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House File 2487 - ReprintedA Bill ForAn Act 1relating to the assessment of an agricultural property
2offense surcharge on criminal offenses involving 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 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 upon a conviction for committing any of the
33following:
34a. Theft of agricultural property under section 714.2,
35subsection 1, 2, or 3.
-1- 1b. Criminal mischief under section 716.3, 716.4, or 716.5,
2by damaging, defacing, altering, or destroying agricultural
3property.
42. As used in this section, agricultural property means any
5of the following:
6a. A crop as defined in section 717A.1.
7b. Livestock as defined in section 717.1.
8c. (1) A colony or package as defined in section 160.1A,
9or a hive where bees are kept as described in section 160.5,
10if the department of agriculture and land stewardship is
11authorized by that chapter to inspect the colony, package, or
12hive or to regulate the movement of the colony, package, or
13hive.
14(2) A queen bee that is part of a colony or is being moved
15to be part of a colony as described in subparagraph (1).
163. The surcharge shall be remitted by the clerk of the
17district court as provided in section 602.8108, subsection 5A.
da/rj/md
2offense surcharge on criminal offenses involving 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 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 upon a conviction for committing any of the
33following:
34a. Theft of agricultural property under section 714.2,
35subsection 1, 2, or 3.
-1- 1b. Criminal mischief under section 716.3, 716.4, or 716.5,
2by damaging, defacing, altering, or destroying agricultural
3property.
42. As used in this section, agricultural property means any
5of the following:
6a. A crop as defined in section 717A.1.
7b. Livestock as defined in section 717.1.
8c. (1) A colony or package as defined in section 160.1A,
9or a hive where bees are kept as described in section 160.5,
10if the department of agriculture and land stewardship is
11authorized by that chapter to inspect the colony, package, or
12hive or to regulate the movement of the colony, package, or
13hive.
14(2) A queen bee that is part of a colony or is being moved
15to be part of a colony as described in subparagraph (1).
163. The surcharge shall be remitted by the clerk of the
17district court as provided in section 602.8108, subsection 5A.
da/rj/md