Bill Text: IA SF431 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to offenses involving agricultural operations, and providing penalties and remedies. (Formerly SF 341.)

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF431 Detail]

Download: Iowa-2011-SF431-Introduced.html
Senate File 431 - Introduced SENATE FILE 431 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 341) (COMPANION TO LSB 2093HV BY COMMITTEE ON AGRICULTURE) A BILL FOR An Act relating to offenses involving agricultural operations, 1 and providing penalties and remedies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2093SV (1) 84 da/rj
S.F. 431 Section 1. Section 717A.1, subsection 3, Code 2011, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 3. “Animal” means a mammal, bird, fish, reptile, or 4 amphibian, including an agricultural animal or any other animal 5 that is maintained by an animal facility. 6 Sec. 2. Section 717A.1, subsection 4, paragraphs a and b, 7 Code 2011, are amended to read as follows: 8 a. A location where an agricultural animal is maintained for 9 agricultural production purposes , including but not limited to 10 a location dedicated to farming as defined in section 9H.1 , a 11 livestock market, or exhibition , or a vehicle used to transport 12 the animal . 13 b. A location where an animal is maintained for educational 14 or scientific purposes, including but not limited to a research 15 facility as defined in section 162.2 , an exhibition, or a 16 vehicle used to transport the animal . 17 Sec. 3. Section 717A.1, subsection 7, Code 2011, is amended 18 to read as follows: 19 7. “Crop operation” means a commercial enterprise where a 20 crop is maintained on the property of the commercial enterprise 21 location where a crop is maintained, including but not limited 22 to a crop field, orchard, nursery, greenhouse, garden, 23 elevator, seedhouse, barn, or warehouse . 24 Sec. 4. Section 717A.1, subsection 9, paragraph a, 25 unnumbered paragraph 1, Code 2011, is amended to read as 26 follows: 27 For an animal maintained at an animal facility or property 28 belonging to kept at an animal facility, “deprive” means to do 29 any of the following: 30 Sec. 5. Section 717A.1, subsection 9, paragraph b, 31 subparagraph (2), Code 2011, is amended to read as follows: 32 (2) Dispose of a crop maintained on at the crop operation or 33 property or belonging to kept at the crop operation in a manner 34 that makes recovery of the crop or crop operation property by 35 -1- LSB 2093SV (1) 84 da/rj 1/ 12
S.F. 431 its owner unlikely. 1 Sec. 6. Section 717A.1, subsection 11, paragraphs a and b, 2 Code 2011, are amended to read as follows: 3 a. A person, including a public or private entity, who has 4 a legal interest in an animal maintained at the animal facility 5 or other property belonging to kept at an animal facility , or a 6 person who is authorized by the holder of the legal interest to 7 act on the holder’s behalf in maintaining the animal or keeping 8 the other property . 9 b. A person, including a public or private entity, who has 10 a legal interest in a crop maintained at the crop operation or 11 crop operation other property kept at the crop operation, or a 12 person who is authorized by the holder of the legal interest to 13 act on the holder’s behalf in maintaining the crop or keeping 14 the other property . 15 Sec. 7. Section 717A.1, Code 2011, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 11A. “Record” means any printed, inscribed, 18 visual, or audio information that is placed or stored on a 19 tangible medium, and that may be accessed in a perceivable 20 form, including but not limited to any paper or electronic 21 format. 22 Sec. 8. Section 717A.2, Code 2011, is amended by striking 23 the section and inserting in lieu thereof the following: 24 717A.2 Animal facility tampering. 25 1. A person is guilty of animal facility tampering if the 26 person acts without the consent of the owner of an animal 27 facility to willfully do any of the following: 28 a. Damage, destroy, or alter property kept at the animal 29 facility, including but not limited to land, fixtures, 30 structures, equipment, machinery, vehicles, records, or 31 computer software or data. 32 b. Kill or injure an animal maintained at the animal 33 facility, including by an act of violence or the transmission 34 of a disease including but not limited to any infectious or 35 -2- LSB 2093SV (1) 84 da/rj 2/ 12
S.F. 431 contagious disease designated by the department of agriculture 1 and land stewardship pursuant to section 163.2. 2 c. Take by theft an animal maintained or other property kept 3 at the animal facility. 4 d. Disrupt operations conducted at the animal facility, 5 if the operations directly relate to agricultural production, 6 animal maintenance, educational or scientific purposes, or 7 veterinary care. 8 2. A person who commits the offense of animal facility 9 tampering is guilty of the following: 10 a. Animal facility tampering in the first degree occurs when 11 the result of the offense is damages incurred by the owner of 12 the animal facility of more than one hundred thousand dollars. 13 A person convicted of animal facility tampering in the first 14 degree is guilty of a class “C” felony. 15 b. Animal facility tampering in the second degree occurs 16 when the result of the offense is damages incurred by the owner 17 of the animal facility of more than ten thousand dollars but 18 not more than one hundred thousand dollars. A person convicted 19 of animal facility tampering in the second degree is guilty of 20 a class “D” felony. 21 c. Animal facility tampering in the third degree occurs 22 when the result of the offense is damages incurred by the owner 23 of the animal facility of more than one thousand dollars but 24 not more than ten thousand dollars. A person convicted of 25 animal facility tampering in the third degree is guilty of an 26 aggravated misdemeanor. 27 d. Animal facility tampering in the fourth degree occurs 28 when the result of the offense is the damages incurred by the 29 owner of the animal facility of more than three hundred dollars 30 but not more than one thousand dollars. A person convicted of 31 animal facility tampering in the fourth degree is guilty of a 32 serious misdemeanor. 33 e. Animal facility tampering in the fifth degree occurs when 34 the result of the offense is damages incurred by the owner of 35 -3- LSB 2093SV (1) 84 da/rj 3/ 12
S.F. 431 the animal facility of three hundred dollars or less. A person 1 convicted of animal facility tampering in the fifth degree is 2 guilty of a simple misdemeanor. 3 3. A person who participates in a conspiracy to commit 4 the offense of animal facility tampering, and who acts in 5 furtherance of that commission, is guilty of the same offense 6 as the person convicted of committing the offense on or in the 7 animal facility. 8 4. A person convicted of animal facility tampering is 9 subject to an order of restitution as provided in chapter 910. 10 5. In determining the value of damages incurred by an 11 owner of an animal facility under this section, a court 12 shall calculate the actual and consequential pecuniary losses 13 resulting from the commission of the offense. 14 Sec. 9. NEW SECTION . 717A.2A Animal facility interference. 15 1. A person is guilty of animal facility interference, if 16 the person acts without the consent of the owner of an animal 17 facility to willfully do any of the following: 18 a. Produce a record which reproduces an image or sound 19 occurring at the animal facility as follows: 20 (1) The record must be created by the person while at the 21 animal facility. 22 (2) The record must be a reproduction of a visual or audio 23 experience occurring at the animal facility, including but not 24 limited to a photographic or audio medium. 25 b. Possess or distribute a record which produces an image 26 or sound occurring at the animal facility which was produced 27 as provided in paragraph “a” . 28 c. Exercise control over the animal facility including an 29 animal maintained at the animal facility or other property 30 kept at the animal facility, with intent to deprive the animal 31 facility of the animal or property. 32 d. Enter onto the animal facility, or remain at the animal 33 facility, if the person has notice that the facility is 34 not open to the public. A person has notice that an animal 35 -4- LSB 2093SV (1) 84 da/rj 4/ 12
S.F. 431 facility is not open to the public if the person is provided 1 notice before entering onto the facility, or the person refuses 2 to immediately leave the facility after being informed to 3 leave. The notice may be in the form of a written or verbal 4 communication by the owner, a fence or other enclosure designed 5 to exclude intruders or contain animals, or a sign posted which 6 is reasonably likely to come to the attention of an intruder 7 and which indicates that entry is forbidden. 8 2. A person who commits the offense of animal facility 9 interference is guilty of the following: 10 a. For the first conviction, the person is guilty of an 11 aggravated misdemeanor. 12 b. For a second or subsequent conviction, the person is 13 guilty of a class “D” felony. 14 3. A person convicted of animal facility interference is 15 subject to an order of restitution as provided in chapter 910. 16 Sec. 10. NEW SECTION . 717A.2B Animal facility fraud. 17 1. A person is guilty of animal facility fraud, if the 18 person willfully does any of the following: 19 a. Obtains access to an animal facility by false pretenses 20 for the purpose of committing an act not authorized by the 21 owner of the animal facility. 22 b. Makes a false statement or representation as part of 23 an application to be employed at the animal facility, if the 24 person knows it to be false. 25 2. A person who commits the offense of animal facility fraud 26 is guilty of the following: 27 a. For the first conviction, the person is guilty of an 28 aggravated misdemeanor. 29 b. For a second or subsequent conviction, the person is 30 guilty of a class “D” felony. 31 3. A person convicted of animal facility fraud is subject to 32 an order of restitution as provided in chapter 910. 33 Sec. 11. NEW SECTION . 717A.2C Animal facilities —— civil 34 actions. 35 -5- LSB 2093SV (1) 84 da/rj 5/ 12
S.F. 431 1. A person suffering damages resulting from the commission 1 of animal facility tampering as provided in section 717A.2 or 2 animal facility interference as provided in section 717A.2A 3 may bring an action in the district court against the person 4 causing the damages to recover all of the following: 5 a. An amount equaling three times all actual and 6 consequential damages. 7 b. Court costs and reasonable attorney fees. 8 2. In addition to awarding damages as provided in subsection 9 1, a court may grant any equitable relief that the court 10 determines is appropriate. Nothing in this chapter shall 11 prevent a party from petitioning a court for equitable relief. 12 Sec. 12. NEW SECTION . 717A.2D Animal facilities —— 13 exceptions. 14 1. Section 717A.2 or 717A.2A does not prohibit any conduct 15 of a person holding a legal interest in an animal facility, an 16 animal maintained at the animal facility, or other property 17 kept at the animal facility which legal interest is superior to 18 the legal interest held by a person incurring damages resulting 19 from the conduct. 20 2. Section 717A.2 or 717A.2A does not apply to any of the 21 following: 22 a. A governmental agency or officer who is taking lawful 23 action involving an animal facility, an animal maintained at 24 the animal facility, or other property kept at the animal 25 facility. 26 b. A licensed veterinarian practicing veterinary medicine as 27 provided in chapter 169 and according to customary standards 28 of care. 29 Sec. 13. Section 717A.3, Code 2011, is amended by striking 30 the section and inserting in lieu thereof the following: 31 717A.3 Crop operation tampering. 32 1. A person is guilty of crop operation tampering if 33 the person acts without the consent of the owner of a crop 34 operation to willfully do any of the following: 35 -6- LSB 2093SV (1) 84 da/rj 6/ 12
S.F. 431 a. Damage, destroy, or alter property kept at the crop 1 operation, including but not limited to land, fixtures, 2 structures, equipment, machinery, vehicles, records, or 3 computer software or data. 4 b. Destroy or injure a crop maintained at a crop operation, 5 including by an act of violence or the transmission of a 6 disease including but not limited to any disease or pests. 7 c. Take by theft a crop maintained or other personal 8 property kept at the crop operation. 9 d. Disrupt operations conducted at the crop operation, if 10 the operations directly relate to agricultural production, 11 crop maintenance, educational or scientific purposes, or 12 horticultural care. 13 2. A person who commits the offense of crop operation 14 tampering is guilty of the following: 15 a. Crop operation tampering in the first degree occurs when 16 the result of the offense is damages incurred by the owner of 17 more than one hundred thousand dollars. A person convicted of 18 crop operation tampering in the first degree is guilty of a 19 class “C” felony. 20 b. Crop operation tampering in the second degree occurs when 21 the result of the offense is damages incurred by the owner of 22 the crop operation of more than ten thousand dollars but not 23 more than one hundred thousand dollars. A person convicted of 24 crop operation tampering in the second degree is guilty of a 25 class “D” felony. 26 c. Crop operation tampering in the third degree occurs when 27 the result of the offense is damages incurred by the owner of 28 the crop operation of more than one thousand dollars but not 29 more than ten thousand dollars. A person convicted of crop 30 operation property tampering in the third degree is guilty of 31 an aggravated misdemeanor. 32 d. Crop operation tampering in the fourth degree occurs 33 when the result of the offense is damages incurred by the owner 34 of the crop operation of more than three hundred dollars but 35 -7- LSB 2093SV (1) 84 da/rj 7/ 12
S.F. 431 not more than one thousand dollars. A person convicted of crop 1 operation tampering in the fourth degree is guilty of a serious 2 misdemeanor. 3 e. Crop operation tampering in the fifth degree occurs when 4 the result of the offense is damages incurred by the owner of 5 the crop operation of three hundred dollars or less. A person 6 convicted of crop operation tampering in the fifth degree is 7 guilty of a simple misdemeanor. 8 3. A person who participates in a conspiracy to commit 9 the offense of crop operation tampering, and who acts in 10 furtherance of that commission, is guilty of the same offense 11 as the person convicted of committing the offense on or in the 12 crop operation. 13 4. A person convicted of crop operation tampering is subject 14 to an order of restitution as provided in chapter 910. 15 5. In determining the value of damages incurred under this 16 section, a court shall calculate the actual and consequential 17 pecuniary losses resulting from the commission of the offense. 18 Sec. 14. NEW SECTION . 717A.3A Crop operation interference. 19 1. A person is guilty of crop operation interference, if 20 the person acts without the consent of the owner of a crop 21 operation to willfully do any of the following: 22 a. Produce a record which reproduces an image or sound 23 occurring at the crop operation as follows: 24 (1) The record must be created by the person while at the 25 crop operation. 26 (2) The record must be a reproduction of a visual or audio 27 experience occurring at the crop operation, including but not 28 limited to a photographic or audio medium. 29 b. Possess or distribute a record which produces an image 30 or sound occurring at the crop operation which was produced as 31 provided in paragraph “a” . 32 c. Exercise control over the crop operation, including a 33 crop maintained at the crop operation or other property kept at 34 the crop operation, with intent to deprive the crop operation 35 -8- LSB 2093SV (1) 84 da/rj 8/ 12
S.F. 431 of the crop or property. 1 d. Enter onto the crop operation, or remain on or in 2 the crop operation, if the person has notice that the crop 3 operation is not open to the public. A person has notice that 4 a crop operation is not open to the public if the person is 5 provided notice before entering onto the crop operation, or the 6 person refuses to immediately leave the crop operation after 7 being informed to leave. The notice may be in the form of a 8 written or verbal communication by the owner, a fence or other 9 enclosure designed to exclude intruders or contain crops, or a 10 sign posted which is reasonably likely to come to the attention 11 of an intruder and which indicates that entry is forbidden. 12 2. A person who commits the offense of crop operation 13 interference is guilty of the following: 14 a. For the first conviction, the person is guilty of an 15 aggravated misdemeanor. 16 b. For a second or subsequent conviction, the person is 17 guilty of a class “D” felony. 18 3. A person convicted of crop operation interference is 19 subject to an order of restitution as provided in chapter 910. 20 Sec. 15. NEW SECTION . 717A.3B Crop operation fraud. 21 1. A person is guilty of crop operation fraud, if the person 22 willfully does any of the following: 23 a. Obtains access to a crop operation by false pretenses for 24 the purpose of committing an act not authorized by the owner 25 of the crop operation. 26 b. Makes a false statement or representation as part of an 27 application to be employed at a crop operation, if the person 28 knows it to be false. 29 2. A person who commits the offense of crop operation fraud 30 is guilty of the following: 31 a. For the first conviction, the person is guilty of an 32 aggravated misdemeanor. 33 b. For a second or subsequent conviction, the person is 34 guilty of a class “D” felony. 35 -9- LSB 2093SV (1) 84 da/rj 9/ 12
S.F. 431 3. A person convicted of crop operation fraud is subject to 1 an order of restitution as provided in chapter 910. 2 Sec. 16. NEW SECTION . 717A.3C Crop operations —— civil 3 actions. 4 1. A person suffering damages resulting from the commission 5 of crop operation tampering as provided in section 717A.3 or 6 crop operation interference as provided in section 717A.3A 7 may bring an action in the district court against the person 8 causing the damage to recover all of the following: 9 a. An amount equaling three times all actual and 10 consequential damages. 11 b. Court costs and reasonable attorney fees. 12 2. In addition to awarding damages as provided in subsection 13 1, a court may grant any equitable relief that the court 14 determines is appropriate. Nothing in this chapter shall 15 prevent a party from petitioning a court for equitable relief. 16 Sec. 17. NEW SECTION . 717A.3D Crop operations —— 17 exceptions. 18 1. Section 717A.3 or 717A.3A does not prohibit any conduct 19 of a person holding a legal interest in a crop operation, a 20 crop maintained at the crop operation, or other property kept 21 at the crop operation which legal interest is superior to the 22 legal interest held by a person incurring damages resulting 23 from the conduct. 24 2. Section 717A.3 or 717A.3A does not apply to a 25 governmental agency or officer who is taking lawful action 26 involving a crop operation, a crop maintained at the crop 27 operation, or other property kept at the crop operation. 28 EXPLANATION 29 GENERAL. This bill amends Code chapter 717A, which 30 prohibits a person from entering on or damaging property 31 associated with a facility or operation where animals or 32 crops are maintained. An animal facility includes a location 33 where an animal is produced for agricultural or educational 34 scientific purposes, or a location operated by a licensed 35 -10- LSB 2093SV (1) 84 da/rj 10/ 12
S.F. 431 veterinarian, or a commercial or nonprofit pet establishment. 1 A crop operation includes a crop field, orchard, or other 2 location where a crop is grown, harvested, or stored. The bill 3 strikes and rewrites provisions specifying the offenses. 4 TAMPERING. The bill prohibits a person from tampering with 5 property associated with an animal facility or crop operation, 6 including damaging property, killing or injuring an animal or 7 crop, committing theft, or disrupting operations. The various 8 degrees of the offense based on loss incurred by the owner of 9 the property, and ranging from a class “C” felony for a loss of 10 more than $100,000 to a simple misdemeanor for a loss of $300 11 or less. A person is guilty of the same offense for conspiracy 12 in furtherance of the act. A person convicted of tampering is 13 subject to an order of restitution (Code chapter 910). 14 INTERFERENCE. The bill prohibits a person from interfering 15 with an animal facility or crop operation. This includes 16 producing an audio or visual record which reproduces an image 17 or sound occurring on or in the location, or possessing or 18 distributing the record. It also prohibits a person from 19 exercising control over the location or property, with intent 20 to deprive the owner of the property, or entering onto the 21 location, if the person has notice that the location is not 22 open to the public. The severity of the offense is based on 23 whether there has been a previous conviction. For the first 24 conviction, the person is guilty of an aggravated misdemeanor, 25 and for a second or subsequent conviction, the person is guilty 26 of a class “D” felony. 27 FRAUD. The bill prohibits a person from committing fraud, 28 by obtaining access to an animal facility or crop operation 29 by false pretenses for the purpose of committing an act not 30 authorized by the owner, or making a false statement as part of 31 an application to be employed at the location. The severity 32 of the offense is based on whether there has been a previous 33 conviction. For the first conviction, the person is guilty 34 of an aggravated misdemeanor, and for a second or subsequent 35 -11- LSB 2093SV (1) 84 da/rj 11/ 12
S.F. 431 conviction, the person is guilty of a class “D” felony. A 1 person convicted of tampering is subject to an order of 2 restitution (Code chapter 910). 3 CONVICTION FOR OFFENSES —— PENALTIES. A class “C” felony 4 is punishable by confinement for no more than 10 years and a 5 fine of at least $1,000 but not more than $10,000. A class 6 “D” felony is punishable by confinement for no more than five 7 years and a fine of at least $750 but not more than $7,500. An 8 aggravated misdemeanor is punishable by confinement for no more 9 than two years and a fine of at least $625 but not more than 10 $6,250. A serious misdemeanor is punishable by confinement for 11 no more than one year and a fine of at least $315 but not more 12 than $1,875. A simple misdemeanor is punishable by confinement 13 for no more than 30 days or a fine of at least $65 but not more 14 than $625 or by both. 15 CIVIL PENALTIES. In addition to the criminal penalties, 16 a person suffering damages resulting from the commission of 17 tampering or interference may bring an action in the district 18 court against the person causing the damages to recover an 19 amount equaling three times all actual and consequential 20 damages, and court costs and reasonable attorney fees. In 21 addition, a court may grant a petitioner equitable relief. 22 EXCEPTIONS. The provisions in the bill do not prohibit 23 any conduct of a person holding a legal interest in an animal 24 facility, crop operation, animal, crop, or property which legal 25 interest is superior to the legal interest held by a person 26 incurring damages resulting from the conduct; an action by a 27 governmental agency or officer; or an action by a licensed 28 veterinarian. 29 -12- LSB 2093SV (1) 84 da/rj 12/ 12
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