Bill Text: IA HF251 | 2021-2022 | 89th General Assembly | Introduced
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
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
1
matters,
including
creating
the
crime
of
violent
or
2
disorderly
assembly,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
8.31A
Denial
of
state
funds.
1
1.
Notwithstanding
any
other
provision
of
law
to
the
2
contrary,
a
local
entity,
including
any
entity
under
the
3
jurisdiction
of
the
local
entity,
shall
be
ineligible
to
4
receive
any
state
funds
if
the
local
entity
reduces
the
budget
5
of
a
law
enforcement
agency
under
the
jurisdiction
of
the
local
6
entity
unless
the
total
budget
of
the
local
entity
is
reduced
7
by
an
equal
or
larger
percentage.
8
2.
State
funds
shall
be
denied
to
a
local
entity
pursuant
to
9
subsection
1
by
all
state
agencies
for
each
state
fiscal
year
10
that
begins
after
the
fiscal
year
in
which
the
law
enforcement
11
agency’s
budget
is
reduced.
State
funds
shall
continue
to
be
12
denied
until
eligibility
to
receive
state
funds
is
reinstated
13
under
section
8.31.
However,
any
state
funds
for
law
14
enforcement
purposes
shall
not
be
denied
under
this
section.
15
3.
A
local
entity’s
eligibility
to
receive
state
funds
shall
16
be
reinstated
beginning
on
the
first
day
of
the
month
following
17
the
date
on
which
the
local
entity’s
budget
is
no
longer
in
18
violation
of
this
section.
19
4.
The
department
of
management
shall
adopt
rules
pursuant
20
to
chapter
17A
to
implement
this
section
uniformly
across
21
state
agencies
from
which
state
funds
are
distributed
to
local
22
entities.
23
Sec.
2.
NEW
SECTION
.
138.6A
Intentional
blocking
of
traffic
24
prohibited
——
organizing
others
to
block
prohibited
——
penalties
25
——
exceptions.
26
1.
A
person
shall
not
loiter
on
the
traveled
portion
of
27
the
right-of-way
of
a
highway
with
a
speed
limit
of
fifty-five
28
miles
per
hour
or
more
with
the
intention
of
blocking
the
29
normal
and
reasonable
movement
of
motor
vehicle
traffic.
30
A
person
who
violates
this
subsection
commits
a
serious
31
misdemeanor
punishable
by
a
fine
in
the
amount
of
one
thousand
32
dollars,
which
shall
be
in
lieu
of
any
other
punishment
imposed
33
under
this
chapter.
34
2.
A
person
shall
not
perform
an
activity
related
to
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organizing,
scheduling,
or
otherwise
assembling
a
group
of
1
persons
if
the
person
knows
or
should
reasonably
know
the
group
2
of
persons
will
violate
subsection
1.
A
person
who
violates
3
this
subsection
commits
an
aggravated
misdemeanor,
which
shall
4
be
in
lieu
of
any
other
punishment
imposed
under
this
chapter.
5
3.
This
section
shall
not
apply
to
a
person
who
blocks
6
the
movement
of
traffic
for
the
purpose
of
obtaining
law
7
enforcement,
medical,
or
mechanical
assistance.
This
section
8
shall
also
not
apply
to
a
person
who
is
a
peace
officer
or
9
emergency
responder,
who
is
engaged
in
highway
construction
10
or
maintenance,
or
who
is
an
employee
of
a
federal,
state,
or
11
local
government,
if
the
person
is
acting
within
the
scope
of
12
the
person’s
duties.
13
Sec.
3.
NEW
SECTION
.
321.366A
Immunity
from
civil
liability
14
for
certain
vehicle
operators.
15
1.
The
driver
of
a
vehicle
who
is
exercising
due
care
and
16
who
injures
another
person
who
is
participating
in
a
protest,
17
demonstration,
riot,
unlawful
assembly
or
who
is
engaging
in
18
disorderly
conduct
and
is
blocking
traffic
in
a
public
street
19
or
highway
shall
be
immune
from
civil
liability
for
the
injury
20
caused
by
the
driver
of
the
vehicle.
21
2.
The
driver
of
a
vehicle
who
injures
another
person
who
22
is
participating
in
a
protest,
demonstration,
riot,
unlawful
23
assembly
or
who
is
engaging
in
disorderly
conduct
and
is
24
blocking
traffic
in
a
public
street
or
highway
shall
not
be
25
immune
from
civil
liability
if
the
actions
leading
to
the
26
injury
caused
by
the
driver
of
a
vehicle
constitute
reckless
27
or
willful
misconduct.
28
3.
Subsection
1
shall
not
apply
if
the
injured
person
29
participating
in
a
protest
or
demonstration
was
doing
so
with
a
30
valid
permit
allowing
persons
to
protest
or
demonstrate
on
the
31
public
street
or
highway
where
the
injury
occurred.
32
Sec.
4.
Section
708.7,
subsection
2,
paragraph
a,
Code
2021,
33
is
amended
by
adding
the
following
new
subparagraph:
34
NEW
SUBPARAGRAPH
.
(4)
Commits
harassment
against
another
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person
who
is
lawfully
in
a
place
of
public
accommodation.
For
1
purposes
of
this
section,
“public
accommodation”
means
a
private
2
entity
that
owns,
operates,
leases,
or
leases
to,
a
place
of
3
public
accommodation,
including
but
not
limited
to
restaurants,
4
hotels,
theaters,
doctors’
offices,
pharmacies,
retail
stores,
5
museums,
libraries,
amusement
parks,
private
schools,
and
day
6
care
centers.
7
Sec.
5.
Section
716.3,
subsection
1,
Code
2021,
is
amended
8
to
read
as
follows:
9
1.
Criminal
mischief
is
criminal
mischief
in
the
first
10
degree
if
either
any
of
the
following
apply:
11
a.
The
cost
of
replacing,
repairing,
or
restoring
the
12
property
that
is
damaged,
defaced,
altered,
or
destroyed
is
13
more
than
ten
thousand
dollars.
14
b.
The
acts
are
intended
to
or
do
in
fact
cause
a
15
substantial
interruption
or
impairment
of
service
rendered
to
16
the
public
by
a
gas,
electric,
steam
or
waterworks
corporation,
17
telephone
or
telegraph
corporation,
common
carrier,
or
a
public
18
utility
operated
by
a
municipality.
19
c.
The
acts
damage,
deface,
alter,
or
destroy
any
publicly
20
owned
property,
including
a
monument
or
statue.
21
Sec.
6.
Section
723.4,
Code
2021,
is
amended
by
striking
the
22
section
and
inserting
in
lieu
thereof
the
following:
23
723.4
Disorderly
conduct.
24
1.
A
person
commits
a
simple
misdemeanor
when
the
person
25
does
any
of
the
following:
26
a.
Engages
in
fighting
or
violent
behavior
in
any
public
27
place
or
in
or
near
any
lawful
assembly
of
persons,
provided
28
that
participants
in
athletic
contests
may
engage
in
such
29
conduct
which
is
reasonably
related
to
that
sport.
30
b.
Makes
loud
and
raucous
noise
in
the
vicinity
of
any
31
residence
or
public
building
which
causes
unreasonable
distress
32
to
the
occupants
thereof.
33
c.
Directs
abusive
epithets
or
makes
any
threatening
gesture
34
which
the
person
knows
or
reasonably
should
know
is
likely
to
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provoke
a
violent
reaction
by
another.
1
d.
Without
lawful
authority
or
color
of
authority,
the
2
person
disturbs
any
lawful
assembly
or
meeting
of
persons
by
3
conduct
intended
to
disrupt
the
meeting
or
assembly.
4
e.
By
words
or
action,
initiates
or
circulates
a
report
or
5
warning
of
fire,
epidemic,
or
other
catastrophe,
knowing
such
6
report
to
be
false
or
such
warning
to
be
baseless.
7
f.
(1)
Knowingly
and
publicly
uses
the
flag
of
the
United
8
States
in
such
a
manner
as
to
show
disrespect
for
the
flag
as
9
a
symbol
of
the
United
States,
with
the
intent
or
reasonable
10
expectation
that
such
use
will
provoke
or
encourage
another
to
11
commit
trespass
or
assault.
12
(2)
As
used
in
this
paragraph:
13
(a)
“Deface”
means
to
intentionally
mar
the
external
14
appearance.
15
(b)
“Defile”
means
to
intentionally
make
physically
unclean.
16
(c)
“Flag”
means
a
piece
of
woven
cloth
or
other
material
17
designed
to
be
flown
from
a
pole
or
mast.
18
(d)
“Mutilate”
means
to
intentionally
cut
up
or
alter
so
as
19
to
make
imperfect.
20
(e)
“Show
disrespect”
means
to
deface,
defile,
mutilate,
or
21
trample.
22
(f)
“Trample”
means
to
intentionally
tread
upon
or
23
intentionally
cause
a
machine,
vehicle,
or
animal
to
tread
24
upon.
25
(3)
This
paragraph
does
not
apply
to
a
flag
retirement
26
ceremony
conducted
pursuant
to
federal
law.
27
2.
A
person
commits
a
serious
misdemeanor
when
the
person,
28
without
lawful
authority
or
color
of
authority,
obstructs
any
29
street,
sidewalk,
highway,
or
other
public
way,
with
the
intent
30
to
prevent
or
hinder
its
lawful
use
by
others.
31
3.
A
person
commits
an
aggravated
misdemeanor
when
the
32
person
commits
disorderly
conduct
as
described
in
subsection
2
33
and
does
any
of
the
following:
34
a.
Obstructs
or
attempts
to
obstruct
a
fully
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controlled-access
facility
on
a
highway,
street,
or
road
in
1
which
the
speed
restriction
is
controlled
by
section
321.285,
2
subsection
3
or
5.
3
b.
Commits
property
damage.
4
c.
Is
present
during
an
unlawful
assembly
as
defined
in
5
section
723.2.
6
4.
A
person
commits
a
class
“D”
felony
when
the
person
7
commits
disorderly
conduct
as
described
in
subsection
2
and
8
does
any
of
the
following:
9
a.
Is
present
during
a
riot
as
defined
in
section
723.1.
10
b.
Causes
bodily
injury.
11
5.
A
person
commits
a
class
“C”
felony
when
the
person
12
commits
disorderly
conduct
as
described
in
subsection
2
and
the
13
person
causes
serious
bodily
injury
or
death.
14
Sec.
7.
NEW
SECTION
.
723.6
Violent
or
disorderly
assembly.
15
1.
For
purposes
of
this
section:
16
a.
“Violent
or
disorderly
assembly”
means
the
gathering
of
17
seven
or
more
persons
resulting
in
conduct
which
does
any
of
18
the
following:
19
(1)
Creates
an
immediate
danger
of
damage
to
property
or
20
injury
to
persons.
21
(2)
Substantially
obstructs
law
enforcement
or
other
22
governmental
functions
or
services.
23
(3)
Deprives
any
person
of
a
legal
right
or
disturbs
any
24
person
in
the
enjoyment
of
a
legal
right
by
force,
threat
of
25
force,
or
physical
action.
26
b.
“Looting”
means
committing
burglary
within
five
hundred
27
feet
of
a
violent
or
disorderly
assembly.
28
2.
a.
A
person
who
willingly
joins
in
or
remains
a
part
29
of
a
violent
or
disorderly
assembly
commits
a
class
“D”
felony
30
with
a
mandatory
minimum
term
of
confinement
of
one
year.
31
b.
A
person
who
violates
paragraph
“a”
,
who
traveled
to
32
this
state
from
another
state
to
participate
in
a
violent
33
or
disorderly
assembly,
commits
a
class
“C”
felony
with
a
34
mandatory
minimum
term
of
confinement
of
two
years.
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c.
It
is
a
defense
to
a
prosecution
under
this
section
1
that
the
assembly
was
at
first
lawful,
but
once
another
person
2
assembled
manifested
an
intent
to
engage
in
a
violent
or
3
disorderly
assembly,
the
person
removed
themselves
from
the
4
assembly.
5
3.
A
person
who,
while
participating
in
a
violent
or
6
disorderly
assembly,
throws
an
object
at
a
peace
officer,
7
jailer,
correctional
staff,
member
or
employee
of
the
board
of
8
parole,
health
care
provider,
employee
of
the
department
of
9
human
services,
employee
of
the
department
of
revenue,
or
fire
10
fighter
with
the
knowledge
that
the
person
is
a
peace
officer,
11
jailer,
correctional
staff,
member
or
employee
of
the
board
12
of
parole,
health
care
provider,
employee
of
the
department
13
of
human
services,
employee
of
the
department
of
revenue,
or
14
fire
fighter,
commits
a
class
“D”
felony,
with
a
mandatory
15
minimum
term
of
confinement
of
one
year.
If
the
object
thrown
16
hits
a
peace
officer,
jailer,
correctional
staff,
member
or
17
employee
of
the
board
of
parole,
health
care
provider,
employee
18
of
the
department
of
human
services,
employee
of
the
department
19
of
revenue,
or
fire
fighter,
the
person
commits
a
class
“C”
20
felony,
with
a
mandatory
minimum
term
of
confinement
of
two
21
years.
22
4.
A
person
who,
while
participating
in
a
violent
or
23
disorderly
assembly,
engages
in
looting
commits
a
class
“D”
24
felony
and
shall
serve
a
mandatory
minimum
term
of
confinement
25
of
one
year.
26
5.
An
employee
of
a
state
or
local
governmental
entity
27
who
is
convicted
of
engaging
in
a
violent
or
disorderly
28
assembly
shall
not
continue
employment
with
a
state
or
local
29
governmental
entity.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
certain
public
safety
and
law
34
enforcement
matters,
includes
creating
the
crime
of
violent
or
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disorderly
assembly,
and
provides
penalties.
1
DENIAL
OF
STATE
FUNDS
——
LAW
ENFORCEMENT
AGENCY
BUDGETS.
2
The
bill
provides
that
a
local
entity,
including
any
entity
3
under
the
jurisdiction
of
the
local
entity,
shall
be
ineligible
4
to
receive
any
state
funds
if
the
local
entity
reduces
the
5
budget
of
their
law
enforcement
agency
unless
the
total
6
budget
of
the
local
entity
is
reduced
by
an
equal
or
larger
7
percentage.
State
funds
shall
be
denied
to
a
local
entity
8
by
all
state
agencies
for
each
state
fiscal
year
that
begins
9
after
the
fiscal
year
in
which
the
law
enforcement
agency’s
10
budget
is
reduced.
State
funds
shall
continue
to
be
denied
11
until
eligibility
to
receive
state
funds
is
reinstated
under
12
Code
section
8.31.
State
funds
for
law
enforcement
purposes
13
shall
not
be
denied.
The
department
of
management
is
directed
14
to
adopt
rules
pursuant
to
Code
chapter
17A.
Further,
the
15
governor’s
office
of
drug
control
policy
shall
not
expend
any
16
moneys
received
from
any
state
or
federal
grants
to
a
local
17
entity
that
reduces
the
budget
of
its
law
enforcement
agency
18
unless
the
total
local
entity
budget
is
reduced
by
an
equal
or
19
larger
percentage.
20
INTENTIONAL
BLOCKING
OF
TRAFFIC.
Under
current
law,
a
21
person
is
prohibited
from
placing
an
obstruction
in
the
highway
22
right-of-way,
including
the
traveled
portion
of
the
roadway.
A
23
person
who
violates
this
provision
is
subject
to
an
injunction
24
and
upon
conviction
is
guilty
of
creating
a
public
nuisance,
an
25
aggravated
misdemeanor,
punishable
by
confinement
for
no
more
26
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
27
$8,540.
Any
obstruction
is
subject
to
removal.
28
The
bill
prohibits
a
person
from
loitering
on
the
traveled
29
portion
of
the
right-of-way
of
a
highway
with
a
speed
limit
30
of
55
miles
per
hour
or
more
with
the
intention
of
blocking
31
the
normal
and
reasonable
movement
of
motor
vehicle
traffic.
32
A
person
who
violates
this
provision
commits
a
serious
33
misdemeanor
punishable
by
a
fine
of
$1,000,
which
is
in
34
lieu
of
any
other
punishment
imposed
under
Code
chapter
318
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(obstructions
in
highway
rights-of-way).
1
The
bill
also
prohibits
a
person
from
performing
an
activity
2
related
to
organizing,
scheduling,
or
otherwise
assembling
a
3
group
of
persons
if
the
person
knows
or
should
reasonably
know
4
the
group
of
persons
will
loiter
on
the
traveled
portion
of
5
the
right-of-way
of
a
highway
with
a
speed
limit
of
55
miles
6
per
hour
or
more
with
the
intention
of
blocking
the
normal
and
7
reasonable
movement
of
motor
vehicle
traffic.
A
person
who
8
violates
this
provision
commits
an
aggravated
misdemeanor,
9
which
is
in
lieu
of
any
other
punishment
imposed
under
Code
10
chapter
318.
11
The
bill
does
not
apply
to
a
person
who
blocks
the
movement
12
of
traffic
for
the
purpose
of
obtaining
law
enforcement,
13
medical,
or
mechanical
assistance.
In
addition,
the
14
bill
does
not
apply
to
a
person
who
is
a
peace
officer
or
15
emergency
responder,
who
is
engaged
in
highway
construction
16
or
maintenance,
or
who
is
an
employee
of
a
federal,
state,
or
17
local
government,
if
the
person
is
acting
within
the
scope
of
18
the
person’s
duties.
19
IMMUNITY
FROM
CIVIL
LIABILITY
FOR
CERTAIN
VEHICLE
OPERATORS.
20
The
bill
provides
that
the
driver
of
a
vehicle
who
is
21
exercising
due
care
and
who
injures
another
person
who
is
22
participating
in
a
protest,
demonstration,
riot,
unlawful
23
assembly
or
who
is
engaging
in
disorderly
conduct
and
is
24
blocking
traffic
in
a
public
street
or
highway
is
immune
from
25
civil
liability
for
the
injury.
The
driver
shall
not
be
immune
26
from
civil
liability
if
the
actions
leading
to
the
injury
27
constitute
reckless
or
willful
misconduct.
The
bill
shall
28
not
apply
if
the
injured
person
participating
in
a
protest
or
29
demonstration
was
doing
so
with
a
valid
permit
allowing
persons
30
to
protest
or
demonstrate
on
the
public
street
or
highway
where
31
the
injury
occurred.
32
HARASSMENT.
The
bill
provides
that
a
person
commits
33
harassment
in
the
first
degree
when
the
person
commits
34
harassment
against
another
person
who
is
lawfully
in
a
place
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of
public
accommodation.
Harassment
in
the
first
degree
is
an
1
aggravated
misdemeanor.
2
CRIMINAL
MISCHIEF
IN
THE
FIRST
DEGREE.
The
bill
provides
3
that
acts
of
a
person
which
damage,
deface,
alter,
or
destroy
4
any
publicly
owned
property,
including
a
monument
or
statue,
is
5
criminal
mischief
in
the
first
degree.
Criminal
mischief
in
6
the
first
degree
is
a
class
“C”
felony.
7
VIOLENT
OR
DISORDERLY
ASSEMBLY.
The
bill
defines
“violent
8
or
disorderly
assembly”
as
the
gathering
of
seven
or
more
9
persons
resulting
in
conduct
which
does
any
of
the
following:
10
creates
an
immediate
danger
of
damage
to
property
or
injury
11
to
persons;
substantially
obstructs
law
enforcement
or
other
12
governmental
functions
or
services;
or
deprives
any
person
of
a
13
legal
right
or
disturbs
any
person
in
the
enjoyment
of
a
legal
14
right
by
force,
threat
of
force,
or
physical
action.
“Looting”
15
is
defined
as
committing
burglary
within
500
feet
of
a
violent
16
or
disorderly
assembly.
17
The
bill
provides
that
a
person
who
willingly
joins
in
or
18
remains
a
part
of
a
violent
or
disorderly
assembly
commits
a
19
class
“D”
felony,
with
a
mandatory
minimum
term
of
confinement
20
of
one
year,
and
that
a
person
who
travels
to
this
state
21
from
another
state
to
participate
in
a
violent
or
disorderly
22
assembly
commits
a
class
“C”
felony,
with
a
mandatory
minimum
23
term
of
confinement
of
two
years.
It
is
a
defense
to
a
24
prosecution
that
the
assembly
was
at
first
lawful,
but
once
25
another
person
assembled
manifested
an
intent
to
engage
in
a
26
violent
or
disorderly
assembly,
the
person
removed
themselves
27
from
the
assembly.
28
The
bill
provides
that
a
person
who,
while
participating
29
in
a
violent
or
disorderly
assembly,
throws
an
object
at
a
30
peace
officer,
jailer,
correctional
staff,
member
or
employee
31
of
the
board
of
parole,
health
care
provider,
employee
of
the
32
department
of
human
services,
employee
of
the
department
of
33
revenue,
or
fire
fighter
with
the
knowledge
that
the
person
is
34
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
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of
the
board
of
parole,
health
care
provider,
employee
of
the
1
department
of
human
services,
employee
of
the
department
of
2
revenue,
or
fire
fighter,
commits
a
class
“D”
felony,
with
a
3
mandatory
minimum
term
of
confinement
of
one
year.
If
the
4
object
thrown
hits
a
peace
officer,
jailer,
correctional
5
staff,
member
or
employee
of
the
board
of
parole,
health
6
care
provider,
employee
of
the
department
of
human
services,
7
employee
of
the
department
of
revenue,
or
fire
fighter,
the
8
person
commits
a
class
“C”
felony,
with
a
mandatory
minimum
9
term
of
confinement
of
two
years.
A
person
who,
while
10
participating
in
a
violent
or
disorderly
assembly,
engages
in
11
looting
commits
a
class
“D”
felony,
with
a
mandatory
minimum
12
term
of
confinement
of
one
year.
13
The
bill
provides
that
an
employee
of
a
state
or
local
14
governmental
entity
who
is
convicted
of
engaging
in
a
violent
15
or
disorderly
assembly
shall
not
continue
employment
with
a
16
state
or
local
governmental
entity.
17
DISORDERLY
CONDUCT.
Current
law
provides
that
all
18
violations
of
Code
section
723.4
(disorderly
conduct)
are
19
simple
misdemeanors.
The
bill
amends
Code
section
723.4
by
20
providing
additional
criminal
penalties
greater
than
a
simple
21
misdemeanor
for
additional
acts
of
disorderly
conduct.
22
The
bill
provides
that
a
person
commits
a
serious
23
misdemeanor
when
the
person,
without
lawful
authority
or
24
color
of
authority,
obstructs
or
attempts
to
obstruct
any
25
street,
sidewalk,
highway,
or
other
public
way,
or
obstructs
or
26
attempts
to
obstruct
any
business,
business
drive,
parking
lot,
27
or
business
access,
with
the
intent
to
prevent
or
hinder
its
28
lawful
use
by
others.
29
The
bill
provides
that
a
person
commits
an
aggravated
30
misdemeanor
when
the
person,
without
lawful
authority
or
color
31
of
authority,
obstructs
any
street,
sidewalk,
highway,
or
other
32
public
way
with
the
intent
to
prevent
or
hinder
its
lawful
use
33
by
others
and
does
any
of
the
following:
obstructs
or
attempts
34
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
1
Code
section
321.285(3)
or
321.285(5);
commits
property
damage;
2
or
is
present
during
an
unlawful
assembly,
as
defined
in
Code
3
section
723.2.
4
The
bill
provides
that
a
person
commits
a
class
“D”
5
felony
when
the
person,
without
lawful
authority
or
color
of
6
authority,
obstructs
any
street,
sidewalk,
highway,
or
other
7
public
way
with
the
intent
to
prevent
or
hinder
its
lawful
use
8
by
others
and
is
present
during
a
riot,
as
defined
in
Code
9
section
723.1;
or
causes
bodily
injury.
10
The
bill
provides
that
a
person
commits
a
class
“C”
11
felony
when
the
person,
without
lawful
authority
or
color
of
12
authority,
obstructs
any
street,
sidewalk,
highway,
or
other
13
public
way
with
the
intent
to
prevent
its
unlawful
use
by
14
others
and
serious
injury
or
death
results.
15
PENALTY
PROVISIONS.
A
class
“C”
felony
is
punishable
16
by
confinement
for
no
more
than
10
years
and
a
fine
of
at
17
least
$1,370
but
not
more
than
$13,660.
A
class
“D”
felony
18
is
punishable
by
confinement
for
no
more
than
five
years
19
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
An
20
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
21
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
22
$8,540.
A
serious
misdemeanor
is
punishable
by
confinement
for
23
no
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
24
than
$2,560.
25
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