House File 775 - Reprinted HOUSE FILE 775 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 78) (As Amended and Passed by the House March 23, 2021 ) A BILL FOR An Act concerning unauthorized entry or access, including 1 placement or use of a camera or electronic surveillance 2 device while trespassing, unauthorized gathering of samples 3 of certain materials relating to animals and animal feeding 4 operations, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 775 (3) 89 je/rn/md
H.F. 775 Section 1. NEW SECTION . 716.14 Unauthorized sampling. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Agricultural animal” means an animal belonging to 4 the bovine, caprine, equine, ovine, or porcine species; farm 5 deer as defined in section 170.1; ostriches, rheas, and emus; 6 turkeys, chickens, domestic geese or ducks, or other domestic 7 fowl; fish or other aquatic organisms confined in private 8 waters for human consumption; or honey bees. 9 b. “Agricultural crop” means a plant produced for food, 10 animal feed, fiber, oil, or fuel if the plant is classified as 11 a forage or cereal plant, including but not limited to alfalfa, 12 barley, buckwheat, corn, flax, forage, hemp as defined in 13 section 204.2, millet, oats, popcorn, rye, sorghum, soybeans, 14 sunflowers, wheat, and grasses used for forage or silage. A 15 plant which is a noxious weed pursuant to section 317.1A shall 16 not be considered not an agricultural crop unless the plant is 17 produced as a research crop. 18 c. (1) “Convicted” means the entry of a judgment of 19 conviction under chapter 901 or adjudicated delinquent for an 20 act which is an indictable offense in this state or in another 21 state under chapter 232. 22 (2) “Convicted” does not mean a plea, sentence, 23 adjudication, deferred sentence, or deferred judgment which has 24 been reversed or otherwise set aside. 25 2. A person commits unauthorized sampling, if the person 26 knowingly enters private property, without consent of the owner 27 or any other person having real or apparent authority to grant 28 consent, and obtains samples of any of the following: 29 a. Bodily fluids or substances from an agricultural animal. 30 b. Any product from an agricultural animal. 31 c. Soil, air, surface water, or ground water from land or 32 structures used for the production of an agricultural animal or 33 the production of an agricultural crop. 34 3. A person who commits unauthorized sampling as provided in 35 -1- HF 775 (3) 89 je/rn/md 1/ 2
H.F. 775 subsection 2 is guilty of an aggravated misdemeanor. 1 4. Notwithstanding subsection 3, a person who commits 2 unauthorized sampling as provided in subsection 2 is guilty of 3 a class “D” felony if the person has previously been convicted 4 of committing unauthorized sampling under subsection 2. 5 Sec. 2. NEW SECTION . 727.8A Cameras or electronic 6 surveillance devices —— trespass. 7 A person committing a trespass as defined in section 8 716.7 who knowingly places or uses a camera or electronic 9 surveillance device that transmits or records images or data 10 while the device is on the trespassed property commits an 11 aggravated misdemeanor for a first offense and a class D felony 12 for a second or subsequent offense. 13 -2- HF 775 (3) 89 je/rn/md 2/ 2