Bill Text: IA SSB1166 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act prohibiting interference with the transportation of an agricultural animal, and providing penalties.(See SF 421.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-18 - Committee report approving bill, renumbered as SF 421. [SSB1166 Detail]
Download: Iowa-2021-SSB1166-Introduced.html
Senate
Study
Bill
1166
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BROWN)
A
BILL
FOR
An
Act
prohibiting
interference
with
the
transportation
of
an
1
agricultural
animal,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
716.13
Interference
with
1
transportation
of
agricultural
animals.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Agricultural
animal”
means
an
animal
belonging
to
5
the
bovine,
caprine,
equine,
ovine,
or
porcine
species;
farm
6
deer
as
defined
in
section
170.1;
ostriches,
rheas,
and
emus;
7
turkeys,
chickens,
domestic
geese
or
ducks,
or
other
domestic
8
fowl;
fish
or
other
aquatic
organisms
confined
in
private
9
waters
for
human
consumption;
or
honey
bees.
10
b.
(1)
“Convicted”
means
the
entry
of
a
judgment
of
11
conviction
under
chapter
901
or
adjudicated
delinquent
for
an
12
act
which
is
an
indictable
offense
in
this
state
or
in
another
13
state
under
chapter
232.
14
(2)
“Convicted”
does
not
mean
a
plea,
sentence,
15
adjudication,
deferred
sentence,
or
deferred
judgment
which
has
16
been
reversed
or
otherwise
set
aside.
17
c.
“Motor
vehicle”
means
any
self-propelled
vehicle
subject
18
to
registration
under
chapter
321,
and
includes
an
item
19
attached
to
the
vehicle.
20
2.
A
person
commits
interference
with
the
transportation
of
21
an
agricultural
animal
if
the
person
knowingly
does
any
of
the
22
following:
23
a.
Stops,
hinders,
impedes,
boards,
obstructs,
or
otherwise
24
interferes
with
a
motor
vehicle
transporting
an
agricultural
25
animal,
regardless
of
whether
the
motor
vehicle
is
moving.
26
b.
Provokes,
disturbs,
or
otherwise
interacts
with
an
27
agricultural
animal
when
the
agricultural
animal
is
confined
28
in
a
motor
vehicle,
regardless
of
whether
the
motor
vehicle
is
29
moving.
30
3.
In
a
prosecution
alleging
that
a
defendant
committed
31
interference
with
the
transportation
of
an
agricultural
32
animal
under
subsection
2,
the
defendant
may
assert
an
33
affirmative
defense
of
consent.
The
defendant
must
prove
by
34
a
preponderance
of
the
evidence
that
the
defendant
was
acting
35
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with
the
consent
of
any
of
the
following:
1
a.
A
person
having
real
or
apparent
authority
to
transport
2
the
agricultural
animal.
This
requirement
is
met
if
the
person
3
is
a
shipper
or
transporter
acting
in
compliance
with
chapter
4
172B.
5
b.
The
owner
of
the
agricultural
animal
or
any
other
person
6
having
real
or
apparent
authority
to
possess
or
control
the
7
agricultural
animal.
8
4.
a.
A
person
who
commits
interference
with
the
9
transportation
of
an
agricultural
animal,
as
provided
in
10
subsection
2,
paragraph
“a”
,
is
guilty
of
an
aggravated
11
misdemeanor.
12
b.
A
person
who
commits
interference
with
the
transportation
13
of
an
agricultural
animal,
as
provided
in
subsection
2,
14
paragraph
“b”
,
is
guilty
of
an
aggravated
misdemeanor.
15
5.
Notwithstanding
subsection
4,
a
person
who
commits
16
interference
with
the
transportation
of
an
agricultural
animal
17
under
subsection
2,
paragraph
“a”
or
“b”
,
is
guilty
of
a
18
class
“D”
felony
if
the
person
has
previously
been
convicted
19
of
committing
interference
with
the
transportation
of
an
20
agricultural
animal
under
either
of
those
paragraphs.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
GENERAL.
This
bill
creates
the
criminal
offense
(offense)
25
of
interference
with
the
transportation
of
an
agricultural
26
animal.
A
person
commits
the
offense
by
knowingly
doing
27
any
of
the
following:
(1)
interfering
with
a
motor
vehicle
28
transporting
an
agricultural
animal
or
(2)
interfering
with
29
an
agricultural
animal
confined
in
the
motor
vehicle.
An
30
agricultural
animal
includes
livestock
such
as
cattle,
goats,
31
horses,
sheep,
and
swine;
exotic
animals
such
as
ostriches;
32
farm
deer;
poultry
and
other
domestic
fowl;
fish;
and
honey
33
bees.
34
AFFIRMATIVE
DEFENSES
AND
PENALTIES.
Under
the
bill,
a
35
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defendant
charged
with
the
offense
may
assert
an
affirmative
1
defense
that
the
person
was
acting
with
the
consent
of
2
either
of
the
following:
(1)
a
person
actually
or
apparently
3
transporting
the
agricultural
animal
or
(2)
a
person
actually
4
or
apparently
exercising
legal
control
of
the
agricultural
5
animal.
A
person
convicted
of
an
offense
under
the
bill
is
6
guilty
of
an
aggravated
misdemeanor,
unless
the
person
had
7
previously
committed
such
an
offense.
In
that
case,
the
person
8
is
guilty
of
a
class
“D”
felony.
An
aggravated
misdemeanor
is
9
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
10
of
at
least
$855
but
not
more
than
$8,540.
A
class
“D”
felony
11
is
punishable
by
confinement
for
no
more
than
five
years
and
a
12
fine
of
at
least
$1,025
but
not
more
than
$10,245.
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