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
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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
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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.
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