Bill Text: IA HF589 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to an offense involving agricultural operations, and providing penalties, and including effective date provisions. Effective 3-2-12.
Spectrum: Committee Bill
Status: (Passed) 2012-03-02 - Signed by Governor. H.J. 413. [HF589 Detail]
Download: Iowa-2011-HF589-Enrolled.html
House
File
589
AN
ACT
RELATING
TO
AN
OFFENSE
INVOLVING
AGRICULTURAL
OPERATIONS,
AND
PROVIDING
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
717A.1,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
“Agricultural
production
facility”
means
an
animal
facility
as
defined
in
subsection
4,
paragraph
“a”
,
or
a
crop
operation
property.
Sec.
2.
NEW
SECTION
.
717A.3A
Agricultural
production
facility
fraud.
1.
A
person
is
guilty
of
agricultural
production
facility
fraud
if
the
person
willfully
does
any
of
the
following:
a.
Obtains
access
to
an
agricultural
production
facility
by
false
pretenses.
b.
Makes
a
false
statement
or
representation
as
part
of
an
application
or
agreement
to
be
employed
at
an
agricultural
production
facility,
if
the
person
knows
the
statement
to
be
false,
and
makes
the
statement
with
an
intent
to
commit
an
act
not
authorized
by
the
owner
of
the
agricultural
production
facility,
knowing
that
the
act
is
not
authorized.
2.
A
person
who
commits
agricultural
production
facility
fraud
under
subsection
1
is
guilty
of
the
following:
a.
For
the
first
conviction,
a
serious
misdemeanor.
b.
For
a
second
or
subsequent
conviction,
an
aggravated
misdemeanor.
3.
a.
A
person
who
conspires
to
commit
agricultural
production
facility
fraud
under
subsection
1
is
subject
to
the
provisions
of
chapter
706.
A
person
who
aids
and
abets
in
the
House
File
589,
p.
2
commission
of
agricultural
production
facility
fraud
under
subsection
1
is
subject
to
the
provisions
of
chapter
703.
When
two
or
more
persons,
acting
in
concert,
knowingly
participate
in
committing
agricultural
production
facility
fraud
under
subsection
1,
each
person
is
responsible
for
the
acts
of
the
other
person
as
provided
in
section
703.2.
A
person
who
has
knowledge
that
agricultural
production
facility
fraud
under
subsection
1
has
been
committed
and
that
a
certain
person
committed
it,
and
who
does
not
stand
in
the
relation
of
husband
or
wife
to
the
person
committing
the
agricultural
production
facility
fraud
under
subsection
1,
and
who
harbors,
aids,
or
conceals
the
person
committing
the
agricultural
production
facility
fraud
under
subsection
1,
with
the
intent
to
prevent
the
apprehension
of
the
person
committing
the
agricultural
production
facility
fraud
under
subsection
1,
is
subject
to
section
703.3.
b.
A
trial
information
or
an
indictment
relating
to
agricultural
production
facility
fraud
under
subsection
1
need
not
contain
allegations
of
vicarious
liability
as
provided
in
chapter
703.
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
589,
Eighty-fourth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Chief
Clerk
of
the
House
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor
