House File 290 - IntroducedA Bill ForAn Act 1relating to trespass and making penalties applicable.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 716.7, subsection 2, paragraph a,
2subparagraph (1), Code 2021, is amended to read as follows:
   3(1)  Entering upon or in property without the express
4permission of the owner, lessee, or person in lawful possession
5with the intent to commit a public offense, to use, remove
6therefrom, alter, damage, harass, or place thereon or therein
7anything animate or inanimate, or to hunt, fish or trap on or
8in the property, including the act of taking or attempting to
9take a deer, other than a farm deer as defined in section 170.1
10or preserve whitetail as defined in section 484C.1, which is
11on or in the property by a person who is outside the property.
12This subparagraph does not prohibit the unarmed pursuit on foot
13 of game or fur-bearing animals by a person who lawfully injured
14or killed the game or fur-bearing animal which comes to rest on
15or escapes to the property of another.
16   Sec. 2.  Section 716.7, subsection 2, paragraph a, Code 2021,
17is amended by adding the following new subparagraph:
18   NEW SUBPARAGRAPH.  (8)  The free casting of a dog or dogs
19from the road right-of-way or from an adjacent property onto
20adjoining property without the permission of the adjoining
21property landowner or tenant in the pursuit of coyote. For
22purposes of this subparagraph, “free casting” means the
23intentional release of an unleashed dog to trail or track game.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
   27This bill relates to trespass.
   28The bill provides that trespass does not include the unarmed
29pursuit on foot of game or fur-bearing animals by a person who
30lawfully injured or killed the game or fur-bearing animal which
31comes to rest on or escapes to the property of another.
   32The bill provides that trespass includes the free casting of
33a dog or dogs from the road right-of-way or from an adjacent
34property onto adjoining property without the permission of
35the adjoining property landowner or tenant in the pursuit of
-1-1coyote. “Free casting” means the intentional release of an
2unleashed dog to trail or track game.
   3A person who commits trespass commits a simple misdemeanor,
4aggravated misdemeanor, serious misdemeanor, or class “D”
5felony depending on the circumstances of the offense.
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