Bill Text: IA HF251 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to certain public safety and law enforcement matters, including creating the crime of violent or disorderly assembly, and providing penalties.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-01-27 - Introduced, referred to Public Safety. H.J. 211. [HF251 Detail]

Download: Iowa-2021-HF251-Introduced.html

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House File 251 - Introduced
HOUSE FILE 251
BY JACOBSEN , JENEARY , and
SALMON
A BILL FOR
An Act relating to certain public safety and law enforcement
matters, including creating the crime of violent or
disorderly assembly, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. NEW SECTION . 8.31A Denial of state funds.
1. Notwithstanding any other provision of law to the
contrary, a local entity, including any entity under the
jurisdiction of the local entity, shall be ineligible to
receive any state funds if the local entity reduces the budget
of a law enforcement agency under the jurisdiction of the local
entity unless the total budget of the local entity is reduced
by an equal or larger percentage.
2. State funds shall be denied to a local entity pursuant to
subsection 1 by all state agencies for each state fiscal year
that begins after the fiscal year in which the law enforcement
agency’s budget is reduced. State funds shall continue to be
denied until eligibility to receive state funds is reinstated
under section 8.31. However, any state funds for law
enforcement purposes shall not be denied under this section.
3. A local entity’s eligibility to receive state funds shall
be reinstated beginning on the first day of the month following
the date on which the local entity’s budget is no longer in
violation of this section.
4. The department of management shall adopt rules pursuant
to chapter 17A to implement this section uniformly across
state agencies from which state funds are distributed to local
entities.
Sec. 2. NEW SECTION . 138.6A Intentional blocking of traffic
prohibited —— organizing others to block prohibited —— penalties
—— exceptions.
1. A person shall not loiter on the traveled portion of
the right-of-way of a highway with a speed limit of fifty-five
miles per hour or more with the intention of blocking the
normal and reasonable movement of motor vehicle traffic.
A person who violates this subsection commits a serious
misdemeanor punishable by a fine in the amount of one thousand
dollars, which shall be in lieu of any other punishment imposed
under this chapter.
2. A person shall not perform an activity related to
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organizing, scheduling, or otherwise assembling a group of
persons if the person knows or should reasonably know the group
of persons will violate subsection 1. A person who violates
this subsection commits an aggravated misdemeanor, which shall
be in lieu of any other punishment imposed under this chapter.
3. This section shall not apply to a person who blocks
the movement of traffic for the purpose of obtaining law
enforcement, medical, or mechanical assistance. This section
shall also not apply to a person who is a peace officer or
emergency responder, who is engaged in highway construction
or maintenance, or who is an employee of a federal, state, or
local government, if the person is acting within the scope of
the person’s duties.
Sec. 3. NEW SECTION . 321.366A Immunity from civil liability
for certain vehicle operators.
1. The driver of a vehicle who is exercising due care and
who injures another person who is participating in a protest,
demonstration, riot, unlawful assembly or who is engaging in
disorderly conduct and is blocking traffic in a public street
or highway shall be immune from civil liability for the injury
caused by the driver of the vehicle.
2. The driver of a vehicle who injures another person who
is participating in a protest, demonstration, riot, unlawful
assembly or who is engaging in disorderly conduct and is
blocking traffic in a public street or highway shall not be
immune from civil liability if the actions leading to the
injury caused by the driver of a vehicle constitute reckless
or willful misconduct.
3. Subsection 1 shall not apply if the injured person
participating in a protest or demonstration was doing so with a
valid permit allowing persons to protest or demonstrate on the
public street or highway where the injury occurred.
Sec. 4. Section 708.7, subsection 2, paragraph a, Code 2021,
is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (4) Commits harassment against another
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person who is lawfully in a place of public accommodation. For
purposes of this section, “public accommodation” means a private
entity that owns, operates, leases, or leases to, a place of
public accommodation, including but not limited to restaurants,
hotels, theaters, doctors’ offices, pharmacies, retail stores,
museums, libraries, amusement parks, private schools, and day
care centers.
Sec. 5. Section 716.3, subsection 1, Code 2021, is amended
to read as follows:
1. Criminal mischief is criminal mischief in the first
degree if either any of the following apply:
a. The cost of replacing, repairing, or restoring the
property that is damaged, defaced, altered, or destroyed is
more than ten thousand dollars.
b. The acts are intended to or do in fact cause a
substantial interruption or impairment of service rendered to
the public by a gas, electric, steam or waterworks corporation,
telephone or telegraph corporation, common carrier, or a public
utility operated by a municipality.
c. The acts damage, deface, alter, or destroy any publicly
owned property, including a monument or statue.
Sec. 6. Section 723.4, Code 2021, is amended by striking the
section and inserting in lieu thereof the following:
723.4 Disorderly conduct.
1. A person commits a simple misdemeanor when the person
does any of the following:
a. Engages in fighting or violent behavior in any public
place or in or near any lawful assembly of persons, provided
that participants in athletic contests may engage in such
conduct which is reasonably related to that sport.
b. Makes loud and raucous noise in the vicinity of any
residence or public building which causes unreasonable distress
to the occupants thereof.
c. Directs abusive epithets or makes any threatening gesture
which the person knows or reasonably should know is likely to
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provoke a violent reaction by another.
d. Without lawful authority or color of authority, the
person disturbs any lawful assembly or meeting of persons by
conduct intended to disrupt the meeting or assembly.
e. By words or action, initiates or circulates a report or
warning of fire, epidemic, or other catastrophe, knowing such
report to be false or such warning to be baseless.
f. (1) Knowingly and publicly uses the flag of the United
States in such a manner as to show disrespect for the flag as
a symbol of the United States, with the intent or reasonable
expectation that such use will provoke or encourage another to
commit trespass or assault.
(2) As used in this paragraph:
(a) “Deface” means to intentionally mar the external
appearance.
(b) “Defile” means to intentionally make physically unclean.
(c) “Flag” means a piece of woven cloth or other material
designed to be flown from a pole or mast.
(d) “Mutilate” means to intentionally cut up or alter so as
to make imperfect.
(e) “Show disrespect” means to deface, defile, mutilate, or
trample.
(f) “Trample” means to intentionally tread upon or
intentionally cause a machine, vehicle, or animal to tread
upon.
(3) This paragraph does not apply to a flag retirement
ceremony conducted pursuant to federal law.
2. A person commits a serious misdemeanor when the person,
without lawful authority or color of authority, obstructs any
street, sidewalk, highway, or other public way, with the intent
to prevent or hinder its lawful use by others.
3. A person commits an aggravated misdemeanor when the
person commits disorderly conduct as described in subsection 2
and does any of the following:
a. Obstructs or attempts to obstruct a fully
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controlled-access facility on a highway, street, or road in
which the speed restriction is controlled by section 321.285,
subsection 3 or 5.
b. Commits property damage.
c. Is present during an unlawful assembly as defined in
section 723.2.
4. A person commits a class “D” felony when the person
commits disorderly conduct as described in subsection 2 and
does any of the following:
a. Is present during a riot as defined in section 723.1.
b. Causes bodily injury.
5. A person commits a class “C” felony when the person
commits disorderly conduct as described in subsection 2 and the
person causes serious bodily injury or death.
Sec. 7. NEW SECTION . 723.6 Violent or disorderly assembly.
1. For purposes of this section:
a. “Violent or disorderly assembly” means the gathering of
seven or more persons resulting in conduct which does any of
the following:
(1) Creates an immediate danger of damage to property or
injury to persons.
(2) Substantially obstructs law enforcement or other
governmental functions or services.
(3) Deprives any person of a legal right or disturbs any
person in the enjoyment of a legal right by force, threat of
force, or physical action.
b. “Looting” means committing burglary within five hundred
feet of a violent or disorderly assembly.
2. a. A person who willingly joins in or remains a part
of a violent or disorderly assembly commits a class “D” felony
with a mandatory minimum term of confinement of one year.
b. A person who violates paragraph “a” , who traveled to
this state from another state to participate in a violent
or disorderly assembly, commits a class “C” felony with a
mandatory minimum term of confinement of two years.
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c. It is a defense to a prosecution under this section
that the assembly was at first lawful, but once another person
assembled manifested an intent to engage in a violent or
disorderly assembly, the person removed themselves from the
assembly.
3. A person who, while participating in a violent or
disorderly assembly, throws an object at a peace officer,
jailer, correctional staff, member or employee of the board of
parole, health care provider, employee of the department of
human services, employee of the department of revenue, or fire
fighter with the knowledge that the person is a peace officer,
jailer, correctional staff, member or employee of the board
of parole, health care provider, employee of the department
of human services, employee of the department of revenue, or
fire fighter, commits a class “D” felony, with a mandatory
minimum term of confinement of one year. If the object thrown
hits a peace officer, jailer, correctional staff, member or
employee of the board of parole, health care provider, employee
of the department of human services, employee of the department
of revenue, or fire fighter, the person commits a class “C”
felony, with a mandatory minimum term of confinement of two
years.
4. A person who, while participating in a violent or
disorderly assembly, engages in looting commits a class “D”
felony and shall serve a mandatory minimum term of confinement
of one year.
5. An employee of a state or local governmental entity
who is convicted of engaging in a violent or disorderly
assembly shall not continue employment with a state or local
governmental entity.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to certain public safety and law
enforcement matters, includes creating the crime of violent or
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disorderly assembly, and provides penalties.
DENIAL OF STATE FUNDS —— LAW ENFORCEMENT AGENCY BUDGETS.
The bill provides that a local entity, including any entity
under the jurisdiction of the local entity, shall be ineligible
to receive any state funds if the local entity reduces the
budget of their law enforcement agency unless the total
budget of the local entity is reduced by an equal or larger
percentage. State funds shall be denied to a local entity
by all state agencies for each state fiscal year that begins
after the fiscal year in which the law enforcement agency’s
budget is reduced. State funds shall continue to be denied
until eligibility to receive state funds is reinstated under
Code section 8.31. State funds for law enforcement purposes
shall not be denied. The department of management is directed
to adopt rules pursuant to Code chapter 17A. Further, the
governor’s office of drug control policy shall not expend any
moneys received from any state or federal grants to a local
entity that reduces the budget of its law enforcement agency
unless the total local entity budget is reduced by an equal or
larger percentage.
INTENTIONAL BLOCKING OF TRAFFIC. Under current law, a
person is prohibited from placing an obstruction in the highway
right-of-way, including the traveled portion of the roadway. A
person who violates this provision is subject to an injunction
and upon conviction is guilty of creating a public nuisance, an
aggravated misdemeanor, punishable by confinement for no more
than two years and a fine of at least $855 but not more than
$8,540. Any obstruction is subject to removal.
The bill prohibits a person from loitering on the traveled
portion of the right-of-way of a highway with a speed limit
of 55 miles per hour or more with the intention of blocking
the normal and reasonable movement of motor vehicle traffic.
A person who violates this provision commits a serious
misdemeanor punishable by a fine of $1,000, which is in
lieu of any other punishment imposed under Code chapter 318
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(obstructions in highway rights-of-way).
The bill also prohibits a person from performing an activity
related to organizing, scheduling, or otherwise assembling a
group of persons if the person knows or should reasonably know
the group of persons will loiter on the traveled portion of
the right-of-way of a highway with a speed limit of 55 miles
per hour or more with the intention of blocking the normal and
reasonable movement of motor vehicle traffic. A person who
violates this provision commits an aggravated misdemeanor,
which is in lieu of any other punishment imposed under Code
chapter 318.
The bill does not apply to a person who blocks the movement
of traffic for the purpose of obtaining law enforcement,
medical, or mechanical assistance. In addition, the
bill does not apply to a person who is a peace officer or
emergency responder, who is engaged in highway construction
or maintenance, or who is an employee of a federal, state, or
local government, if the person is acting within the scope of
the person’s duties.
IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN VEHICLE OPERATORS.
The bill provides that the driver of a vehicle who is
exercising due care and who injures another person who is
participating in a protest, demonstration, riot, unlawful
assembly or who is engaging in disorderly conduct and is
blocking traffic in a public street or highway is immune from
civil liability for the injury. The driver shall not be immune
from civil liability if the actions leading to the injury
constitute reckless or willful misconduct. The bill shall
not apply if the injured person participating in a protest or
demonstration was doing so with a valid permit allowing persons
to protest or demonstrate on the public street or highway where
the injury occurred.
HARASSMENT. The bill provides that a person commits
harassment in the first degree when the person commits
harassment against another person who is lawfully in a place
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of public accommodation. Harassment in the first degree is an
aggravated misdemeanor.
CRIMINAL MISCHIEF IN THE FIRST DEGREE. The bill provides
that acts of a person which damage, deface, alter, or destroy
any publicly owned property, including a monument or statue, is
criminal mischief in the first degree. Criminal mischief in
the first degree is a class “C” felony.
VIOLENT OR DISORDERLY ASSEMBLY. The bill defines “violent
or disorderly assembly” as the gathering of seven or more
persons resulting in conduct which does any of the following:
creates an immediate danger of damage to property or injury
to persons; substantially obstructs law enforcement or other
governmental functions or services; or deprives any person of a
legal right or disturbs any person in the enjoyment of a legal
right by force, threat of force, or physical action. “Looting”
is defined as committing burglary within 500 feet of a violent
or disorderly assembly.
The bill provides that a person who willingly joins in or
remains a part of a violent or disorderly assembly commits a
class “D” felony, with a mandatory minimum term of confinement
of one year, and that a person who travels to this state
from another state to participate in a violent or disorderly
assembly commits a class “C” felony, with a mandatory minimum
term of confinement of two years. It is a defense to a
prosecution that the assembly was at first lawful, but once
another person assembled manifested an intent to engage in a
violent or disorderly assembly, the person removed themselves
from the assembly.
The bill provides that a person who, while participating
in a violent or disorderly assembly, throws an object at a
peace officer, jailer, correctional staff, member or employee
of the board of parole, health care provider, employee of the
department of human services, employee of the department of
revenue, or fire fighter with the knowledge that the person is
a peace officer, jailer, correctional staff, member or employee
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of the board of parole, health care provider, employee of the
department of human services, employee of the department of
revenue, or fire fighter, commits a class “D” felony, with a
mandatory minimum term of confinement of one year. If the
object thrown hits a peace officer, jailer, correctional
staff, member or employee of the board of parole, health
care provider, employee of the department of human services,
employee of the department of revenue, or fire fighter, the
person commits a class “C” felony, with a mandatory minimum
term of confinement of two years. A person who, while
participating in a violent or disorderly assembly, engages in
looting commits a class “D” felony, with a mandatory minimum
term of confinement of one year.
The bill provides that an employee of a state or local
governmental entity who is convicted of engaging in a violent
or disorderly assembly shall not continue employment with a
state or local governmental entity.
DISORDERLY CONDUCT. Current law provides that all
violations of Code section 723.4 (disorderly conduct) are
simple misdemeanors. The bill amends Code section 723.4 by
providing additional criminal penalties greater than a simple
misdemeanor for additional acts of disorderly conduct.
The bill provides that a person commits a serious
misdemeanor when the person, without lawful authority or
color of authority, obstructs or attempts to obstruct any
street, sidewalk, highway, or other public way, or obstructs or
attempts to obstruct any business, business drive, parking lot,
or business access, with the intent to prevent or hinder its
lawful use by others.
The bill provides that a person commits an aggravated
misdemeanor when the person, without lawful authority or color
of authority, obstructs any street, sidewalk, highway, or other
public way with the intent to prevent or hinder its lawful use
by others and does any of the following: obstructs or attempts
to obstruct a fully controlled-access facility or a highway,
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street, or road in which a speed restriction is controlled by
Code section 321.285(3) or 321.285(5); commits property damage;
or is present during an unlawful assembly, as defined in Code
section 723.2.
The bill provides that a person commits a class “D”
felony when the person, without lawful authority or color of
authority, obstructs any street, sidewalk, highway, or other
public way with the intent to prevent or hinder its lawful use
by others and is present during a riot, as defined in Code
section 723.1; or causes bodily injury.
The bill provides that a person commits a class “C”
felony when the person, without lawful authority or color of
authority, obstructs any street, sidewalk, highway, or other
public way with the intent to prevent its unlawful use by
others and serious injury or death results.
PENALTY PROVISIONS. A class “C” felony is punishable
by confinement for no more than 10 years and a fine of at
least $1,370 but not more than $13,660. 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. 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 serious misdemeanor is punishable by confinement for
no more than one year and a fine of at least $430 but not more
than $2,560.
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