House File 553 - 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.
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 court
11technology and modernization fund established in subsection 9,
12to be used for the purposes described in that subsection.
13   Sec. 3.  Section 902.9, subsection 2, Code 2019, is amended
14to read as follows:
   152.  The surcharges required by sections 911.1, 911.2,
16911.2A, and 911.3, and 911.5 shall be added to a fine imposed
17on a class “C” or class “D” felon, as provided by those
18sections, and are not a part of or subject to the maximums set
19in this section.
20   Sec. 4.  NEW SECTION.  911.5  Agricultural theft surcharge.
   211.  In addition to any other surcharge, the court or clerk of
22the district court shall assess an agricultural theft surcharge
23equal to five hundred dollars, if an adjudication of guilt or
24a deferred judgment has been entered for a criminal violation
25involving any of the following:
   26a.  Theft of agricultural property under section 714.2,
27subsection 1, 2, or 3.
   28b.  Criminal mischief under section 716.3, 716.4, or 716.5,
29by damaging, defacing, altering, or destroying agricultural
   312.  As used in this section, agricultural property means any
32of the following:
   33a.  A crop as defined in section 717A.1.
   34b.  Livestock as defined in section 717.1.
   35c.  (1)  A colony or package as defined in section 160.1A,
-1-1or a hive where bees are kept as described in section 160.5,
2if the department of agriculture and land stewardship is
3authorized by that chapter to inspect the colony, package, or
4hive or to regulate the movement of the colony, package, or
   6(2)  A queen bee that is part of a colony or is being moved
7to be part of a colony as described in subparagraph (1).
   83.  The surcharge shall be remitted by the clerk of the
9district court as provided in section 602.8108, subsection 5A.
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
   13GENERAL. This bill requires that a person convicted of a
14class “C” felony, class “D” felony, or aggravated misdemeanor,
15for an offense classified as theft or criminal mischief shall
16be assessed an agricultural theft surcharge equal to $500.
17The moneys are remitted to the state court administrator and
18appropriated to the court technology and modernization fund
19for use by the judicial branch to enhance the ability of the
20judicial branch to process cases more quickly and efficiently,
21to electronically transmit information to state government,
22local governments, law enforcement agencies, and the public,
23and to improve public access to the court system (Code section
26surcharge is assessed again a crop which is any plant
27maintained for its parts or products having commercial value,
28including a plant produced from an agricultural seed (Code
29section 199.1), or a plant which is a tree, shrub, vine, berry
30plant, greenhouse plant, or flower. It is also assessed
31against livestock which includes an animal belonging to the
32bovine, caprine, equine, ovine, or porcine species, or an
33ostrich, rhea, emus, farm deer, or poultry (Code section
34717.1). Honeybees are kept as a colony and enclosed in a
35container (or hive with movable frames) with combs where worker
-2-1bees and a queen bee reside (Code chapter 160).
3 Generally, the theft of or damage to property exceeding $10,000
4is a class “C” felony (for theft, Code section 714.2(1) and
5for criminal mischief, Code section 716.3) and is punishable
6by confinement for no more than 10 years and a fine of at
7least $1,000 but no more than $10,000. The theft of property
8exceeding $1,000 but not exceeding $10,000 is a class “D”
9felony (for theft, Code section 714.2(2) and for criminal
10mischief, Code section 716.4) and is punishable by confinement
11for no more than five years and a fine of at least $750 but no
12more than $7,500. The theft of or damage to property exceeding
13$500 but not exceeding $1,000 is an aggravated misdemeanor (for
14theft, Code section 714.2(3) and for criminal mischief, Code
15section 714.2(3)) and is punishable by confinement for no more
16than two years and a fine of at least $625 but not more than