Bill Text: IA HF519 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the assessment of an agricultural theft surcharge on criminal offenses involving the theft of crops or livestock, and making an appropriation. (Formerly HSB 112)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-04-07 - Passed subcommittee. [HF519 Detail]

Download: Iowa-2015-HF519-Introduced.html

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House File 519 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     AGRICULTURE

                                 (SUCCESSOR TO HSB 112)

                                      A BILL FOR

  1 An Act relating to the assessment of an agricultural theft
  2    surcharge on criminal offenses involving the theft of crops
  3    or livestock, and making an appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1784HV (2) 86
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PAG LIN



  1  1    Section 1.  Section 602.8102, subsection 135A, Code 2015, 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, 911.3, and 911.4, and 911.5.
  1  5    Sec. 2.  Section 602.8108, subsection 2, Code 2015, is
  1  6 amended to read as follows:
  1  7    2.  Except as otherwise provided, the clerk of the district
  1  8 court shall report and submit to the state court administrator,
  1  9 not later than the fifteenth day of each month, the fines and
  1 10 fees received during the preceding calendar month. Except as
  1 11 provided in subsections 3, 4, 5, 5A, 6, 8, 9, 10, and 11, the
  1 12 state court administrator shall deposit the amounts received
  1 13 with the treasurer of state for deposit in the general fund of
  1 14 the state. The state court administrator shall report to the
  1 15 legislative services agency within thirty days of the beginning
  1 16 of each fiscal quarter the amount received during the previous
  1 17 quarter in the account established under this section.
  1 18    Sec. 3.  Section 602.8108, Code 2015, is amended by adding
  1 19 the following new subsection:
  1 20    NEW SUBSECTION.  5A.  The clerk of the district court
  1 21 shall remit all moneys collected from the agricultural theft
  1 22 surcharge as provided in section 911.5 to the department of
  1 23 agriculture and land stewardship. The moneys are appropriated
  1 24 to the department for purposes of supporting the department's
  1 25 administrative, regulatory, and programmatic activities.
  1 26    Sec. 4.  Section 902.9, subsection 2, Code 2015, is amended
  1 27 to read as follows:
  1 28    2.  The surcharges required by sections 911.1, 911.2,
  1 29 911.2A, and 911.3, and 911.5 shall be added to a fine imposed
  1 30 on a class "C" or class "D" felon, as provided by those
  1 31 sections, and are not a part of or subject to the maximums set
  1 32 in this section.
  1 33    Sec. 5.  NEW SECTION.  911.5  Agricultural theft surcharge.
  1 34    1.  In addition to any other surcharge, the court or clerk of
  1 35 the district court shall assess an agricultural theft surcharge
  2  1 of two thousand five hundred dollars if an adjudication of
  2  2 guilt or a deferred judgment has been entered for a criminal
  2  3 violation under section 714.2, subsection 1 or 2, for theft of
  2  4 any of the following:
  2  5    a.  A crop as defined in section 717A.1.
  2  6    b.  Livestock as defined in section 717.1.
  2  7    2.  The surcharge shall be remitted by the clerk of court as
  2  8 provided in section 602.8108, subsection 5A.
  2  9                           EXPLANATION
  2 10 The inclusion of this explanation does not constitute agreement with
  2 11 the explanation's substance by the members of the general assembly.
  2 12    GENERAL.  This bill requires that a person convicted of a
  2 13 class "C" or class "D" felony for theft of livestock or a crop
  2 14 be assessed an agricultural theft surcharge of $2,500 which is
  2 15 remitted to the department of agriculture and land stewardship.
  2 16 The moneys are appropriated to the department for purposes of
  2 17 supporting its administrative, regulatory, and programmatic
  2 18 activities.
  2 19    CROP OR LIVESTOCK.  A crop is any plant maintained for its
  2 20 parts or products having commercial value, including a plant
  2 21 produced from an agricultural seed (Code section 199.1), or a
  2 22 plant which is a tree, shrub, vine, berry plant, greenhouse
  2 23 plant, or flower.  Livestock is an animal belonging to the
  2 24 bovine, caprine, equine, ovine, or porcine species, or an
  2 25 ostrich, rhea, emus, farm deer, or poultry.
  2 26    DEGREES OF THEFT.  Generally, the theft of property
  2 27 exceeding $10,000 in value is a class "C" felony (Code section
  2 28 714.2(1)) and punishable by confinement for no more than 10
  2 29 years and a fine of at least $1,000 but not more than $10,000
  2 30 and the theft of property exceeding $1,000 but not exceeding
  2 31 $10,000 in value is a class "D" felony and punishable by
  2 32 confinement for no more than five years and a fine of at least
  2 33 $750 but not more than $7,500 (Code section 902.9(9)(1)).
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