Bill Text: IA HF649 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to an offense involving trespass to agricultural production facilities, and providing penalties. (Formerly HSB 236.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-03-12 - Withdrawn. H.J. 524. [HF649 Detail]
Download: Iowa-2019-HF649-Introduced.html
House
File
649
-
Introduced
HOUSE
FILE
649
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
236)
A
BILL
FOR
An
Act
relating
to
an
offense
involving
trespass
to
1
agricultural
production
facilities,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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649
Section
1.
NEW
SECTION
.
717A.3B
Agricultural
production
1
facility
trespass.
2
1.
A
person
commits
agricultural
production
facility
3
trespass
if
the
person
does
any
of
the
following:
4
a.
Uses
deception
as
described
in
section
702.9,
subsection
5
1
or
2,
on
a
matter
that
would
reasonably
result
in
a
denial
of
6
access
to
an
agricultural
production
facility
that
is
not
open
7
to
the
public,
and,
through
such
deception,
gains
access
to
8
the
agricultural
production
facility,
with
the
intent
to
cause
9
physical
or
economic
harm
or
other
injury
to
the
agricultural
10
production
facility’s
operations,
agricultural
animals,
crop,
11
owner,
personnel,
equipment,
building,
premises,
business
12
interest,
or
customer.
13
b.
Uses
deception
as
described
in
section
702.9,
subsection
14
1
or
2,
on
a
matter
that
would
reasonably
result
in
a
denial
15
of
an
opportunity
to
be
employed
at
an
agricultural
production
16
facility
that
is
not
open
to
the
public,
and,
through
such
17
deception,
is
so
employed,
with
the
intent
to
cause
physical
or
18
economic
harm
or
other
injury
to
the
agricultural
production
19
facility’s
operations,
agricultural
animals,
crop,
owner,
20
personnel,
equipment,
building,
premises,
business
interest,
21
or
customer.
22
2.
A
person
who
commits
agricultural
production
facility
23
trespass
is
guilty
of
a
serious
misdemeanor
for
a
first
offense
24
and
an
aggravated
misdemeanor
for
a
second
or
subsequent
25
offense.
26
3.
A
person
who
conspires
with
another,
as
described
in
27
section
706.1,
to
commit
agricultural
production
facility
28
trespass
is
guilty
of
a
serious
misdemeanor
for
a
first
offense
29
and
an
aggravated
misdemeanor
for
a
second
or
subsequent
30
offense.
For
purposes
of
this
subsection,
a
person
commits
31
conspiracy
to
commit
agricultural
production
facility
trespass,
32
without
regard
to
the
limitation
of
criminal
liability
for
33
conspiracy
otherwise
applicable
under
section
706.1,
subsection
34
1.
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H.F.
649
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
amends
Code
chapter
717A,
which
provides
that
a
4
person
who
disrupts
agricultural
production
at
an
agricultural
5
production
facility
(facility)
is
subject
to
criminal
6
prosecution.
A
facility
is
a
location
where
agricultural
7
animals
or
crops
are
maintained,
and
includes
related
real
8
or
personal
property.
The
bill
creates
the
criminal
offense
9
of
agricultural
production
facility
trespass
which
involves
10
the
use
of
deception
to
obtain
access
to
a
facility,
which
is
11
not
open
to
the
public,
with
the
intent
to
cause
physical
or
12
economic
harm
or
other
injury
to
the
facility’s
operations,
13
property,
or
persons.
The
offense
also
involves
obtaining
14
employment
with
the
agricultural
production
facility
by
15
deception
with
the
intent
to
cause
physical
or
economic
harm
16
or
other
injury
to
the
facility’s
operations,
property,
or
17
persons.
18
A
person
who
commits
agricultural
production
facility
19
trespass
is
guilty
of
a
serious
misdemeanor
for
a
first
offense
20
and
an
aggravated
misdemeanor
for
a
second
or
subsequent
21
offense.
The
bill
also
expressly
provides
for
the
application
22
of
the
conspiracy
statute.
A
person
convicted
of
conspiracy
23
under
the
bill’s
provisions
is
guilty
of
a
misdemeanor
of
the
24
same
class
as
the
underlying
offense.
25
A
serious
misdemeanor
is
punishable
by
confinement
for
no
26
more
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
27
$1,875.
An
aggravated
misdemeanor
is
punishable
by
confinement
28
for
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
29
more
than
$6,250.
30
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