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House Study Bill 82 - IntroducedA Bill ForAn Act 1relating to the assessment of an agricultural theft
2surcharge on criminal offenses involving the theft of crops,
3livestock, or honeybees, and making an appropriation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.8102, subsection 135A, Code 2019, is
2amended to read as follows:
3135A. Assess the surcharges provided by sections 911.1,
4911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
5 Sec. 2. Section 602.8108, Code 2019, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 5A. The clerk of the district court
8shall remit all moneys collected from the agricultural theft
9surcharge as provided in section 911.5 to the state court
10administrator. The moneys are appropriated to the judicial
11branch for purposes of supporting judicial branch operations.
12 Sec. 3. Section 902.9, subsection 2, Code 2019, is amended
13to read as follows:
142. The surcharges required by sections 911.1, 911.2,
15911.2A, and 911.3, and 911.5 shall be added to a fine imposed
16on a class “C” or class “D” felon, as provided by those
17sections, and are not a part of or subject to the maximums set
18in this section.
19 Sec. 4. NEW SECTION. 911.5 Agricultural theft surcharge.
201. In addition to any other surcharge, the court or clerk of
21the district court shall assess an agricultural theft surcharge
22equal to thirty-five percent of the fine or forfeiture
23imposed, if an adjudication of guilt or a deferred judgment
24has been entered for a criminal violation under section 714.2,
25subsection 1 or 2, for theft of any of the following:
26a. A crop as defined in section 717A.1.
27b. Livestock as defined in section 717.1.
28c. (1) A colony or package as defined in section 160.1A,
29or a hive where bees are kept as described in section 160.5,
30if the department of agriculture and land stewardship is
31authorized by that chapter to inspect the colony, package, or
32hive or to regulate the movement of the colony, package, or
33hive.
34(2) A queen bee that is part of a colony or is being moved
35to be part of a colony as described in subparagraph (1).
-1- 12. The surcharge shall be remitted by the clerk of the
2district court as provided in section 602.8108, subsection 5A.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6GENERAL. This bill requires that a person convicted of a
7class “C” or class “D” felony for theft of a crop, livestock,
8or honeybees be assessed an agricultural theft surcharge equal
9to 35 percent of the fine or forfeiture imposed. The moneys
10are remitted to the state court administrator and appropriated
11to the judicial branch for purposes of supporting judicial
12branch operations.
13BACKGROUND — PROPERTY SUBJECT TO THEFT. A crop is any plant
14maintained for its parts or products having commercial value,
15including a plant produced from an agricultural seed (Code
16section 199.1), or a plant which is a tree, shrub, vine, berry
17plant, greenhouse plant, or flower. Livestock is an animal
18belonging to the bovine, caprine, equine, ovine, or porcine
19species, or an ostrich, rhea, emus, farm deer, or poultry.
20Honeybees are kept as a colony and enclosed in a container (or
21hive with moveable frames) with combs where worker bees and a
22queen bee reside. A honeybee may also be kept in a package
23during shipment.
24DEGREES OF THEFT. Generally, the theft of property
25exceeding $10,000 in value is a class “C” felony (Code section
26714.2(1)) and punishable by confinement for no more than 10
27years and a fine of at least $1,000 but not more than $10,000
28and the theft of property exceeding $1,000 but not exceeding
29$10,000 in value is a class “D” felony and punishable by
30confinement for no more than five years and a fine of at least
31$750 but not more than $7,500 (Code section 714.2(2)).
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2surcharge on criminal offenses involving the theft of crops,
3livestock, or honeybees, and making an appropriation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.8102, subsection 135A, Code 2019, is
2amended to read as follows:
3135A. Assess the surcharges provided by sections 911.1,
4911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
5 Sec. 2. Section 602.8108, Code 2019, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 5A. The clerk of the district court
8shall remit all moneys collected from the agricultural theft
9surcharge as provided in section 911.5 to the state court
10administrator. The moneys are appropriated to the judicial
11branch for purposes of supporting judicial branch operations.
12 Sec. 3. Section 902.9, subsection 2, Code 2019, is amended
13to read as follows:
142. The surcharges required by sections 911.1, 911.2,
15911.2A, and 911.3, and 911.5 shall be added to a fine imposed
16on a class “C” or class “D” felon, as provided by those
17sections, and are not a part of or subject to the maximums set
18in this section.
19 Sec. 4. NEW SECTION. 911.5 Agricultural theft surcharge.
201. In addition to any other surcharge, the court or clerk of
21the district court shall assess an agricultural theft surcharge
22equal to thirty-five percent of the fine or forfeiture
23imposed, if an adjudication of guilt or a deferred judgment
24has been entered for a criminal violation under section 714.2,
25subsection 1 or 2, for theft of any of the following:
26a. A crop as defined in section 717A.1.
27b. Livestock as defined in section 717.1.
28c. (1) A colony or package as defined in section 160.1A,
29or a hive where bees are kept as described in section 160.5,
30if the department of agriculture and land stewardship is
31authorized by that chapter to inspect the colony, package, or
32hive or to regulate the movement of the colony, package, or
33hive.
34(2) A queen bee that is part of a colony or is being moved
35to be part of a colony as described in subparagraph (1).
-1- 12. The surcharge shall be remitted by the clerk of the
2district court as provided in section 602.8108, subsection 5A.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6GENERAL. This bill requires that a person convicted of a
7class “C” or class “D” felony for theft of a crop, livestock,
8or honeybees be assessed an agricultural theft surcharge equal
9to 35 percent of the fine or forfeiture imposed. The moneys
10are remitted to the state court administrator and appropriated
11to the judicial branch for purposes of supporting judicial
12branch operations.
13BACKGROUND — PROPERTY SUBJECT TO THEFT. A crop is any plant
14maintained for its parts or products having commercial value,
15including a plant produced from an agricultural seed (Code
16section 199.1), or a plant which is a tree, shrub, vine, berry
17plant, greenhouse plant, or flower. Livestock is an animal
18belonging to the bovine, caprine, equine, ovine, or porcine
19species, or an ostrich, rhea, emus, farm deer, or poultry.
20Honeybees are kept as a colony and enclosed in a container (or
21hive with moveable frames) with combs where worker bees and a
22queen bee reside. A honeybee may also be kept in a package
23during shipment.
24DEGREES OF THEFT. Generally, the theft of property
25exceeding $10,000 in value is a class “C” felony (Code section
26714.2(1)) and punishable by confinement for no more than 10
27years and a fine of at least $1,000 but not more than $10,000
28and the theft of property exceeding $1,000 but not exceeding
29$10,000 in value is a class “D” felony and punishable by
30confinement for no more than five years and a fine of at least
31$750 but not more than $7,500 (Code section 714.2(2)).
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