Bill Text: IA HF189 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring search warrants for certain activities under the jurisdiction of the natural resource commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-05 - Subcommittee: Paustian, Fisher and Sunde. H.J. 197. [HF189 Detail]
Download: Iowa-2019-HF189-Introduced.html
House
File
189
-
Introduced
HOUSE
FILE
189
BY
MITCHELL
(COMPANION
TO
SF
45
BY
ZAUN)
A
BILL
FOR
An
Act
requiring
search
warrants
for
certain
activities
under
1
the
jurisdiction
of
the
natural
resource
commission.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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189
Section
1.
Section
481A.12,
Code
2019,
is
amended
to
read
1
as
follows:
2
481A.12
Seizure
of
wildlife
taken
or
handled
illegally.
3
The
director
or
any
peace
officer
shall
seize
with
or
without
4
pursuant
to
a
search
warrant
and
take
possession
of
,
or
direct
5
the
disposal
of,
any
fish,
furs,
birds,
animals,
mussels,
6
clams,
or
frogs,
which
have
been
caught,
taken,
or
killed
at
7
a
time,
in
a
manner,
or
for
a
purpose,
or
had
in
possession
8
or
under
control,
or
offered
for
shipment,
or
illegally
9
transported
in
the
state
or
to
a
point
beyond
its
borders,
10
contrary
to
the
Code.
All
fish,
furs,
birds,
animals,
mussels,
11
clams,
or
frogs
seized
under
this
section
shall
be
relinquished
12
to
a
representative
of
the
commission
,
disposed
of,
or
and
kept
13
as
provided
in
section
481A.13
.
14
Sec.
2.
NEW
SECTION
.
481A.35A
Enforcement
——
search
warrant
15
required
——
exception.
16
1.
A
peace
officer
shall
not
enter
onto
private
property,
17
without
the
permission
of
the
owner
or
occupant
of
the
18
property,
for
the
purposes
of
investigating
a
violation
of
or
19
enforcing
a
provision
of
this
chapter
or
any
other
law
under
20
the
authority
of
the
natural
resource
commission
without
first
21
making
an
application
under
oath
or
affirmation
to
the
district
22
court
of
the
county
in
which
the
property
is
located
for
the
23
issuance
of
a
search
warrant
to
search
that
property.
However,
24
a
peace
officer
may
enter
onto
private
property
without
25
permission
or
a
search
warrant
if
the
officer
has
probable
26
cause
to
believe
that
illegal
activity
is
occurring
or
has
27
occurred
on
the
property
based
on
the
officer’s
own
first-hand
28
observations
that
are
made
from
a
location
at
which
the
officer
29
is
legally
authorized
to
be.
30
2.
The
court
may
issue
a
search
warrant,
after
examination
31
of
the
applicant
and
any
witnesses,
if
the
court
is
satisfied
32
that
there
is
probable
cause
to
believe
the
existence
of
the
33
allegations
in
the
application.
34
Sec.
3.
Section
483A.32,
subsection
1,
Code
2019,
is
amended
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to
read
as
follows:
1
1.
Subject
to
subsection
2
,
any
device,
contrivance,
or
2
material
used
to
violate
a
rule
adopted
by
the
commission,
or
3
any
other
provision
of
this
chapter
or
chapter
481A
,
481B
,
482
,
4
484A
,
or
484B
,
is
a
public
nuisance
and
may
be
condemned
by
the
5
state.
The
director,
the
director’s
officers,
or
any
peace
6
officer,
shall
seize
the
devices,
contrivances,
or
materials
7
used
as
a
public
nuisance,
without
warrant
or
process
pursuant
8
to
a
search
warrant
,
and
deliver
them
to
a
magistrate
having
9
jurisdiction.
An
automobile
shall
not
be
construed
to
be
a
10
public
nuisance
under
this
section
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
provides
that
when
the
director
of
the
department
15
of
natural
resources
or
the
director’s
officers
or
any
peace
16
officer
seizes
wildlife
possessed
or
taken
illegally,
or
seizes
17
property
used
to
violate
a
provision
of
the
natural
resources
18
laws
relating
to
wildlife,
the
director
or
officer
must
conduct
19
that
seizure
pursuant
to
a
search
warrant.
Currently,
such
20
seizure
may
be
accomplished
without
obtaining
a
search
warrant.
21
The
bill
also
provides
that
a
peace
officer
shall
not
enter
22
onto
private
property,
without
the
permission
of
the
owner
or
23
occupant
of
the
property,
for
the
purposes
of
investigating
24
a
violation
of
or
enforcing
the
wildlife
laws
arising
under
25
Code
chapter
481A
or
any
other
law
under
the
authority
of
26
the
natural
resource
commission
without
first
making
an
27
application
to
the
district
court
of
the
county
where
the
28
property
is
located
for
the
issuance
of
a
search
warrant
to
29
search
that
property.
However,
a
peace
officer
may
enter
onto
30
private
property
without
permission
or
a
search
warrant
if
the
31
officer
has
probable
cause
to
believe
that
illegal
activity
32
is
occurring
on
that
property
based
on
the
officer’s
own
33
first-hand
observations
that
are
made
from
a
location
at
which
34
the
officer
is
legally
authorized
to
be.
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