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Senate Study Bill 1058 - IntroducedA Bill ForAn Act 1relating to criminal trespass while hunting, fishing, or
2trapping, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 716.8, subsection 1, Code 2019, is
2amended to read as follows:
31. a. Any person who knowingly trespasses upon the
4property of another commits a simple misdemeanor punishable
5as a scheduled violation under section 805.8C, subsection 11.
6A peace officer shall consider arresting and may arrest the
7person under section 805.9, subsection 3, paragraph “c”, if
8the person refuses to leave the property after receiving a
9citation or immediately returns to the property after receiving
10a citation, or may arrest the person as otherwise provided
11under law.
12b. Any person who knowingly trespasses upon the property of
13another while hunting, fishing, or trapping commits a simple
14misdemeanor punishable as a scheduled violation under section
15805.8C, subsection 11. A person who commits a trespass while
16hunting in the manner specified in subsection 5 may also be
17subject to arrest and civil penalties as provided in subsection
185.
19 Sec. 2. Section 805.8C, subsection 11, Code 2019, is amended
20to read as follows:
2111. Trespassing violations. For trespasses punishable under
22section 716.8, subsection 1, paragraph “b” or subsection 716.8,
23subsection 5, the scheduled fine is two hundred dollars for a
24first violation, five hundred dollars for a second violation,
25and one thousand dollars for a third or subsequent violation.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to criminal trespass while hunting,
30fishing, or trapping and provides penalties and modifying
31penalties.
32Under current law, a person who knowingly trespasses
33upon the property of another commits a simple misdemeanor,
34punishable as a scheduled fine ranging from $200 to $1,000
35dependent on whether the violation is a first, second, or
-1-1third violation. The bill strikes this penalty and provides
2that a person who knowingly trespasses upon the property of
3another commits a simple misdemeanor. A simple misdemeanor is
4punishable by confinement for no more than 30 days or a fine of
5at least $65 but not more than $625 or both. The bill strikes
6language allowing a peace officer to arrest the person if the
7person refuses to leave the property after receiving a citation
8or if the person immediately returns to the property after
9receiving a citation.
10The bill provides that any person who knowingly trespasses
11upon the property of another while hunting, fishing, or
12trapping commits a simple misdemeanor punishable as a
13scheduled fine of $200 for a first violation, $500 for a second
14violation, and $1,000 for a third or subsequent violation,
15and also specifies that a person who commits a trespass while
16hunting deer, other than farm deer or preserve whitetail, may
17also be subject to arrest and civil penalties under current
18law.
-2-as/rh
2trapping, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 716.8, subsection 1, Code 2019, is
2amended to read as follows:
31. a. Any person who knowingly trespasses upon the
4property of another commits a simple misdemeanor punishable
5as a scheduled violation under section 805.8C, subsection 11.
6A peace officer shall consider arresting and may arrest the
7person under section 805.9, subsection 3, paragraph “c”, if
8the person refuses to leave the property after receiving a
9citation or immediately returns to the property after receiving
10a citation, or may arrest the person as otherwise provided
11under law.
12b. Any person who knowingly trespasses upon the property of
13another while hunting, fishing, or trapping commits a simple
14misdemeanor punishable as a scheduled violation under section
15805.8C, subsection 11. A person who commits a trespass while
16hunting in the manner specified in subsection 5 may also be
17subject to arrest and civil penalties as provided in subsection
185.
19 Sec. 2. Section 805.8C, subsection 11, Code 2019, is amended
20to read as follows:
2111. Trespassing violations. For trespasses punishable under
22section 716.8, subsection 1, paragraph “b” or subsection 716.8,
23subsection 5, the scheduled fine is two hundred dollars for a
24first violation, five hundred dollars for a second violation,
25and one thousand dollars for a third or subsequent violation.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to criminal trespass while hunting,
30fishing, or trapping and provides penalties and modifying
31penalties.
32Under current law, a person who knowingly trespasses
33upon the property of another commits a simple misdemeanor,
34punishable as a scheduled fine ranging from $200 to $1,000
35dependent on whether the violation is a first, second, or
-1-1third violation. The bill strikes this penalty and provides
2that a person who knowingly trespasses upon the property of
3another commits a simple misdemeanor. A simple misdemeanor is
4punishable by confinement for no more than 30 days or a fine of
5at least $65 but not more than $625 or both. The bill strikes
6language allowing a peace officer to arrest the person if the
7person refuses to leave the property after receiving a citation
8or if the person immediately returns to the property after
9receiving a citation.
10The bill provides that any person who knowingly trespasses
11upon the property of another while hunting, fishing, or
12trapping commits a simple misdemeanor punishable as a
13scheduled fine of $200 for a first violation, $500 for a second
14violation, and $1,000 for a third or subsequent violation,
15and also specifies that a person who commits a trespass while
16hunting deer, other than farm deer or preserve whitetail, may
17also be subject to arrest and civil penalties under current
18law.
-2-as/rh