OneCam
Well-Known Member
Once again we need your help by contacting your legislators in support of House File 453 which is currently under opposition on the house floor.
"THIS BILL MAKES IT ILLEGAL TO KEEP GAME YOU HAVE SHOT WHILE TRESSPASSING. CURRENTLY IT ISN'T CONSIDERED POACHING AND YOU CAN LEGALLY KEEP POACHED GAME"
House File 453
HOUSE FILE
BY HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to trespassing, including the authority of the
2 department of natural resources to suspend or revoke hunting,
3 fishing, or trapping licenses for trespass violations, and
4 providing penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2599YH 81
7 av/pj/5
PAG LIN
1 1 Section 1. Section 481A.130, subsection 1, unnumbered
1 2 paragraph 1, Code 2005, is amended to read as follows:
1 3 In addition to the penalties for violations of this chapter
1 4 and chapters 350, 461A, 481B, and 482, or for committing
1 5 trespass as defined in section 716.7 while hunting, fishing,
1 6 or trapping, a person convicted of unlawfully selling, taking,
1 7 catching, killing, injuring, destroying, or having in
1 8 possession any animal, shall reimburse the state for the value
1 9 of such as follows:
1 10 Sec. 2. Section 481A.134, Code 2005, is amended to read as
1 11 follows:
1 12 481A.134 AUTHORITY TO CANCEL, SUSPEND, OR REVOKE LICENSE
1 13 == POINT SYSTEM.
1 14 The department shall establish rules pursuant to chapter
1 15 17A providing for the suspension or revocation of licenses
1 16 issued by the department. The rules may include procedures
1 17 for summary cancellation of a license based on documentation
1 18 that the licensee failed to pay the applicable fee for the
1 19 license. For purposes of determining when to suspend or
1 20 revoke a license issued by the department under this section,
1 21 the department shall adopt a point system pursuant to chapter
1 22 17A for the purpose of weighing the seriousness of violations
1 23 of the provisions of this chapter or chapter 481B, 482, 483A,
1 24 484A, or 484B, or of committing trespass as defined in section
1 25 716.7 while hunting, fishing, or trapping. The weighted scale
1 26 may be amended from time to time as experience dictates.
1 27 Sec. 3. Section 481A.135, subsections 2, 3, and 4, Code
1 28 2005, are amended to read as follows:
1 29 2. A person who pleads guilty or is convicted of a
1 30 violation of any provision of this chapter or chapter 481B,
1 31 482, 483A, 484A, or 484B, or trespass as defined in section
1 32 716.7 while hunting, fishing, or trapping, while the person's
1 33 license or licenses are suspended or revoked is guilty of a
1 34 simple misdemeanor if the person has no other violations
1 35 within the previous three years which occurred while the
2 1 person's license or licenses have been suspended or revoked.
2 2 3. A person who pleads guilty or is convicted of a
2 3 violation of any provision of this chapter or chapter 481B,
2 4 482, 483A, 484A, or 484B, or trespass as defined in section
2 5 716.7 while hunting, fishing, or trapping, while the person's
2 6 license or licenses are suspended or revoked is guilty of a
2 7 serious misdemeanor if the person has one other violation
2 8 within the previous three years which occurred while the
2 9 person's license or licenses have been suspended or revoked.
2 10 4. A person who pleads guilty or is convicted of a
2 11 violation of any provision of this chapter or chapter 481B,
2 12 482, 483A, 484A, or 484B, or trespass as defined in section
2 13 716.7 while hunting, fishing, or trapping, while the person's
2 14 license or licenses are suspended or revoked is guilty of an
2 15 aggravated misdemeanor when the person has had two or more
2 16 convictions within the previous three years which occurred
2 17 while the person's license or licenses have been suspended or
2 18 revoked.
2 19 Sec. 4. Section 716.7, subsection 2, paragraph a, Code
2 20 2005, is amended to read as follows:
2 21 a. Entering upon or in property without the express
2 22 permission of the owner, lessee, or person in lawful
2 23 possession with the intent to commit a public offense, to use,
2 24 remove therefrom, alter, damage, harass, or place thereon or
2 25 therein anything animate or inanimate, or to hunt, fish or
2 26 trap on or in the property, including the act of taking or
2 27 attempting to take a wild animal as defined in section 481A.1
2 28 which is on or in the property by a person who is outside the
2 29 property. This paragraph does not prohibit the unarmed
2 30 pursuit of game or furbearing fur=bearing animals by a person
2 31 who lawfully injured or killed the game or fur=bearing animal
2 32 which come comes to rest on or escape escapes to the property
2 33 of another.
2 34 Sec. 5. Section 716.8, subsection 1, Code 2005, is amended
2 35 to read as follows:
3 1 1. Any person who knowingly trespasses upon the property
3 2 of another commits a simple misdemeanor.
3 3 Sec. 6. Section 716.8, Code 2005, is amended by adding the
3 4 following new subsection:
3 5 NEW SUBSECTION. 5. A person who commits a trespass as
3 6 defined in section 716.7, subsection 2, paragraph "a", and
3 7 takes a wild animal, as defined in section 481A.1, shall also
3 8 be subject to civil penalties as provided in sections 481A.130
3 9 and 481A.131. An animal taken by a person while committing
3 10 such a trespass shall be subject to seizure as provided in
3 11 section 481A.12.
3 12 EXPLANATION
3 13 This bill authorizes the department of natural resources to
3 14 consider trespass violations committed while a person is
3 15 hunting, fishing, or trapping when determining civil penalties
3 16 pursuant to Code section 481A.130. The bill also allows the
3 17 department to include trespass violations in the point system
3 18 used pursuant to Code section 481A.134 to determine when
3 19 licenses for such activities should be suspended or revoked
3 20 and in determining penalties pursuant to Code section 481A.135
3 21 for repeat offenders of hunting, fishing, and trapping laws
3 22 who commit additional violations while the person's license or
3 23 licenses are suspended or revoked. A person who is convicted
3 24 of a repeat offense while the person's license is suspended or
3 25 revoked is guilty of one of the following misdemeanors:
3 26 1. A simple misdemeanor if the person has no other
3 27 violations within the previous three years which occurred
3 28 while the person's license or licenses were suspended or
3 29 revoked. A simple misdemeanor is punishable by confinement
3 30 for no more than 30 days or a fine of at least $50 but not
3 31 more than $500 or by both.
3 32 2. A serious misdemeanor if the person has one other
3 33 violation within the previous three years which occurred while
3 34 the person's license or licenses were suspended or revoked. A
3 35 serious misdemeanor is punishable by confinement for no more
4 1 than one year and a fine of at least $250 but not more than
4 2 $1,500.
4 3 3. An aggravated misdemeanor when the person has had two
4 4 or more convictions within the previous three years which
4 5 occurred while the person's license or licenses were suspended
4 6 or revoked. An aggravated misdemeanor is punishable by
4 7 confinement for no more than two years and a fine of at least
4 8 $500 but not more than $5,000.
4 9 The bill amends Code section 716.7 defining "trespass" to
4 10 provide that trespass includes the act of taking or attempting
4 11 to take a wild animal, as defined in Code section 481A.1,
4 12 which is on or in the property of another by a person who is
4 13 outside the property. The bill also provides that the unarmed
4 14 pursuit of game or furbearing animals which come to rest on or
4 15 escape to the property of another by a person who lawfully
4 16 injured or killed the animal does not constitute trespass.
4 17 The bill provides that a person who trespasses upon the
4 18 property of another, whether knowingly or not, commits a
4 19 simple misdemeanor. A simple misdemeanor is punishable by
4 20 confinement for no more than 30 days or a fine of at least $50
4 21 but not more than $500 or by both.
4 22 The bill also provides that a person who commits trespass
4 23 as provided in the bill and takes a wild animal shall be
4 24 subject to civil penalties under Code sections 481A.130 and
4 25 481A.131 and the wild animal taken shall be subject to seizure
4 26 as provided in Code section 481A.12.
4 27 LSB 2599YH 81
4 28 av:nh/pj/5
"THIS BILL MAKES IT ILLEGAL TO KEEP GAME YOU HAVE SHOT WHILE TRESSPASSING. CURRENTLY IT ISN'T CONSIDERED POACHING AND YOU CAN LEGALLY KEEP POACHED GAME"
House File 453
HOUSE FILE
BY HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to trespassing, including the authority of the
2 department of natural resources to suspend or revoke hunting,
3 fishing, or trapping licenses for trespass violations, and
4 providing penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2599YH 81
7 av/pj/5
PAG LIN
1 1 Section 1. Section 481A.130, subsection 1, unnumbered
1 2 paragraph 1, Code 2005, is amended to read as follows:
1 3 In addition to the penalties for violations of this chapter
1 4 and chapters 350, 461A, 481B, and 482, or for committing
1 5 trespass as defined in section 716.7 while hunting, fishing,
1 6 or trapping, a person convicted of unlawfully selling, taking,
1 7 catching, killing, injuring, destroying, or having in
1 8 possession any animal, shall reimburse the state for the value
1 9 of such as follows:
1 10 Sec. 2. Section 481A.134, Code 2005, is amended to read as
1 11 follows:
1 12 481A.134 AUTHORITY TO CANCEL, SUSPEND, OR REVOKE LICENSE
1 13 == POINT SYSTEM.
1 14 The department shall establish rules pursuant to chapter
1 15 17A providing for the suspension or revocation of licenses
1 16 issued by the department. The rules may include procedures
1 17 for summary cancellation of a license based on documentation
1 18 that the licensee failed to pay the applicable fee for the
1 19 license. For purposes of determining when to suspend or
1 20 revoke a license issued by the department under this section,
1 21 the department shall adopt a point system pursuant to chapter
1 22 17A for the purpose of weighing the seriousness of violations
1 23 of the provisions of this chapter or chapter 481B, 482, 483A,
1 24 484A, or 484B, or of committing trespass as defined in section
1 25 716.7 while hunting, fishing, or trapping. The weighted scale
1 26 may be amended from time to time as experience dictates.
1 27 Sec. 3. Section 481A.135, subsections 2, 3, and 4, Code
1 28 2005, are amended to read as follows:
1 29 2. A person who pleads guilty or is convicted of a
1 30 violation of any provision of this chapter or chapter 481B,
1 31 482, 483A, 484A, or 484B, or trespass as defined in section
1 32 716.7 while hunting, fishing, or trapping, while the person's
1 33 license or licenses are suspended or revoked is guilty of a
1 34 simple misdemeanor if the person has no other violations
1 35 within the previous three years which occurred while the
2 1 person's license or licenses have been suspended or revoked.
2 2 3. A person who pleads guilty or is convicted of a
2 3 violation of any provision of this chapter or chapter 481B,
2 4 482, 483A, 484A, or 484B, or trespass as defined in section
2 5 716.7 while hunting, fishing, or trapping, while the person's
2 6 license or licenses are suspended or revoked is guilty of a
2 7 serious misdemeanor if the person has one other violation
2 8 within the previous three years which occurred while the
2 9 person's license or licenses have been suspended or revoked.
2 10 4. A person who pleads guilty or is convicted of a
2 11 violation of any provision of this chapter or chapter 481B,
2 12 482, 483A, 484A, or 484B, or trespass as defined in section
2 13 716.7 while hunting, fishing, or trapping, while the person's
2 14 license or licenses are suspended or revoked is guilty of an
2 15 aggravated misdemeanor when the person has had two or more
2 16 convictions within the previous three years which occurred
2 17 while the person's license or licenses have been suspended or
2 18 revoked.
2 19 Sec. 4. Section 716.7, subsection 2, paragraph a, Code
2 20 2005, is amended to read as follows:
2 21 a. Entering upon or in property without the express
2 22 permission of the owner, lessee, or person in lawful
2 23 possession with the intent to commit a public offense, to use,
2 24 remove therefrom, alter, damage, harass, or place thereon or
2 25 therein anything animate or inanimate, or to hunt, fish or
2 26 trap on or in the property, including the act of taking or
2 27 attempting to take a wild animal as defined in section 481A.1
2 28 which is on or in the property by a person who is outside the
2 29 property. This paragraph does not prohibit the unarmed
2 30 pursuit of game or furbearing fur=bearing animals by a person
2 31 who lawfully injured or killed the game or fur=bearing animal
2 32 which come comes to rest on or escape escapes to the property
2 33 of another.
2 34 Sec. 5. Section 716.8, subsection 1, Code 2005, is amended
2 35 to read as follows:
3 1 1. Any person who knowingly trespasses upon the property
3 2 of another commits a simple misdemeanor.
3 3 Sec. 6. Section 716.8, Code 2005, is amended by adding the
3 4 following new subsection:
3 5 NEW SUBSECTION. 5. A person who commits a trespass as
3 6 defined in section 716.7, subsection 2, paragraph "a", and
3 7 takes a wild animal, as defined in section 481A.1, shall also
3 8 be subject to civil penalties as provided in sections 481A.130
3 9 and 481A.131. An animal taken by a person while committing
3 10 such a trespass shall be subject to seizure as provided in
3 11 section 481A.12.
3 12 EXPLANATION
3 13 This bill authorizes the department of natural resources to
3 14 consider trespass violations committed while a person is
3 15 hunting, fishing, or trapping when determining civil penalties
3 16 pursuant to Code section 481A.130. The bill also allows the
3 17 department to include trespass violations in the point system
3 18 used pursuant to Code section 481A.134 to determine when
3 19 licenses for such activities should be suspended or revoked
3 20 and in determining penalties pursuant to Code section 481A.135
3 21 for repeat offenders of hunting, fishing, and trapping laws
3 22 who commit additional violations while the person's license or
3 23 licenses are suspended or revoked. A person who is convicted
3 24 of a repeat offense while the person's license is suspended or
3 25 revoked is guilty of one of the following misdemeanors:
3 26 1. A simple misdemeanor if the person has no other
3 27 violations within the previous three years which occurred
3 28 while the person's license or licenses were suspended or
3 29 revoked. A simple misdemeanor is punishable by confinement
3 30 for no more than 30 days or a fine of at least $50 but not
3 31 more than $500 or by both.
3 32 2. A serious misdemeanor if the person has one other
3 33 violation within the previous three years which occurred while
3 34 the person's license or licenses were suspended or revoked. A
3 35 serious misdemeanor is punishable by confinement for no more
4 1 than one year and a fine of at least $250 but not more than
4 2 $1,500.
4 3 3. An aggravated misdemeanor when the person has had two
4 4 or more convictions within the previous three years which
4 5 occurred while the person's license or licenses were suspended
4 6 or revoked. An aggravated misdemeanor is punishable by
4 7 confinement for no more than two years and a fine of at least
4 8 $500 but not more than $5,000.
4 9 The bill amends Code section 716.7 defining "trespass" to
4 10 provide that trespass includes the act of taking or attempting
4 11 to take a wild animal, as defined in Code section 481A.1,
4 12 which is on or in the property of another by a person who is
4 13 outside the property. The bill also provides that the unarmed
4 14 pursuit of game or furbearing animals which come to rest on or
4 15 escape to the property of another by a person who lawfully
4 16 injured or killed the animal does not constitute trespass.
4 17 The bill provides that a person who trespasses upon the
4 18 property of another, whether knowingly or not, commits a
4 19 simple misdemeanor. A simple misdemeanor is punishable by
4 20 confinement for no more than 30 days or a fine of at least $50
4 21 but not more than $500 or by both.
4 22 The bill also provides that a person who commits trespass
4 23 as provided in the bill and takes a wild animal shall be
4 24 subject to civil penalties under Code sections 481A.130 and
4 25 481A.131 and the wild animal taken shall be subject to seizure
4 26 as provided in Code section 481A.12.
4 27 LSB 2599YH 81
4 28 av:nh/pj/5
