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House File 775 - EnrolledAn Actconcerning unauthorized entry or access, including
placement or use of a camera or electronic surveillance
device while trespassing, unauthorized gathering of samples
of certain materials relating to animals and animal feeding
operations, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 716.14 Unauthorized sampling.
1. As used in this section, unless the context otherwise
requires:
a. “Agricultural animal” means an animal belonging to
the bovine, caprine, equine, ovine, or porcine species; farm
deer as defined in section 170.1; ostriches, rheas, and emus;
turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private
waters for human consumption; or honey bees.
b. “Agricultural crop” means a plant produced for food,
animal feed, fiber, oil, or fuel if the plant is classified as
a forage or cereal plant, including but not limited to alfalfa,
barley, buckwheat, corn, flax, forage, hemp as defined in
section 204.2, millet, oats, popcorn, rye, sorghum, soybeans,
sunflowers, wheat, and grasses used for forage or silage. A
plant which is a noxious weed pursuant to section 317.1A shall
not be considered an agricultural crop unless the plant is
produced as a research crop.
c. (1) “Convicted” means the entry of a judgment of
conviction under chapter 901 or adjudicated delinquent for an
act which is an indictable offense in this state or in another
state under chapter 232.
(2) “Convicted” does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has
been reversed or otherwise set aside.
2. A person commits unauthorized sampling, if the person
knowingly enters private property, without consent of the owner
or any other person having real or apparent authority to grant
consent, and obtains samples of any of the following:
a. Bodily fluids or substances from an agricultural animal.
b. Any product from an agricultural animal.
c. Soil, air, surface water, or ground water from land or
structures used for the production of an agricultural animal or
the production of an agricultural crop.
3. A person who commits unauthorized sampling as provided in
-1-subsection 2 is guilty of an aggravated misdemeanor.
4. Notwithstanding subsection 3, a person who commits
unauthorized sampling as provided in subsection 2 is guilty of
a class “D” felony if the person has previously been convicted
of committing unauthorized sampling under subsection 2.
Sec. 2. NEW SECTION. 727.8A Cameras or electronic
surveillance devices — trespass.
A person committing a trespass as defined in section
716.7 who knowingly places or uses a camera or electronic
surveillance device that transmits or records images or data
while the device is on the trespassed property commits an
aggravated misdemeanor for a first offense and a class D felony
for a second or subsequent offense.
-2-______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 775, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernorje/rn/md
placement or use of a camera or electronic surveillance
device while trespassing, unauthorized gathering of samples
of certain materials relating to animals and animal feeding
operations, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 716.14 Unauthorized sampling.
1. As used in this section, unless the context otherwise
requires:
a. “Agricultural animal” means an animal belonging to
the bovine, caprine, equine, ovine, or porcine species; farm
deer as defined in section 170.1; ostriches, rheas, and emus;
turkeys, chickens, domestic geese or ducks, or other domestic fowl; fish or other aquatic organisms confined in private
waters for human consumption; or honey bees.
b. “Agricultural crop” means a plant produced for food,
animal feed, fiber, oil, or fuel if the plant is classified as
a forage or cereal plant, including but not limited to alfalfa,
barley, buckwheat, corn, flax, forage, hemp as defined in
section 204.2, millet, oats, popcorn, rye, sorghum, soybeans,
sunflowers, wheat, and grasses used for forage or silage. A
plant which is a noxious weed pursuant to section 317.1A shall
not be considered an agricultural crop unless the plant is
produced as a research crop.
c. (1) “Convicted” means the entry of a judgment of
conviction under chapter 901 or adjudicated delinquent for an
act which is an indictable offense in this state or in another
state under chapter 232.
(2) “Convicted” does not mean a plea, sentence,
adjudication, deferred sentence, or deferred judgment which has
been reversed or otherwise set aside.
2. A person commits unauthorized sampling, if the person
knowingly enters private property, without consent of the owner
or any other person having real or apparent authority to grant
consent, and obtains samples of any of the following:
a. Bodily fluids or substances from an agricultural animal.
b. Any product from an agricultural animal.
c. Soil, air, surface water, or ground water from land or
structures used for the production of an agricultural animal or
the production of an agricultural crop.
3. A person who commits unauthorized sampling as provided in
-1-subsection 2 is guilty of an aggravated misdemeanor.
4. Notwithstanding subsection 3, a person who commits
unauthorized sampling as provided in subsection 2 is guilty of
a class “D” felony if the person has previously been convicted
of committing unauthorized sampling under subsection 2.
Sec. 2. NEW SECTION. 727.8A Cameras or electronic
surveillance devices — trespass.
A person committing a trespass as defined in section
716.7 who knowingly places or uses a camera or electronic
surveillance device that transmits or records images or data
while the device is on the trespassed property commits an
aggravated misdemeanor for a first offense and a class D felony
for a second or subsequent offense.
-2-______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 775, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernorje/rn/md