Concerning unauthorized entry or access, including placement or use of a camera or electronic surveillance device while trespassing, unauthorized gathering of samples of certain materials relating to animals and animal feeding operations, and providing penalties

Sponsored by the House Judiciary Committee

Topics:Agriculture Courts & civil law Livestock & confinements

Same legislation: HF 78

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 15, 2021
Done: SubcommitteeJanuary 19, 2021
Done: House committeeMarch 2, 2021
Done: Passes the HouseMarch 23, 202172–24
Done: Senate committeeApril 5, 2021
Done: Passes the SenateApril 6, 202135–11
Done: To the GovernorApril 30, 2021
Done: Signed into lawApril 30, 2021

Signed into law What’s a funnel?

What’s in it

AI summary People who enter private property without permission to take samples of things like soil, water, or animal fluids could face serious criminal charges. This law also makes it a crime to use cameras or electronic devices to record data on someone else's property without authority. Depending on whether it is a first or repeat offense, these actions can lead to jail time and large fines.¹

Read the official explanation

This bill provides that a person who commits unauthorized sampling is guilty of an aggravated misdemeanor, or a class “D” felony if the person has previously been convicted of committing unauthorized sampling. A person commits unauthorized sampling if the person knowingly enters private property, without consent of the owner or any other person having real or apparent authority to grant consent, and obtains samples of any materials specified in the bill. The materials are bodily fluids or substances from an agricultural animal as defined in the bill; any product from an agricultural animal; and soil, air, surface water, or ground water from land or structures used for the production of an agricultural animal or the production of an agricultural crop as defined in the bill. The bill also provides that any person, having no right or authority to do so, who places or uses a camera or electronic surveillance device that records images or data while the device is on the private property of another person commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.

Changed since by amendments S-3117, H-1248, H-1162; see Amendments.

Full bill text · What changed before it passed²

Senate subcommittee

Named March 29, 2021. On March 30, 2021 it recommended amendment and 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 creates new crimes for unauthorized sampling of materials on private property and for using surveillance devices while trespassing. Because these are new offenses, the fiscal impact on the state cannot be estimated due to a lack of existing conviction data.³

Read the fiscal note

Description

House File 775 establishes the crime of unauthorized sampling under Iowa Code section 716.14. A person commits unauthorized sampling if the person knowingly enters private property, without consent of the owner or any other person having real or apparent authority to grant consent, and obtains samples of any materials specified in the Bill. The term “materials” is defined in the Bill. A person convicted of unauthorized sampling is guilty of an aggravated misdemeanor, or a Class D felony if the person has previously been convicted of committing unauthorized sampling.

House File 775 also establishes Iowa Code section 727.8A to provide that a person committing a trespass as defined under Iowa Code section 716.7 and knowingly places or uses a camera or electronic surveillance device that transmits or records images or data while the device is on the trespassed property commits an aggravated misdemeanor for a first offense and a Class D felony for a second or subsequent offense.

Background

An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.

Assumptions

The following will not change over the projection period: charge, conviction, and sentencing patterns and trends, prisoner length of stay (LOS), revocation rates, plea bargaining, and other criminal justice system policies and practices.
A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

House File 775 establishes new offenses and a correctional impact cannot be estimated due to a lack of existing conviction data. Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors and Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system. Table 1 — LOS and Sentencing Estimates

Minority Impact

House File 775 establishes new offenses and as a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing data to estimate the minority impact of HF 775. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 775 establishes new offenses, and the fiscal impact cannot be estimated due to the lack of existing conviction data. Table 2 contains cost estimates for the average State cost per offense class type for one conviction. The cost estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.

Table 2 — Average State Cost Per Conviction

Sources

CJJP, Department of Human Rights
Department of Corrections
Judicial Branch
LSA analysis

Final Fiscal Note — Open Fields, Cameras · June 8, 2021
Open Fields, Cameras · March 29, 2021
Open Fields, Cameras · March 10, 2021

Reading a fiscal note⁴

Iowa Code it changes

Creates§716.14

Amends§727.8

How the Code works⁵

Lobbying

11 for · 6 against · 13 undecided · Who →

Family tree

89th General Assembly

HF 78Renumbered HF 775Became lawfrom HF 78