HF 69 (LSB 1279YH (6) 87)

HOUSE FILE 69

BY  HEARTSILL

(As Amended and Passed by the House 2017-03-07)

A BILL FOR

An Act  modifying penalties for trespassing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 716.8, subsections 1 and 5, Code 2017, are amended to read as follows:
   1.  Any person who knowingly trespasses upon the property of another commits a simple misdemeanor, except that any person who intentionally trespasses as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11.
   5.  A person who commits a trespass while hunting deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. The person shall also be subject to civil penalties as provided in sections 481A.130 and 481A.131. A deer taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12.
    Sec. 2.  Section 716.8, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  Any person who intentionally trespasses as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor.
    Sec. 3.  Section 805.8C, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Trespassing violations.  For trespasses punishable under section 716.8, subsection 1 or 5, the scheduled fine is two hundred dollars for a first violation, five hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation.