Complete Bill History



House File 589       
                             BY  COMMITTEE ON
                                 AGRICULTURE

                             (SUCCESSOR TO HF 431)

                             (COMPANION TO lsb
                                 2093sv BY COMMITTEE ON
                                 AGRICULTURE)
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                                  A BILL FOR
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                                        House File 589

                            AN ACT
RELATING TO AN OFFENSE INVOLVING AGRICULTURAL OPERATIONS,
   AND PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE
   PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 717A.1, Code 2011, is amended by adding
the following new subsection:
   NEW SUBSECTION.  2A.  "Agricultural production facility"
means an animal facility as defined in subsection 4, paragraph
"a", or a crop operation property.
   Sec. 2.  NEW SECTION.  717A.3A  Agricultural production
facility fraud.
   1.  A person is guilty of agricultural production facility
fraud if the person willfully does any of the following:
   a.  Obtains access to an agricultural production facility by
false pretenses.
   b.  Makes a false statement or representation as part of
an application or agreement to be employed at an agricultural
production facility, if the person knows the statement to be
false, and makes the statement with an intent to commit an act
not authorized by the owner of the agricultural production
facility, knowing that the act is not authorized.
   2.  A person who commits agricultural production facility
fraud under subsection 1 is guilty of the following:
   a.  For the first conviction, a serious misdemeanor.
   b.  For a second or subsequent conviction, an aggravated
misdemeanor.
   3.  a.  A person who conspires to commit agricultural
production facility fraud under subsection 1 is subject to the
provisions of chapter 706.  A person who aids and abets in the
commission of agricultural production facility fraud under
subsection 1 is subject to the provisions of chapter 703. When
two or more persons, acting in concert, knowingly participate
in committing agricultural production facility fraud under
subsection 1, each person is responsible for the acts of the
other person as provided in section 703.2. A person who has
knowledge that agricultural production facility fraud under
subsection 1 has been committed and that a certain person
committed it, and who does not stand in the relation of husband
or wife to the person committing the agricultural production
facility fraud under subsection 1, and who harbors, aids, or
conceals the person committing the agricultural production
facility fraud under subsection 1, with the intent to prevent
the apprehension of the person committing the agricultural
production facility fraud under subsection 1, is subject to
section 703.3.
   b.  A trial information or an indictment relating to
agricultural production facility fraud under subsection 1 need
not contain allegations of vicarious liability as provided in
chapter 703.
   Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
immediate importance, takes effect upon enactment.


                                                            
                              KRAIG PAULSEN
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate
   I hereby certify that this bill originated in the House and
is known as House File 589, Eighty=fourth General Assembly.


                                                            
                              W. CHARLES SMITHSON
                              Chief Clerk of the House
Approved                , 2012


                                                            
                              TERRY E. BRANSTAD
                              Governor

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