Bill Text: IA HF69 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 69 (Prior Session Legislation)

Bill Title: A bill for an act relating to criminal trespass and modifying penalties. Effective 7-1-17.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-05-11 - Signed by Governor. H.J. 1147. [HF69 Detail]

Download: Iowa-2017-HF69-Enrolled.html

House File 69 - Enrolled

HOUSE FILE
BY HEARTSILL
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A BILL FOR
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House File 69

AN ACT
RELATING TO CRIMINAL TRESPASS AND MODIFYING PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 716.7, subsection 2, paragraph a,
subparagraph (2), Code 2017, is amended to read as follows:
(2) Entering or remaining upon or in property without
justification after being notified or requested to abstain from
entering or to remove or vacate therefrom by the owner, lessee,
or person in lawful possession, or the agent or employee of the
owner, lessee, or person in lawful possession, or by any peace
officer, magistrate, or public employee whose duty it is to
supervise the use or maintenance of the property. A person has
received notice to abstain from entering or remaining upon or
in property within the meaning of this subparagraph (2) if any
of the following is applicable:
(a) The person has been notified to abstain from entering or
remaining upon or in property personally, either orally or in
writing, including by a valid court order under chapter 236.
(b) A printed or written notice forbidding such entry has
been conspicuously posted or exhibited at the main entrance to
the property or the forbidden part of the property.
Sec. 2. Section 716.8, subsections 1 and 5, Code 2017, are
amended to read as follows:
1. Any person who knowingly trespasses upon the property of
another commits a simple misdemeanor, except that any person
who intentionally trespasses as defined in section 716.7,
subsection 2, paragraph "a", subparagraph (7), commits a
serious misdemeanor punishable as a scheduled violation under
section 805.8C, subsection 11. A peace officer shall consider
arresting and may arrest the person under section 805.9,
subsection 3, paragraph "c", if the person refuses to leave
the property after receiving a citation or immediately returns
to the property after receiving a citation, or may arrest the
person as otherwise provided under law.
5. A person who commits a trespass while hunting deer,
other than a farm deer as defined in section 170.1 or preserve
whitetail as defined in section 484C.1, commits a simple
misdemeanor punishable as a scheduled violation under section
805.8C, subsection 11. A peace officer shall consider
arresting and may arrest the person under section 805.9,
subsection 3, paragraph "c", if the person refuses to leave
the property after receiving a citation or immediately returns
to the property after receiving a citation, or may arrest the
person as otherwise provided under law. The person shall also
be subject to civil penalties as provided in sections 481A.130
and 481A.131. A deer taken by a person while committing such
a trespass shall be subject to seizure as provided in section
481A.12.
Sec. 3. Section 716.8, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 7. Any person who intentionally trespasses
as defined in section 716.7, subsection 2, paragraph "a",
subparagraph (7), commits a serious misdemeanor.
Sec. 4. Section 805.8C, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 11. Trespassing violations. For trespasses
punishable under section 716.8, subsection 1 or 5, the
scheduled fine is two hundred dollars for a first violation,
five hundred dollars for a second violation, and one thousand
dollars for a third or subsequent violation.

LINDA UPMEYER

JACK WHITVER

CARMINE BOAL

TERRY E. BRANSTA

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