Bill Text: IA HSB71 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal trespass while hunting, fishing, or trapping, and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-26 - Committee report, recommending passage. H.J. 366. [HSB71 Detail]
Download: Iowa-2019-HSB71-Introduced.html
House
Study
Bill
71
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
criminal
trespass
while
hunting,
fishing,
or
1
trapping,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
716.8,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
a.
Any
person
who
knowingly
trespasses
upon
the
3
property
of
another
commits
a
simple
misdemeanor
punishable
4
as
a
scheduled
violation
under
section
805.8C,
subsection
11
.
5
A
peace
officer
shall
consider
arresting
and
may
arrest
the
6
person
under
section
805.9,
subsection
3
,
paragraph
“c”
,
if
7
the
person
refuses
to
leave
the
property
after
receiving
a
8
citation
or
immediately
returns
to
the
property
after
receiving
9
a
citation,
or
may
arrest
the
person
as
otherwise
provided
10
under
law.
11
b.
Any
person
who
knowingly
trespasses
upon
the
property
of
12
another
while
hunting,
fishing,
or
trapping
commits
a
simple
13
misdemeanor
punishable
as
a
scheduled
violation
under
section
14
805.8C,
subsection
11.
A
person
who
commits
a
trespass
while
15
hunting
in
the
manner
specified
in
subsection
5
may
also
be
16
subject
to
arrest
and
civil
penalties
as
provided
in
subsection
17
5.
18
Sec.
2.
Section
805.8C,
subsection
11,
Code
2019,
is
amended
19
to
read
as
follows:
20
11.
Trespassing
violations.
For
trespasses
punishable
under
21
section
716.8,
subsection
1
,
paragraph
“b”
or
subsection
716.8,
22
subsection
5
,
the
scheduled
fine
is
two
hundred
dollars
for
a
23
first
violation,
five
hundred
dollars
for
a
second
violation,
24
and
one
thousand
dollars
for
a
third
or
subsequent
violation.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
criminal
trespass
while
hunting,
29
fishing,
or
trapping
and
provides
penalties
and
modifying
30
penalties.
31
Under
current
law,
a
person
who
knowingly
trespasses
32
upon
the
property
of
another
commits
a
simple
misdemeanor,
33
punishable
as
a
scheduled
fine
ranging
from
$200
to
$1,000
34
dependent
on
whether
the
violation
is
a
first,
second,
or
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third
violation.
The
bill
strikes
this
penalty
and
provides
1
that
a
person
who
knowingly
trespasses
upon
the
property
of
2
another
commits
a
simple
misdemeanor.
A
simple
misdemeanor
is
3
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
4
at
least
$65
but
not
more
than
$625
or
both.
The
bill
strikes
5
language
allowing
a
peace
officer
to
arrest
the
person
if
the
6
person
refuses
to
leave
the
property
after
receiving
a
citation
7
or
if
the
person
immediately
returns
to
the
property
after
8
receiving
a
citation.
9
The
bill
provides
that
any
person
who
knowingly
trespasses
10
upon
the
property
of
another
while
hunting,
fishing,
or
11
trapping
commits
a
simple
misdemeanor
punishable
as
a
12
scheduled
fine
of
$200
for
a
first
violation,
$500
for
a
second
13
violation,
and
$1,000
for
a
third
or
subsequent
violation,
14
and
also
specifies
that
a
person
who
commits
a
trespass
while
15
hunting
deer,
other
than
farm
deer
or
preserve
whitetail,
may
16
also
be
subject
to
arrest
and
civil
penalties
under
current
17
law.
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