated
misdemeanor
for
a
first
34
offense,
and
a
class
“D”
felony
for
a
second
or
subsequent
35
-1-
LSB
1807YH
(2)
90
as/rh
1/
2
H.F.
440
offense.
This
provision
shall
not
apply
when
the
person
is
a
1
parent
or
guardian
of
the
other
person.
2
The
bill
provides
that
each
individual
act
constituting
a
3
violation
of
the
unauthorized
placement
of
a
global
positioning
4
device
shall
be
considered
a
separate
and
distinct
offense.
5
A
serious
misdemeanor
is
punishable
by
confinement
for
no
6
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
7
$2,560.
An
aggravated
misdemeanor
is
punishable
by
confinement
8
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
9
not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
10
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
11
$1,025
but
not
more
than
$10,245.
12
-2-
LSB
1807YH
(2)
90
as/rh
2/
2