Text: SF430            Text: SF432
Complete Bill History


Senate File 431

SENATE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 341) (COMPANION TO lsb 2093hv BY COMMITTEE ON AGRICULTURE) A BILL FOR 1 An Act relating to offenses involving agricultural operations, 2 and providing penalties and remedies. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2093SV (1) 84 da/rj PAG LIN 1 1 Section 1. Section 717A.1, subsection 3, Code 2011, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 3. "Animal" means a mammal, bird, fish, reptile, or 1 5 amphibian, including an agricultural animal or any other animal 1 6 that is maintained by an animal facility. 1 7 Sec. 2. Section 717A.1, subsection 4, paragraphs a and b, 1 8 Code 2011, are amended to read as follows: 1 9 a. A location where an agricultural animal is maintained for 1 10 agricultural production purposes, including but not limited to 1 11 a location dedicated to farming as defined in section 9H.1, a 1 12 livestock market, or exhibition, or a vehicle used to transport 1 13 the animal. 1 14 b. A location where an animal is maintained for educational 1 15 or scientific purposes, including but not limited to a research 1 16 facility as defined in section 162.2, an exhibition, or a 1 17 vehicle used to transport the animal. 1 18 Sec. 3. Section 717A.1, subsection 7, Code 2011, is amended 1 19 to read as follows: 1 20 7. "Crop operation" means a commercial enterprise where a 1 21 crop is maintained on the property of the commercial enterprise 1 22 location where a crop is maintained, including but not limited 1 23 to a crop field, orchard, nursery, greenhouse, garden, 1 24 elevator, seedhouse, barn, or warehouse. 1 25 Sec. 4. Section 717A.1, subsection 9, paragraph a, 1 26 unnumbered paragraph 1, Code 2011, is amended to read as 1 27 follows: 1 28 For an animal maintained at an animal facility or property 1 29 belonging to kept at an animal facility, "deprive" means to do 1 30 any of the following: 1 31 Sec. 5. Section 717A.1, subsection 9, paragraph b, 1 32 subparagraph (2), Code 2011, is amended to read as follows: 1 33 (2) Dispose of a crop maintained on at the crop operation or 1 34 property or belonging to kept at the crop operation in a manner 1 35 that makes recovery of the crop or crop operation property by 2 1 its owner unlikely. 2 2 Sec. 6. Section 717A.1, subsection 11, paragraphs a and b, 2 3 Code 2011, are amended to read as follows: 2 4 a. A person, including a public or private entity, who has 2 5 a legal interest in an animal maintained at the animal facility 2 6 or other property belonging to kept at an animal facility, or a 2 7 person who is authorized by the holder of the legal interest to 2 8 act on the holder's behalf in maintaining the animal or keeping 2 9 the other property. 2 10 b. A person, including a public or private entity, who has 2 11 a legal interest in a crop maintained at the crop operation or 2 12 crop operation other property kept at the crop operation, or a 2 13 person who is authorized by the holder of the legal interest to 2 14 act on the holder's behalf in maintaining the crop or keeping 2 15 the other property. 2 16 Sec. 7. Section 717A.1, Code 2011, is amended by adding the 2 17 following new subsection: 2 18 NEW SUBSECTION. 11A. "Record" means any printed, inscribed, 2 19 visual, or audio information that is placed or stored on a 2 20 tangible medium, and that may be accessed in a perceivable 2 21 form, including but not limited to any paper or electronic 2 22 format. 2 23 Sec. 8. Section 717A.2, Code 2011, is amended by striking 2 24 the section and inserting in lieu thereof the following: 2 25 717A.2 Animal facility tampering. 2 26 1. A person is guilty of animal facility tampering if the 2 27 person acts without the consent of the owner of an animal 2 28 facility to willfully do any of the following: 2 29 a. Damage, destroy, or alter property kept at the animal 2 30 facility, including but not limited to land, fixtures, 2 31 structures, equipment, machinery, vehicles, records, or 2 32 computer software or data. 2 33 b. Kill or injure an animal maintained at the animal 2 34 facility, including by an act of violence or the transmission 2 35 of a disease including but not limited to any infectious or 3 1 contagious disease designated by the department of agriculture 3 2 and land stewardship pursuant to section 163.2. 3 3 c. Take by theft an animal maintained or other property kept 3 4 at the animal facility. 3 5 d. Disrupt operations conducted at the animal facility, 3 6 if the operations directly relate to agricultural production, 3 7 animal maintenance, educational or scientific purposes, or 3 8 veterinary care. 3 9 2. A person who commits the offense of animal facility 3 10 tampering is guilty of the following: 3 11 a. Animal facility tampering in the first degree occurs when 3 12 the result of the offense is damages incurred by the owner of 3 13 the animal facility of more than one hundred thousand dollars. 3 14 A person convicted of animal facility tampering in the first 3 15 degree is guilty of a class "C" felony. 3 16 b. Animal facility tampering in the second degree occurs 3 17 when the result of the offense is damages incurred by the owner 3 18 of the animal facility of more than ten thousand dollars but 3 19 not more than one hundred thousand dollars. A person convicted 3 20 of animal facility tampering in the second degree is guilty of 3 21 a class "D" felony. 3 22 c. Animal facility tampering in the third degree occurs 3 23 when the result of the offense is damages incurred by the owner 3 24 of the animal facility of more than one thousand dollars but 3 25 not more than ten thousand dollars. A person convicted of 3 26 animal facility tampering in the third degree is guilty of an 3 27 aggravated misdemeanor. 3 28 d. Animal facility tampering in the fourth degree occurs 3 29 when the result of the offense is the damages incurred by the 3 30 owner of the animal facility of more than three hundred dollars 3 31 but not more than one thousand dollars. A person convicted of 3 32 animal facility tampering in the fourth degree is guilty of a 3 33 serious misdemeanor. 3 34 e. Animal facility tampering in the fifth degree occurs when 3 35 the result of the offense is damages incurred by the owner of 4 1 the animal facility of three hundred dollars or less. A person 4 2 convicted of animal facility tampering in the fifth degree is 4 3 guilty of a simple misdemeanor. 4 4 3. A person who participates in a conspiracy to commit 4 5 the offense of animal facility tampering, and who acts in 4 6 furtherance of that commission, is guilty of the same offense 4 7 as the person convicted of committing the offense on or in the 4 8 animal facility. 4 9 4. A person convicted of animal facility tampering is 4 10 subject to an order of restitution as provided in chapter 910. 4 11 5. In determining the value of damages incurred by an 4 12 owner of an animal facility under this section, a court 4 13 shall calculate the actual and consequential pecuniary losses 4 14 resulting from the commission of the offense. 4 15 Sec. 9. NEW SECTION. 717A.2A Animal facility interference. 4 16 1. A person is guilty of animal facility interference, if 4 17 the person acts without the consent of the owner of an animal 4 18 facility to willfully do any of the following: 4 19 a. Produce a record which reproduces an image or sound 4 20 occurring at the animal facility as follows: 4 21 (1) The record must be created by the person while at the 4 22 animal facility. 4 23 (2) The record must be a reproduction of a visual or audio 4 24 experience occurring at the animal facility, including but not 4 25 limited to a photographic or audio medium. 4 26 b. Possess or distribute a record which produces an image 4 27 or sound occurring at the animal facility which was produced 4 28 as provided in paragraph "a". 4 29 c. Exercise control over the animal facility including an 4 30 animal maintained at the animal facility or other property 4 31 kept at the animal facility, with intent to deprive the animal 4 32 facility of the animal or property. 4 33 d. Enter onto the animal facility, or remain at the animal 4 34 facility, if the person has notice that the facility is 4 35 not open to the public. A person has notice that an animal 5 1 facility is not open to the public if the person is provided 5 2 notice before entering onto the facility, or the person refuses 5 3 to immediately leave the facility after being informed to 5 4 leave. The notice may be in the form of a written or verbal 5 5 communication by the owner, a fence or other enclosure designed 5 6 to exclude intruders or contain animals, or a sign posted which 5 7 is reasonably likely to come to the attention of an intruder 5 8 and which indicates that entry is forbidden. 5 9 2. A person who commits the offense of animal facility 5 10 interference is guilty of the following: 5 11 a. For the first conviction, the person is guilty of an 5 12 aggravated misdemeanor. 5 13 b. For a second or subsequent conviction, the person is 5 14 guilty of a class "D" felony. 5 15 3. A person convicted of animal facility interference is 5 16 subject to an order of restitution as provided in chapter 910. 5 17 Sec. 10. NEW SECTION. 717A.2B Animal facility fraud. 5 18 1. A person is guilty of animal facility fraud, if the 5 19 person willfully does any of the following: 5 20 a. Obtains access to an animal facility by false pretenses 5 21 for the purpose of committing an act not authorized by the 5 22 owner of the animal facility. 5 23 b. Makes a false statement or representation as part of 5 24 an application to be employed at the animal facility, if the 5 25 person knows it to be false. 5 26 2. A person who commits the offense of animal facility fraud 5 27 is guilty of the following: 5 28 a. For the first conviction, the person is guilty of an 5 29 aggravated misdemeanor. 5 30 b. For a second or subsequent conviction, the person is 5 31 guilty of a class "D" felony. 5 32 3. A person convicted of animal facility fraud is subject to 5 33 an order of restitution as provided in chapter 910. 5 34 Sec. 11. NEW SECTION. 717A.2C Animal facilities ==== civil 5 35 actions. 6 1 1. A person suffering damages resulting from the commission 6 2 of animal facility tampering as provided in section 717A.2 or 6 3 animal facility interference as provided in section 717A.2A 6 4 may bring an action in the district court against the person 6 5 causing the damages to recover all of the following: 6 6 a. An amount equaling three times all actual and 6 7 consequential damages. 6 8 b. Court costs and reasonable attorney fees. 6 9 2. In addition to awarding damages as provided in subsection 6 10 1, a court may grant any equitable relief that the court 6 11 determines is appropriate. Nothing in this chapter shall 6 12 prevent a party from petitioning a court for equitable relief. 6 13 Sec. 12. NEW SECTION. 717A.2D Animal facilities ==== 6 14 exceptions. 6 15 1. Section 717A.2 or 717A.2A does not prohibit any conduct 6 16 of a person holding a legal interest in an animal facility, an 6 17 animal maintained at the animal facility, or other property 6 18 kept at the animal facility which legal interest is superior to 6 19 the legal interest held by a person incurring damages resulting 6 20 from the conduct. 6 21 2. Section 717A.2 or 717A.2A does not apply to any of the 6 22 following: 6 23 a. A governmental agency or officer who is taking lawful 6 24 action involving an animal facility, an animal maintained at 6 25 the animal facility, or other property kept at the animal 6 26 facility. 6 27 b. A licensed veterinarian practicing veterinary medicine as 6 28 provided in chapter 169 and according to customary standards 6 29 of care. 6 30 Sec. 13. Section 717A.3, Code 2011, is amended by striking 6 31 the section and inserting in lieu thereof the following: 6 32 717A.3 Crop operation tampering. 6 33 1. A person is guilty of crop operation tampering if 6 34 the person acts without the consent of the owner of a crop 6 35 operation to willfully do any of the following: 7 1 a. Damage, destroy, or alter property kept at the crop 7 2 operation, including but not limited to land, fixtures, 7 3 structures, equipment, machinery, vehicles, records, or 7 4 computer software or data. 7 5 b. Destroy or injure a crop maintained at a crop operation, 7 6 including by an act of violence or the transmission of a 7 7 disease including but not limited to any disease or pests. 7 8 c. Take by theft a crop maintained or other personal 7 9 property kept at the crop operation. 7 10 d. Disrupt operations conducted at the crop operation, if 7 11 the operations directly relate to agricultural production, 7 12 crop maintenance, educational or scientific purposes, or 7 13 horticultural care. 7 14 2. A person who commits the offense of crop operation 7 15 tampering is guilty of the following: 7 16 a. Crop operation tampering in the first degree occurs when 7 17 the result of the offense is damages incurred by the owner of 7 18 more than one hundred thousand dollars. A person convicted of 7 19 crop operation tampering in the first degree is guilty of a 7 20 class "C" felony. 7 21 b. Crop operation tampering in the second degree occurs when 7 22 the result of the offense is damages incurred by the owner of 7 23 the crop operation of more than ten thousand dollars but not 7 24 more than one hundred thousand dollars. A person convicted of 7 25 crop operation tampering in the second degree is guilty of a 7 26 class "D" felony. 7 27 c. Crop operation tampering in the third degree occurs when 7 28 the result of the offense is damages incurred by the owner of 7 29 the crop operation of more than one thousand dollars but not 7 30 more than ten thousand dollars. A person convicted of crop 7 31 operation property tampering in the third degree is guilty of 7 32 an aggravated misdemeanor. 7 33 d. Crop operation tampering in the fourth degree occurs 7 34 when the result of the offense is damages incurred by the owner 7 35 of the crop operation of more than three hundred dollars but 8 1 not more than one thousand dollars. A person convicted of crop 8 2 operation tampering in the fourth degree is guilty of a serious 8 3 misdemeanor. 8 4 e. Crop operation tampering in the fifth degree occurs when 8 5 the result of the offense is damages incurred by the owner of 8 6 the crop operation of three hundred dollars or less. A person 8 7 convicted of crop operation tampering in the fifth degree is 8 8 guilty of a simple misdemeanor. 8 9 3. A person who participates in a conspiracy to commit 8 10 the offense of crop operation tampering, and who acts in 8 11 furtherance of that commission, is guilty of the same offense 8 12 as the person convicted of committing the offense on or in the 8 13 crop operation. 8 14 4. A person convicted of crop operation tampering is subject 8 15 to an order of restitution as provided in chapter 910. 8 16 5. In determining the value of damages incurred under this 8 17 section, a court shall calculate the actual and consequential 8 18 pecuniary losses resulting from the commission of the offense. 8 19 Sec. 14. NEW SECTION. 717A.3A Crop operation interference. 8 20 1. A person is guilty of crop operation interference, if 8 21 the person acts without the consent of the owner of a crop 8 22 operation to willfully do any of the following: 8 23 a. Produce a record which reproduces an image or sound 8 24 occurring at the crop operation as follows: 8 25 (1) The record must be created by the person while at the 8 26 crop operation. 8 27 (2) The record must be a reproduction of a visual or audio 8 28 experience occurring at the crop operation, including but not 8 29 limited to a photographic or audio medium. 8 30 b. Possess or distribute a record which produces an image 8 31 or sound occurring at the crop operation which was produced as 8 32 provided in paragraph "a". 8 33 c. Exercise control over the crop operation, including a 8 34 crop maintained at the crop operation or other property kept at 8 35 the crop operation, with intent to deprive the crop operation 9 1 of the crop or property. 9 2 d. Enter onto the crop operation, or remain on or in 9 3 the crop operation, if the person has notice that the crop 9 4 operation is not open to the public. A person has notice that 9 5 a crop operation is not open to the public if the person is 9 6 provided notice before entering onto the crop operation, or the 9 7 person refuses to immediately leave the crop operation after 9 8 being informed to leave. The notice may be in the form of a 9 9 written or verbal communication by the owner, a fence or other 9 10 enclosure designed to exclude intruders or contain crops, or a 9 11 sign posted which is reasonably likely to come to the attention 9 12 of an intruder and which indicates that entry is forbidden. 9 13 2. A person who commits the offense of crop operation 9 14 interference is guilty of the following: 9 15 a. For the first conviction, the person is guilty of an 9 16 aggravated misdemeanor. 9 17 b. For a second or subsequent conviction, the person is 9 18 guilty of a class "D" felony. 9 19 3. A person convicted of crop operation interference is 9 20 subject to an order of restitution as provided in chapter 910. 9 21 Sec. 15. NEW SECTION. 717A.3B Crop operation fraud. 9 22 1. A person is guilty of crop operation fraud, if the person 9 23 willfully does any of the following: 9 24 a. Obtains access to a crop operation by false pretenses for 9 25 the purpose of committing an act not authorized by the owner 9 26 of the crop operation. 9 27 b. Makes a false statement or representation as part of an 9 28 application to be employed at a crop operation, if the person 9 29 knows it to be false. 9 30 2. A person who commits the offense of crop operation fraud 9 31 is guilty of the following: 9 32 a. For the first conviction, the person is guilty of an 9 33 aggravated misdemeanor. 9 34 b. For a second or subsequent conviction, the person is 9 35 guilty of a class "D" felony. 10 1 3. A person convicted of crop operation fraud is subject to 10 2 an order of restitution as provided in chapter 910. 10 3 Sec. 16. NEW SECTION. 717A.3C Crop operations ==== civil 10 4 actions. 10 5 1. A person suffering damages resulting from the commission 10 6 of crop operation tampering as provided in section 717A.3 or 10 7 crop operation interference as provided in section 717A.3A 10 8 may bring an action in the district court against the person 10 9 causing the damage to recover all of the following: 10 10 a. An amount equaling three times all actual and 10 11 consequential damages. 10 12 b. Court costs and reasonable attorney fees. 10 13 2. In addition to awarding damages as provided in subsection 10 14 1, a court may grant any equitable relief that the court 10 15 determines is appropriate. Nothing in this chapter shall 10 16 prevent a party from petitioning a court for equitable relief. 10 17 Sec. 17. NEW SECTION. 717A.3D Crop operations ==== 10 18 exceptions. 10 19 1. Section 717A.3 or 717A.3A does not prohibit any conduct 10 20 of a person holding a legal interest in a crop operation, a 10 21 crop maintained at the crop operation, or other property kept 10 22 at the crop operation which legal interest is superior to the 10 23 legal interest held by a person incurring damages resulting 10 24 from the conduct. 10 25 2. Section 717A.3 or 717A.3A does not apply to a 10 26 governmental agency or officer who is taking lawful action 10 27 involving a crop operation, a crop maintained at the crop 10 28 operation, or other property kept at the crop operation. 10 29 EXPLANATION 10 30 GENERAL. This bill amends Code chapter 717A, which 10 31 prohibits a person from entering on or damaging property 10 32 associated with a facility or operation where animals or 10 33 crops are maintained. An animal facility includes a location 10 34 where an animal is produced for agricultural or educational 10 35 scientific purposes, or a location operated by a licensed 11 1 veterinarian, or a commercial or nonprofit pet establishment. 11 2 A crop operation includes a crop field, orchard, or other 11 3 location where a crop is grown, harvested, or stored. The bill 11 4 strikes and rewrites provisions specifying the offenses. 11 5 TAMPERING. The bill prohibits a person from tampering with 11 6 property associated with an animal facility or crop operation, 11 7 including damaging property, killing or injuring an animal or 11 8 crop, committing theft, or disrupting operations. The various 11 9 degrees of the offense based on loss incurred by the owner of 11 10 the property, and ranging from a class "C" felony for a loss of 11 11 more than $100,000 to a simple misdemeanor for a loss of $300 11 12 or less. A person is guilty of the same offense for conspiracy 11 13 in furtherance of the act. A person convicted of tampering is 11 14 subject to an order of restitution (Code chapter 910). 11 15 INTERFERENCE. The bill prohibits a person from interfering 11 16 with an animal facility or crop operation. This includes 11 17 producing an audio or visual record which reproduces an image 11 18 or sound occurring on or in the location, or possessing or 11 19 distributing the record. It also prohibits a person from 11 20 exercising control over the location or property, with intent 11 21 to deprive the owner of the property, or entering onto the 11 22 location, if the person has notice that the location is not 11 23 open to the public. The severity of the offense is based on 11 24 whether there has been a previous conviction. For the first 11 25 conviction, the person is guilty of an aggravated misdemeanor, 11 26 and for a second or subsequent conviction, the person is guilty 11 27 of a class "D" felony. 11 28 FRAUD. The bill prohibits a person from committing fraud, 11 29 by obtaining access to an animal facility or crop operation 11 30 by false pretenses for the purpose of committing an act not 11 31 authorized by the owner, or making a false statement as part of 11 32 an application to be employed at the location. The severity 11 33 of the offense is based on whether there has been a previous 11 34 conviction. For the first conviction, the person is guilty 11 35 of an aggravated misdemeanor, and for a second or subsequent 12 1 conviction, the person is guilty of a class "D" felony. A 12 2 person convicted of tampering is subject to an order of 12 3 restitution (Code chapter 910). 12 4 CONVICTION FOR OFFENSES ==== PENALTIES. A class "C" felony 12 5 is punishable by confinement for no more than 10 years and a 12 6 fine of at least $1,000 but not more than $10,000. A class 12 7 "D" felony is punishable by confinement for no more than five 12 8 years and a fine of at least $750 but not more than $7,500. An 12 9 aggravated misdemeanor is punishable by confinement for no more 12 10 than two years and a fine of at least $625 but not more than 12 11 $6,250. A serious misdemeanor is punishable by confinement for 12 12 no more than one year and a fine of at least $315 but not more 12 13 than $1,875. A simple misdemeanor is punishable by confinement 12 14 for no more than 30 days or a fine of at least $65 but not more 12 15 than $625 or by both. 12 16 CIVIL PENALTIES. In addition to the criminal penalties, 12 17 a person suffering damages resulting from the commission of 12 18 tampering or interference may bring an action in the district 12 19 court against the person causing the damages to recover an 12 20 amount equaling three times all actual and consequential 12 21 damages, and court costs and reasonable attorney fees. In 12 22 addition, a court may grant a petitioner equitable relief. 12 23 EXCEPTIONS. The provisions in the bill do not prohibit 12 24 any conduct of a person holding a legal interest in an animal 12 25 facility, crop operation, animal, crop, or property which legal 12 26 interest is superior to the legal interest held by a person 12 27 incurring damages resulting from the conduct; an action by a 12 28 governmental agency or officer; or an action by a licensed 12 29 veterinarian. LSB 2093SV (1) 84 da/rj
Text: SF430            Text: SF432 Complete Bill History