Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009

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HF 743

House File 743 - Introduced

HOUSE FILE

BY COMMITTEE ON LOCAL GOVERNMENT
(SUCCESSOR TO HF 480)
Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved
A BILL FOR
1 An Act relating to the entry upon land by a surveyor for land

2 survey purposes.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 2310HV 83

5 jr/sc/14

House File 743 - Introduced continued


PAG LIN

1 1 Section 1. NEW SECTION. 354.4A ENTRY UPON LAND FOR

1 2 SURVEY PURPOSES.

1 3 1. a. A land surveyor may enter public or private land or

1 4 water in the state only to occupy, locate, relocate, install,

1 5 or replace survey monuments, to locate boundaries,

1 6 rights=of=way, and easements, to determine geodetic positions,

1 7 and to make surveys and maps and may carry with them their

1 8 customary equipment and vehicles. Entry under the right

1 9 granted in this section shall not constitute trespass, and

1 10 land surveyors shall not be liable to arrest or a civil action

1 11 by reason of the entry.

1 12 b. For purposes of this section, "land surveyor" means a

1 13 land surveyor licensed pursuant to chapter 542B or a person

1 14 under the direct supervision of a licensed land surveyor.

1 15 2. A vehicle used for or during entry pursuant to this

1 16 section shall be identified on the exterior by a legible sign

1 17 listing the name, address, and telephone number of the land

1 18 surveyor or the firm employing the land surveyor.

1 19 3. To the extent practicable, land surveyors shall

1 20 announce and identify themselves and their intentions before

1 21 entering upon private property. This notice is not required

1 22 for a survey along previously surveyed boundaries within a

1 23 platted subdivision accepted or recorded by the federal

1 24 government or approved and recorded under chapters 354 and 355

1 25 or preceding land surveying laws of this state.

1 26 4. This section shall not be construed as giving authority

1 27 to land surveyors to destroy, injure, or damage anything on

1 28 the lands of another without the written permission of the

1 29 landowner, and this section shall not be construed as removing

1 30 civil liability for such destruction, injury, or damage.

1 31 5. A land surveyor who enters on private land must comply

1 32 with all biosecurity and restricted=access protocols

1 33 established by the owner or occupant of the private land.

1 34 6. An owner or occupant of private land owes no duty of

1 35 care to a land surveyor entering upon such private land under


House File 743 - Introduced continued
2 1 the provisions of this section, and such owner or occupant

2 2 shall not be liable for any injury or damage sustained by a

2 3 land surveyor entering upon such private land unless the

2 4 damage or injury is caused by the willful or malicious conduct

2 5 of the owner or occupant.

2 6 EXPLANATION

2 7 This bill creates a right of entry for a licensed land

2 8 surveyor or a person under the direct supervision of a

2 9 licensed land surveyor, hereinafter referred to as surveyors.

2 10 The bill provides that a surveyor may enter public or

2 11 private land or water in order to occupy, locate, relocate,

2 12 install, or replace survey monuments, to locate boundaries,

2 13 rights=of=way, and easements, to determine geodetic positions,

2 14 and to make surveys and maps. To the extent practicable,

2 15 surveyors are required to announce and identify themselves and

2 16 their intentions before entering upon private property.

2 17 Surveyors who enter on private land must comply with all

2 18 biosecurity and restricted=access protocols established by the

2 19 owner or occupant of the private land.

2 20 The bill provides that the right of entry does not

2 21 authorize surveyors to destroy, injure, or damage anything on

2 22 the lands of another and does not remove civil liability for

2 23 destruction, injury, or damage. The bill also provides that

2 24 the owner or occupant of the land is not liable for any injury

2 25 or damage sustained by any person entering upon the owner's

2 26 land under the provisions of this section, unless the damage

2 27 or injury is caused by the willful or malicious conduct of the

2 28 owner or occupant.

2 29 LSB 2310HV 83

2 30 jr/sc/14



HF 744


House File 744 - Introduced

HOUSE FILE

BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 44)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to the criminal offense of enticing or attempting

2 to entice a minor and providing penalties.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 1327HV 83

5 jm/nh/14

House File 744 - Introduced continued


PAG LIN

1 1 Section 1. Section 710.10, Code 2009, is amended to read

1 2 as follows:

1 3 710.10 ENTICING AWAY A MINOR.

1 4 1. A person commits a class "C" felony when, without

1 5 authority and with the intent to commit sexual abuse or sexual

1 6 exploitation upon a minor under the age of thirteen, the

1 7 person entices away or attempts to entice the minor under the

1 8 age of thirteen, or entices away or attempts to entice a

1 9 person reasonably believed to be under the age of thirteen.

1 10 2. A person commits a class "D" felony when, without

1 11 authority and with the intent to commit an illegal act upon a

1 12 minor under the age of sixteen, the person entices away or


1 13 attempts to entice a minor under the age of sixteen, or

1 14 entices away or attempts to entice a person reasonably

1 15 believed to be under the age of sixteen.

1 16 3. A person commits an aggravated misdemeanor when,



1 17 without authority and with the intent to commit an illegal act

1 18 upon a minor under the age of sixteen, the person attempts to

1 19 entice away a minor under the age of sixteen, or attempts to

1 20 entice away a person reasonably believed to be under the age

1 21 of sixteen.

1 22 4. A person's intent to commit a violation of this section



1 23 may be inferred when the person is not known to the person

1 24 being enticed away and the person does not have the permission

1 25 of the parent, guardian, or custodian to contact the person

1 26 being enticed away.

1 27 3. A person shall not be convicted of a violation of this



1 28 section unless the person commits an overt act evidencing a

1 29 purpose to entice.

1 30 5. 4. For purposes of determining jurisdiction under

1 31 section 803.1, an offense is considered committed in this

1 32 state if the communication to entice away or attempt to entice

1 33 a minor or a person believed to be a minor who is present in

1 34 this state originates from another state, or the communication

1 35 to entice away or attempt to entice a minor or a person
House File 744 - Introduced continued
2 1 believed to be a minor is sent from this state.

2 2 EXPLANATION

2 3 This bill relates to the criminal offense of enticing a

2 4 minor.

2 5 The bill renames the criminal offense of enticing away a

2 6 minor to enticing a minor, and eliminates the provisions

2 7 related to enticing "away" a minor.

2 8 The bill changes the criminal penalty for attempting to

2 9 entice a minor under the age of 13 or a person reasonably

2 10 believed to be under the age of 13 with the intent to commit

2 11 sexual abuse or sexual exploitation. Under the bill, the

2 12 criminal penalty is changed from an aggravated misdemeanor to

2 13 a class "C" felony.

2 14 The bill also changes the criminal penalty for attempting

2 15 to entice a minor under the age of 16 or a person reasonably

2 16 believed to be under the age of 16, without authority, and

2 17 with the intent to commit an illegal act. Under the bill, the

2 18 criminal penalty is changed from an aggravated misdemeanor to

2 19 a class "D" felony.

2 20 The bill specifies that a person shall not be convicted of

2 21 a violation of enticing a minor or an attempt to entice a

2 22 minor unless the person commits an overt act evidencing a

2 23 purpose to entice.

2 24 Under current law and the bill, a person who commits

2 25 enticing or attempting to entice a minor is subject to an

2 26 additional special sentence pursuant to Code chapter 903B and

2 27 shall register as a sex offender for 10 years plus the length

2 28 of any special sentence.

2 29 The amendments in the bill are in response to State v.

2 30 Hansen, 750 N.W.2d 111 (Iowa 2008) and State v. Quinn, 691

2 31 N.W.2d 403 (Iowa 2005).

2 32 LSB 1327HV 83

2 33 jm/nh/14





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