Bill Text: IA HF2487 | 2017-2018 | 87th General Assembly | Amended

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Bill Title: A bill for an act relating to the assessment of an agricultural property offense surcharge on criminal offenses involving crops, livestock, or honeybees and making an appropriation. (Formerly HSB 687.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-05-03 - NOBA: Senate Full Approps [HF2487 Detail]

Download: Iowa-2017-HF2487-Amended.html

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House File 2487 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     APPROPRIATIONS

                                 (SUCCESSOR TO HSB 687)
       (As Amended and Passed by the House April 23, 2018)

                                      A BILL FOR

  1 An Act relating to the assessment of an agricultural property
  2    offense surcharge on criminal offenses involving crops,
  3    livestock, or honeybees and making an appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2487 (3) 87
    da/rj/md

PAG LIN



  1  1    Section 1.  Section 602.8102, subsection 135A, Code 2018, is
  1  2 amended to read as follows:
  1  3    135A.  Assess the surcharges provided by sections 911.1,
  1  4 911.2, 911.2A, 911.2B, 911.2C, 911.3, and 911.4, and 911.5.
  1  5    Sec. 2.  Section 602.8108, Code 2018, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  5A.  The clerk of the district court shall
  1  8 remit all moneys collected from the agricultural property
  1  9 offense surcharge as provided in section 911.5 to  the state
  1 10 court administrator.  The moneys are appropriated to the
  1 11 judicial branch for purposes of supporting judicial branch
  1 12 operations.
  1 13    Sec. 3.  Section 902.9, subsection 2, Code 2018, is amended
  1 14 to read as follows:
  1 15    2.  The surcharges required by sections 911.1, 911.2,
  1 16 911.2A, and 911.3, and 911.5 shall be added to a fine imposed
  1 17 on a class "C" or class "D" felon, as provided by those
  1 18 sections, and are not a part of or subject to the maximums set
  1 19 in this section.
  1 20    Sec. 4.  Section 903.1, subsection 4, Code 2018, is amended
  1 21 to read as follows:
  1 22    4.  The surcharges required by sections 911.1, 911.2,
  1 23 911.2A, 911.3, and 911.4, and 911.5 shall be added to a fine
  1 24 imposed on a misdemeanant as provided in those sections,
  1 25 and are not a part of or subject to the maximums set in this
  1 26 section.
  1 27    Sec. 5.  NEW SECTION.  911.5  Agricultural property offense
  1 28 surcharge.
  1 29    1.  In addition to any other surcharge, the court or clerk
  1 30 of the district court shall assess an agricultural property
  1 31 offense surcharge equal to thirty=five percent of the fine or
  1 32 forfeiture imposed upon a conviction for committing any of the
  1 33 following:
  1 34    a.  Theft of agricultural property under section 714.2,
  1 35 subsection 1, 2, or 3.
  2  1    b.  Criminal mischief under section 716.3, 716.4, or 716.5,
  2  2 by damaging, defacing, altering, or destroying agricultural
  2  3 property.
  2  4    2.  As used in this section, agricultural property means any
  2  5 of the following:
  2  6    a.  A crop as defined in section 717A.1.
  2  7    b.  Livestock as defined in section 717.1.
  2  8    c.  (1)  A colony or package as defined in section 160.1A,
  2  9 or a hive where bees are kept as described in section 160.5,
  2 10 if the department of agriculture and land stewardship is
  2 11 authorized by that chapter to inspect the colony, package, or
  2 12 hive or to regulate the movement of the colony, package, or
  2 13 hive.
  2 14    (2)  A queen bee that is part of a colony or is being moved
  2 15 to be part of a colony as described in subparagraph (1).
  2 16    3.  The surcharge shall be remitted by the clerk of the
  2 17 district court as provided in section 602.8108, subsection 5A.
       HF 2487 (3) 87
       da/rj/md