Iowa 2017-2018 Regular Session Status: Enacted

HF 69 — A bill for an act relating to criminal trespass and modifying penalties. Effective 7-1-17.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 23, 2017. Enacted.

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Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

74 added · 39 removed

74 line(s) added, 39 removed.

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House File 69 - Reprinted HOUSE FILE 69 BY HEARTSILL (As Amended and Passed by the House March 7, 2017) A BILL FOR An Act modifying penalties for trespassing.
House File 69 - Enrolled House File 69 AN ACT RELATING TO CRIMINAL TRESPASS AND MODIFYING PENALTIES.
HF 69 (6) 87 jh/sc/md H.F.
Section 1.
69 Section 1.
Section 716.7, subsection 2, paragraph a, subparagraph (2), Code 2017, is amended to read as follows:
(2) Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.
A person has received notice to abstain from entering or remaining upon or in property within the meaning of this subparagraph (2) if any of the following is applicable:
(a) The person has been notified to abstain from entering or remaining upon or in property personally, either orally or in writing, including by a valid court order under chapter 236.
House File 69, p.
2 (b) A printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part of the property.
Sec.
2.
Any person who knowingly trespasses upon the property of another commits a simple misdemeanor, except that any person who intentionally trespasses as defined in section 716.7, subsection 2 , paragraph “a”, subparagraph (7), commits a serious misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11.
Any person who knowingly trespasses upon the property of another commits a simple misdemeanor, except that any person who intentionally trespasses as defined in section 716.7, subsection 2 , paragraph “a”, subparagraph (7), commits a serious misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11 .
A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.
A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.
2.
3.
3.
4.
For trespasses punishable under section 716.8, subsection 1 or 5, the scheduled fine is two hundred dollars for a first violation, five hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation.
For trespasses punishable under section 716.8, subsection 1 or 5, the House File 69, p.
HF 69 (6) 87 -1- jh/sc/md 1/1
3 scheduled fine is two hundred dollars for a first violation, five hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation.
______________________________ ______________________________ LINDA UPMEYER JACK WHITVER Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 69, Eighty-seventh General Assembly.
______________________________ CARMINE BOAL Chief Clerk of the House Approved _______________, 2017 ______________________________ TERRY E.
BRANSTAD Governor
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How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill modifies the penalties for criminal trespass in Iowa, introducing new classifications and fines.

  • Section 716.8

    Any person who intentionally trespasses as defined in section 716.7, subsection 2, paragraph 'a', subparagraph (7), commits a serious misdemeanor.

    This addition establishes that intentional trespass is a serious misdemeanor.

  • Section 805.8C

    Trespassing violations. For trespasses punishable under section 716.8, subsection 1 or 5, the scheduled fine is two hundred dollars for a first violation, five hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation.

    This establishes a structured fine system for trespassing violations.

  • Section 716.8, subsection 1

    Any person who knowingly trespasses upon the property of another commits a simple misdemeanor, except that any person who intentionally trespasses as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. → Any person who knowingly trespasses upon the property of another commits a simple misdemeanor.

    This change simplifies the language regarding penalties for knowingly trespassing.

  • Section 716.8, subsection 5

    A person who commits a trespass while hunting deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 11. → A person who commits a trespass while hunting deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, commits a simple misdemeanor.

    This change clarifies the penalties regarding trespassing while hunting deer.

Amendments

6 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Signed by Governor.

  2. Sent to Governor.

  3. Reported correctly enrolled, signed by Speaker and President.

  4. Message from Senate.

  5. Immediate message.

  6. Passed Senate, ayes 49, nays 1.

  7. Senate concurred with S-3350.

  8. Message from House, with amendment S-3350.

  9. Immediate message.

  10. Passed House, ayes 97, nays 0.

  11. House concurred in Senate amendment H-1340, as amended.

  12. Amendment H-1373 to Senate amendment H-1340 adopted.

  13. Amendment H-1373 filed.

  14. Senate amendment H-1340 filed.

  15. Message from Senate.

  16. Immediate message.

  17. Passed Senate, ayes 44, nays 5.

  18. Amendment S-3317 filed, adopted.

  19. Amendment S-3318 filed, adopted.

  20. Placed on calendar under unfinished business.

  21. Committee report, recommending passage.

  22. Subcommittee: Shipley, Bisignano, and Sinclair.

  23. Read first time, referred to Judiciary.

  24. Message from House.

  25. Explanation of vote.

  26. Immediate message.

  27. Passed House, ayes 95, nays 0.

  28. Committee amendment H-1013 adopted.

  29. Fiscal note.

  30. Committee amendment H-1013 filed.

  31. Committee report, recommending amendment and passage.

  32. Subcommittee: Heartsill, Hinson and Wessel-Kroeschell.

  33. Introduced, referred to Judiciary.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

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This bill has been enacted into law. Introduced January 23, 2017. Enacted.
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