Bill Text: IA HF2193 | 2015-2016 | 86th General Assembly | Introduced

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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 14-0)

Status: (Introduced - Dead) 2016-03-11 - Rereferred to Judiciary. H.J. 456. [HF2193 Detail]

Download: Iowa-2015-HF2193-Introduced.html

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House File 2193 - Introduced




                                 HOUSE FILE       
                                 BY  HEARTSILL, R. TAYLOR,
                                     GASSMAN, HOLT, KLEIN,
                                     MOMMSEN, KAUFMANN,
                                     WATTS, T. MOORE,
                                     BAUDLER, BAXTER,
                                     SALMON, SHEETS, and
                                     BRANHAGEN

                                      A BILL FOR

  1 An Act requiring search warrants for certain activities under
  2    the jurisdiction of the natural resource commission.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 481A.12, Code 2016, is amended to read
  1  2 as follows:
  1  3    481A.12  Seizure of wildlife taken or handled illegally.
  1  4    The director or any peace officer shall seize with or without
  1  5  pursuant to a search warrant and take possession of, or direct
  1  6 the disposal of, any fish, furs, birds, or animals, or mussels,
  1  7 clams, or frogs, which have been caught, taken, or killed at
  1  8 a time, in a manner, or for a purpose, or had in possession
  1  9 or under control, or offered for shipment, or illegally
  1 10 transported in the state or to a point beyond its borders,
  1 11 contrary to the Code. All fish, furs, birds, or animals, or
  1 12 mussels, clams, or frogs seized under this section may shall be
  1 13 relinquished to a representative of the commission or disposed
  1 14 of and kept as provided in section 481A.13.
  1 15    Sec. 2.  NEW SECTION.  481A.35A  Enforcement ==== search warrant
  1 16 required ==== exception.
  1 17    1.  A peace officer shall not enter onto private property,
  1 18 without the permission of the owner or occupant of the
  1 19 property, for the purposes of investigating a violation of or
  1 20 enforcing a provision of this chapter or any other law under
  1 21 the authority of the natural resource commission without first
  1 22 making an application under oath or affirmation to the district
  1 23 court of the county in which the property is located for the
  1 24 issuance of a search warrant to search that property.  However,
  1 25 a peace officer may enter onto private property without
  1 26 permission or a search warrant if the officer has probable
  1 27 cause to believe that illegal activity is occurring or has
  1 28 occurred on the property based on the officer's own first=hand
  1 29 observations that are made from a location at which the officer
  1 30 is legally authorized to be.
  1 31    2.  The court may issue a search warrant, after examination
  1 32 of the applicant and any witnesses, if the court is satisfied
  1 33 that there is probable cause to believe the existence of the
  1 34 allegations in the application.
  1 35    Sec. 3.  Section 483A.32, Code 2016, is amended to read as
  2  1 follows:
  2  2    483A.32  Public nuisance.
  2  3    Any device, contrivance, or material used to violate a rule
  2  4 adopted by the commission, or any other provision of this
  2  5 chapter or chapter 481A, 481B, 482, 484A, or 484B, is a public
  2  6 nuisance and may be condemned by the state. The director, the
  2  7 director's officers, or any peace officer, shall seize the
  2  8 devices, contrivances, or materials used as a public nuisance,
  2  9 without warrant or process pursuant to a search warrant,
  2 10 and deliver them to a magistrate having jurisdiction. An
  2 11 automobile shall not be construed to be a public nuisance under
  2 12 this section.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    This bill provides that when the director of the department
  2 17 of natural resources or the director's officers or any peace
  2 18 officer seizes wildlife possessed or taken illegally, or seizes
  2 19 property used to violate a provision of the natural resources
  2 20 laws relating to wildlife, the director or officer must conduct
  2 21 that seizure pursuant to a search warrant. Currently, such
  2 22 seizure may be accomplished without obtaining a search warrant.
  2 23    The bill also provides that a peace officer shall not enter
  2 24 onto private property, without the permission of the owner or
  2 25 occupant of the property, for the purposes of investigating
  2 26 a violation of or enforcing the wildlife laws arising under
  2 27 Code chapter 481A or any other law under the authority of
  2 28 the natural resource commission, without first making an
  2 29 application to the district court of the county where the
  2 30 property is located for the issuance of a search warrant to
  2 31 search that property.  However, a peace officer may enter onto
  2 32 private property without permission or a search warrant if the
  2 33 officer has probable cause to believe that illegal activity
  2 34 is occurring on that property based on the officer's own
  2 35 first=hand observations that are made from a location at which
  3  1 the officer is legally authorized to be.
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