Bills › 88th General Assembly
Relating to the assessment of an agricultural crime surcharge on criminal offenses involving crops, livestock, or honeybees, and making an appropriation
Sponsored by the House Appropriations (successor To Hsb 82) Committee
Topics:AgricultureState budgetCrime & correctionsLivestock & confinements
Where it is now
- Done: IntroducedFebruary 28, 2019
- Done: SubcommitteeMarch 5, 2019
- Done: House committeeMarch 13, 2019
- Done: Passes the HouseApril 24, 2019
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
GENERAL. This bill requires that a person convicted of a class “C” felony, class “D” felony, or aggravated misdemeanor, for an offense classified as theft or criminal mischief shall be assessed an agricultural crime surcharge equal to $500.8108(9)). AGRICULTURAL PROPERTY SUBJECT TO THE SURCHARGE.1), or a plant which is a tree, shrub, vine, berry plant, greenhouse plant, or flower.1). Honeybees are kept as a colony and enclosed in a container (or hive with movable frames) with combs where worker bees and a queen bee reside (Code chapter 160).
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DEGREES OF OFFENSE BASED ON VALUE OF THE PROPERTY.3) and is punishable by confinement for no more than years and a fine of at least $1,000 but no more than $10,000.4) and is punishable by confinement for no more than five years and a fine of at least $750 but no more than $7,500.2(3)) and is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
Senate subcommittee
Named April 25, 2019. On January 22, 2020 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill requires people convicted of certain crimes involving agricultural property to pay a $500 Agricultural Crime Surcharge. The fiscal impact of this bill cannot be estimated because the current criminal code does not distinguish between general theft and agricultural theft. If implemented, the Court Technology and Modernization Fund would receive approximately 13.6% of the amount assessed from the surcharge.2
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Description
The Bill specifies that a person convicted of a crime relating to agricultural property would be assessed a $500 Agricultural Crime Surcharge. The Bill details what types of crimes are covered and describes types of agricultural property.
Background
The Bill creates a $500 Agricultural Crime Surcharge under Iowa Code section 911.5. The collections generated from the assessment of the Surcharge will be remitted by the clerk of court to the State Court Administrator and appropriated to the Court Technology and Modernization Fund for supporting Judicial Branch operations. The agricultural property offense must involve either the theft of agricultural property or criminal mischief for damaging, defacing, altering, or destroying agricultural property.
Assumptions
The following collection rates from FY 2018 will remain consistent:
- Criminal Penalty Surcharge — 44.8%
- Municipal Infractions — 37.2%
- Simple Misdemeanors — 29.9%
- Serious Misdemeanors — 21.3%
- Aggravated Misdemeanors — 13.7%
- Felonies — 13.4%
Fiscal Impact
The fiscal impact of HF 742 cannot be estimated because the current criminal code does not differentiate between theft and agricultural theft. The Agricultural Crime Surcharge would be applied in addition to the fine and surcharge imposed for a Class C or Class D felony or an aggravated misdemeanor. In FY 2018, the collection rate for fines and surcharges assessed on felonies was 13.4%, and the collection rate for aggravated misdemeanors was 13.7%. Based on these collection rates, it is estimated that the Court Technology and Modernization Fund would receive approximately 13.6% of the amount assessed from the Agricultural Crime Surcharge.
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- LSA calculations and analysis
- Judicial Branch
- Livestock and Crop Theft · March 19, 2019
Iowa Code it changes
Creates§911.5
Lobbying
4 for · 2 against · 11 undecided · Who →
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88th General Assembly