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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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House File 2487 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     APPROPRIATIONS

                                 (SUCCESSOR TO HSB 687)

                                      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 honey bees, and making an appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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, if an adjudication of guilt or a deferred
  1 33 judgment has been entered for a criminal offense for committing
  1 34 any of the following:
  1 35    a.  Theft of agricultural property under section 714.2,
  2  1 subsection 1, 2, or 3.
  2  2    b.  Criminal mischief under section 716.3, 716.4, or 716.5,
  2  3 by damaging, defacing, altering, or destroying agricultural
  2  4 property.
  2  5    2.  As used in this section, agricultural property means any
  2  6 of the following:
  2  7    a.  A crop as defined in section 717A.1.
  2  8    b.  Livestock as defined in section 717.1.
  2  9    c.  (1)  A colony or package as defined in section 160.1A,
  2 10 or a hive where bees are kept as described in section 160.5,
  2 11 if the department of agriculture and land stewardship is
  2 12 authorized by that chapter to inspect the colony, package, or
  2 13 hive or to regulate the movement of the colony, package, or
  2 14 hive.
  2 15    (2)  A queen bee that is part of a colony or is being moved
  2 16 to be part of a colony as described in subparagraph (1).
  2 17    3.  The surcharge shall be remitted by the clerk of the
  2 18 district court as provided in section 602.8108, subsection 5A.
  2 19                           EXPLANATION
  2 20 The inclusion of this explanation does not constitute agreement with
  2 21 the explanation's substance by the members of the general assembly.
  2 22    GENERAL.  This bill requires that a person convicted of a
  2 23 crime relating to agricultural property (agricultural property
  2 24 offense) is subject to surcharge (agricultural property offense
  2 25 surcharge) equal to 35 percent of the fine or forfeiture
  2 26 imposed by the court.  The moneys are required to be remitted
  2 27 by the clerk of court to the state court administrator and are
  2 28 appropriated to the judicial branch for purposes of supporting
  2 29 judicial branch operations.
  2 30    AGRICULTURAL PROPERTY OFFENSE.  The agricultural property
  2 31 offense must involve either: (1)  the theft of agricultural
  2 32 property or (2) criminal mischief for damaging, defacing,
  2 33 altering, or destroying agricultural property.  In addition,
  2 34 it must be classified as a first degree offense (class "C"
  2 35 felony), second degree offense (class "D" felony), or third
  3  1 degree offense (aggravated misdemeanor).
  3  2    PROPERTY SUBJECT TO THEFT OR CRIMINAL MISCHIEF.  The
  3  3 agricultural property is limited to: (1) a crop, (2)
  3  4 livestock, or (3) honey bees or associated items. A crop
  3  5 is any plant maintained for its parts or products having
  3  6 commercial value, including a plant produced from an
  3  7 agricultural seed, or a plant which is a tree, shrub, vine,
  3  8 berry plant, greenhouse plant, or flower.  Livestock is an
  3  9 animal belonging to the bovine, caprine, equine, ovine, or
  3 10 porcine species, or an ostrich, rhea, emus, farm deer, or
  3 11 poultry. Honey bees are kept as a colony and enclosed in a
  3 12 container (or hive with moveable frames) with combs where
  3 13 worker bees and a queen bee reside. A honey bee may also be
  3 14 kept in a package during shipment.
  3 15    DEGREES OF THEFT OR CRIMINAL MISCHIEF.  The degree of the
  3 16 offense for theft or criminal mischief, and its punishment,
  3 17 corresponds to the dollar amount of the value of the property
  3 18 subject to the offense.  If the value exceeds $10,000, the
  3 19 offense is theft or criminal mischief in the first degree and
  3 20 punishable as a class "C" felony with confinement for no more
  3 21 than 10 years and a fine of at least $1,000 but not more than
  3 22 $10,000 (for theft, see Code section 714.2(1) and for criminal
  3 23 mischief, see Code section 716.3).  If the value exceeds $1,000
  3 24 but does not exceed $10,000, the offense is classified as theft
  3 25 or criminal mischief in the second degree and punishable as a
  3 26 class "D" felony with confinement for no more than five years
  3 27 and a fine of at least $750 but not more than $7,500 (for theft,
  3 28 see Code section 714.2(2) and for criminal mischief, see Code
  3 29 section 716.4).  If the value exceeds $500 but does not exceed
  3 30 $1,000, the offense is classified as theft or criminal mischief
  3 31 in the third degree and punishable as an aggravated misdemeanor
  3 32 with confinement for no more than two years and a fine of
  3 33 at least $625 but not more than $6,250 (for theft, see Code
  3 34 section 714.2(3) and for criminal mischief, see Code section
  3 35 716.5).
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