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House File 2487 - IntroducedA Bill ForAn Act 1relating to the assessment of an agricultural property
2offense surcharge on criminal offenses involving crops,
3livestock, or honey bees, 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 2018, 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 2018, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 5A. The clerk of the district court shall
8remit all moneys collected from the agricultural property
9offense surcharge as provided in section 911.5 to the state
10court administrator. The moneys are appropriated to the
11judicial branch for purposes of supporting judicial branch
12operations.
13 Sec. 3. Section 902.9, subsection 2, Code 2018, 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. Section 903.1, subsection 4, Code 2018, is amended
21to read as follows:
224. The surcharges required by sections 911.1, 911.2,
23911.2A, 911.3, and 911.4, and 911.5 shall be added to a fine
24imposed on a misdemeanant as provided in those sections,
25and are not a part of or subject to the maximums set in this
26section.
27 Sec. 5. NEW SECTION. 911.5 Agricultural property offense
28surcharge.
291. In addition to any other surcharge, the court or clerk
30of the district court shall assess an agricultural property
31offense surcharge equal to thirty-five percent of the fine or
32forfeiture imposed, if an adjudication of guilt or a deferred
33judgment has been entered for a criminal offense for committing
34any of the following:
35a. Theft of agricultural property under section 714.2,
-1-1subsection 1, 2, or 3.
2b. Criminal mischief under section 716.3, 716.4, or 716.5,
3by damaging, defacing, altering, or destroying agricultural
4property.
52. As used in this section, agricultural property means any
6of the following:
7a. A crop as defined in section 717A.1.
8b. Livestock as defined in section 717.1.
9c. (1) A colony or package as defined in section 160.1A,
10or a hive where bees are kept as described in section 160.5,
11if the department of agriculture and land stewardship is
12authorized by that chapter to inspect the colony, package, or
13hive or to regulate the movement of the colony, package, or
14hive.
15(2) A queen bee that is part of a colony or is being moved
16to be part of a colony as described in subparagraph (1).
173. The surcharge shall be remitted by the clerk of the
18district court as provided in section 602.8108, subsection 5A.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill requires that a person convicted of a
23crime relating to agricultural property (agricultural property
24offense) is subject to surcharge (agricultural property offense
25surcharge) equal to 35 percent of the fine or forfeiture
26imposed by the court. The moneys are required to be remitted
27by the clerk of court to the state court administrator and are
28appropriated to the judicial branch for purposes of supporting
29judicial branch operations.
30AGRICULTURAL PROPERTY OFFENSE. The agricultural property
31offense must involve either: (1) the theft of agricultural
32property or (2) criminal mischief for damaging, defacing,
33altering, or destroying agricultural property. In addition,
34it must be classified as a first degree offense (class “C”
35felony), second degree offense (class “D” felony), or third
-2-1degree offense (aggravated misdemeanor).
2PROPERTY SUBJECT TO THEFT OR CRIMINAL MISCHIEF. The
3agricultural property is limited to: (1) a crop, (2)
4livestock, or (3) honey bees or associated items. A crop
5is any plant maintained for its parts or products having
6commercial value, including a plant produced from an
7agricultural seed, or a plant which is a tree, shrub, vine,
8berry plant, greenhouse plant, or flower. Livestock is an
9animal belonging to the bovine, caprine, equine, ovine, or
10porcine species, or an ostrich, rhea, emus, farm deer, or
11poultry. Honey bees are kept as a colony and enclosed in a
12container (or hive with moveable frames) with combs where
13worker bees and a queen bee reside. A honey bee may also be
14kept in a package during shipment.
15DEGREES OF THEFT OR CRIMINAL MISCHIEF. The degree of the
16offense for theft or criminal mischief, and its punishment,
17corresponds to the dollar amount of the value of the property
18subject to the offense. If the value exceeds $10,000, the
19offense is theft or criminal mischief in the first degree and
20punishable as a class “C” felony with confinement for no more
21than 10 years and a fine of at least $1,000 but not more than
22$10,000 (for theft, see Code section 714.2(1) and for criminal
23mischief, see Code section 716.3). If the value exceeds $1,000
24but does not exceed $10,000, the offense is classified as theft
25or criminal mischief in the second degree and punishable as a
26class “D” felony with confinement for no more than five years
27and a fine of at least $750 but not more than $7,500 (for theft,
28see Code section 714.2(2) and for criminal mischief, see Code
29section 716.4). If the value exceeds $500 but does not exceed
30$1,000, the offense is classified as theft or criminal mischief
31in the third degree and punishable as an aggravated misdemeanor
32with confinement for no more than two years and a fine of
33at least $625 but not more than $6,250 (for theft, see Code
34section 714.2(3) and for criminal mischief, see Code section
35716.5).
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2offense surcharge on criminal offenses involving crops,
3livestock, or honey bees, 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 2018, 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 2018, is amended by adding
6the following new subsection:
7 NEW SUBSECTION. 5A. The clerk of the district court shall
8remit all moneys collected from the agricultural property
9offense surcharge as provided in section 911.5 to the state
10court administrator. The moneys are appropriated to the
11judicial branch for purposes of supporting judicial branch
12operations.
13 Sec. 3. Section 902.9, subsection 2, Code 2018, 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. Section 903.1, subsection 4, Code 2018, is amended
21to read as follows:
224. The surcharges required by sections 911.1, 911.2,
23911.2A, 911.3, and 911.4, and 911.5 shall be added to a fine
24imposed on a misdemeanant as provided in those sections,
25and are not a part of or subject to the maximums set in this
26section.
27 Sec. 5. NEW SECTION. 911.5 Agricultural property offense
28surcharge.
291. In addition to any other surcharge, the court or clerk
30of the district court shall assess an agricultural property
31offense surcharge equal to thirty-five percent of the fine or
32forfeiture imposed, if an adjudication of guilt or a deferred
33judgment has been entered for a criminal offense for committing
34any of the following:
35a. Theft of agricultural property under section 714.2,
-1-1subsection 1, 2, or 3.
2b. Criminal mischief under section 716.3, 716.4, or 716.5,
3by damaging, defacing, altering, or destroying agricultural
4property.
52. As used in this section, agricultural property means any
6of the following:
7a. A crop as defined in section 717A.1.
8b. Livestock as defined in section 717.1.
9c. (1) A colony or package as defined in section 160.1A,
10or a hive where bees are kept as described in section 160.5,
11if the department of agriculture and land stewardship is
12authorized by that chapter to inspect the colony, package, or
13hive or to regulate the movement of the colony, package, or
14hive.
15(2) A queen bee that is part of a colony or is being moved
16to be part of a colony as described in subparagraph (1).
173. The surcharge shall be remitted by the clerk of the
18district court as provided in section 602.8108, subsection 5A.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill requires that a person convicted of a
23crime relating to agricultural property (agricultural property
24offense) is subject to surcharge (agricultural property offense
25surcharge) equal to 35 percent of the fine or forfeiture
26imposed by the court. The moneys are required to be remitted
27by the clerk of court to the state court administrator and are
28appropriated to the judicial branch for purposes of supporting
29judicial branch operations.
30AGRICULTURAL PROPERTY OFFENSE. The agricultural property
31offense must involve either: (1) the theft of agricultural
32property or (2) criminal mischief for damaging, defacing,
33altering, or destroying agricultural property. In addition,
34it must be classified as a first degree offense (class “C”
35felony), second degree offense (class “D” felony), or third
-2-1degree offense (aggravated misdemeanor).
2PROPERTY SUBJECT TO THEFT OR CRIMINAL MISCHIEF. The
3agricultural property is limited to: (1) a crop, (2)
4livestock, or (3) honey bees or associated items. A crop
5is any plant maintained for its parts or products having
6commercial value, including a plant produced from an
7agricultural seed, or a plant which is a tree, shrub, vine,
8berry plant, greenhouse plant, or flower. Livestock is an
9animal belonging to the bovine, caprine, equine, ovine, or
10porcine species, or an ostrich, rhea, emus, farm deer, or
11poultry. Honey bees are kept as a colony and enclosed in a
12container (or hive with moveable frames) with combs where
13worker bees and a queen bee reside. A honey bee may also be
14kept in a package during shipment.
15DEGREES OF THEFT OR CRIMINAL MISCHIEF. The degree of the
16offense for theft or criminal mischief, and its punishment,
17corresponds to the dollar amount of the value of the property
18subject to the offense. If the value exceeds $10,000, the
19offense is theft or criminal mischief in the first degree and
20punishable as a class “C” felony with confinement for no more
21than 10 years and a fine of at least $1,000 but not more than
22$10,000 (for theft, see Code section 714.2(1) and for criminal
23mischief, see Code section 716.3). If the value exceeds $1,000
24but does not exceed $10,000, the offense is classified as theft
25or criminal mischief in the second degree and punishable as a
26class “D” felony with confinement for no more than five years
27and a fine of at least $750 but not more than $7,500 (for theft,
28see Code section 714.2(2) and for criminal mischief, see Code
29section 716.4). If the value exceeds $500 but does not exceed
30$1,000, the offense is classified as theft or criminal mischief
31in the third degree and punishable as an aggravated misdemeanor
32with confinement for no more than two years and a fine of
33at least $625 but not more than $6,250 (for theft, see Code
34section 714.2(3) and for criminal mischief, see Code section
35716.5).
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