Senate Study Bill 3171 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON SWEENEY) A BILL FOR An Act relating to restrictions on conservation officers, 1 including entering homes and camera placement. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6769XC (3) 91 sb/js
S.F. _____ Section 1. NEW SECTION . 455B.106 Conservation officers —— 1 restrictions. 2 1. For purposes of this section: 3 a. “Conservation officer” means an officer or supervisory 4 personnel authorized under section 456A.13 or a temporary 5 officer appointed pursuant to section 456A.14. 6 b. “Home” means any private residence that is owned, leased, 7 used, or occupied, including the curtilage surrounding the 8 residence. 9 c. “Open fields” means land, excluding any home, that is 10 owned, leased, used, or occupied by a natural person or a 11 nongovernmental entity. 12 d. “Private land” means land that is owned, leased, used, 13 or occupied by a natural person or a nongovernmental entity, 14 including all such lands that would otherwise be considered 15 open fields. 16 2. a. A conservation officer shall not enter a home without 17 a warrant except after receiving the permission of the property 18 owner, lessee, or occupant. 19 b. Unless entering under the exception in paragraph “a” , 20 the conservation officer shall show the warrant to the property 21 owner, lessee, or occupant if such person is present. 22 3. A conservation officer shall not place a camera or 23 electronic surveillance device that transmits or records images 24 or data in a home or on private land without a warrant except 25 after receiving the permission of the property owner, lessee, 26 or occupant. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to restrictions on conservation officers, 31 including entering homes and camera placement. 32 The bill prohibits a conservation officer from entering a 33 home without a warrant unless given permission by the occupant. 34 The bill also requires the conservation officer to show the 35 -1- LSB 6769XC (3) 91 sb/js 1/ 2
S.F. _____ occupant a warrant unless entering the home under the exception 1 provided in the bill. 2 The bill explicitly prohibits a conservation officer from 3 placing a surveillance device in the home or on private land 4 unless given permission by the occupant. 5 -2- LSB 6769XC (3) 91 sb/js 2/ 2