Bill Text: IA HF430 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to public safety including prohibited acts on fully controlled-access facilities and disorderly conduct, and providing penalties.(Formerly HSB 142.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-15 - Referred to Public Safety. H.J. 964. [HF430 Detail]
Download: Iowa-2021-HF430-Introduced.html
House
File
430
-
Introduced
HOUSE
FILE
430
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
142)
A
BILL
FOR
An
Act
relating
to
public
safety
including
prohibited
acts
on
1
fully
controlled-access
facilities
and
disorderly
conduct,
2
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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430
Section
1.
Section
321.366,
subsection
1,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
Operate
a
bicycle,
skateboard,
or
other
3
pedestrian
conveyance
or
be
a
pedestrian
anywhere
on
a
fully
4
controlled-access
facility.
For
purposes
of
this
paragraph,
5
“pedestrian
conveyance”
means
any
human-powered
device
by
which
6
a
pedestrian
may
move
other
than
by
walking
or
by
which
a
7
walking
person
may
move
another
pedestrian,
including
but
not
8
limited
to
strollers
and
wheelchairs.
9
Sec.
2.
Section
723.4,
Code
2021,
is
amended
by
striking
the
10
section
and
inserting
in
lieu
thereof
the
following:
11
723.4
Disorderly
conduct.
12
1.
A
person
commits
a
simple
misdemeanor
when
the
person
13
does
any
of
the
following:
14
a.
Engages
in
fighting
or
violent
behavior
in
any
public
15
place
or
in
or
near
any
lawful
assembly
of
persons,
provided,
16
that
participants
in
athletic
contests
may
engage
in
such
17
conduct
which
is
reasonably
related
to
that
sport.
18
b.
Makes
loud
and
raucous
noise
in
the
vicinity
of
any
19
residence
or
public
building
which
causes
unreasonable
distress
20
to
the
occupants
thereof.
21
c.
Directs
abusive
epithets
or
makes
any
threatening
gesture
22
which
the
person
knows
or
reasonably
should
know
is
likely
to
23
provoke
a
violent
reaction
by
another.
24
d.
Without
lawful
authority
or
color
of
authority,
the
25
person
disturbs
any
lawful
assembly
or
meeting
of
persons
by
26
conduct
intended
to
disrupt
the
meeting
or
assembly.
27
e.
By
words
or
action,
initiates
or
circulates
a
report
or
28
warning
of
fire,
epidemic,
or
other
catastrophe,
knowing
such
29
report
to
be
false
or
such
warning
to
be
baseless.
30
f.
(1)
Knowingly
and
publicly
uses
the
flag
of
the
United
31
States
in
such
a
manner
as
to
show
disrespect
for
the
flag
as
32
a
symbol
of
the
United
States,
with
the
intent
or
reasonable
33
expectation
that
such
use
will
provoke
or
encourage
another
to
34
commit
trespass
or
assault.
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(2)
As
used
in
this
paragraph:
1
(a)
“Deface”
means
to
intentionally
mar
the
external
2
appearance.
3
(b)
“Defile”
means
to
intentionally
make
physically
unclean.
4
(c)
“Flag”
means
a
piece
of
woven
cloth
or
other
material
5
designed
to
be
flown
from
a
pole
or
mast.
6
(d)
“Mutilate”
means
to
intentionally
cut
up
or
alter
so
as
7
to
make
imperfect.
8
(e)
“Show
disrespect”
means
to
deface,
defile,
mutilate,
or
9
trample.
10
(f)
“Trample”
means
to
intentionally
tread
upon
or
11
intentionally
cause
a
machine,
vehicle,
or
animal
to
tread
12
upon.
13
(3)
This
paragraph
does
not
apply
to
a
flag
retirement
14
ceremony
conducted
pursuant
to
federal
law.
15
2.
A
person
commits
a
serious
misdemeanor
when
the
person,
16
without
lawful
authority
or
color
of
authority,
obstructs
any
17
street,
sidewalk,
highway,
or
other
public
way,
with
the
intent
18
to
prevent
or
hinder
its
lawful
use
by
others.
19
3.
A
person
commits
an
aggravated
misdemeanor
when
the
20
person
commits
disorderly
conduct
as
described
in
subsection
2
21
and
does
any
of
the
following:
22
a.
Obstructs
or
attempts
to
obstruct
a
fully
23
controlled-access
facility
on
a
highway,
street,
or
road
in
24
which
the
speed
restriction
is
controlled
by
section
321.285,
25
subsection
3,
or
section
321.285,
subsection
5.
26
b.
Commits
property
damage.
27
c.
Is
present
during
an
unlawful
assembly
as
defined
in
28
section
723.2.
29
4.
A
person
commits
a
class
“D”
felony
when
the
person
30
commits
disorderly
conduct
as
described
in
subsection
2
and
31
does
any
of
the
following:
32
a.
Is
present
during
a
riot
as
defined
in
section
723.1.
33
b.
Causes
bodily
injury.
34
5.
A
person
commits
a
class
“C”
felony
when
the
person
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commits
disorderly
conduct
as
described
in
subsection
2
and
the
1
person
causes
serious
bodily
injury
or
death.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
public
safety
including
prohibited
acts
6
on
fully
controlled-access
facilities
and
disorderly
conduct,
7
and
provides
penalties.
8
The
bill
provides
that
it
is
unlawful
for
a
person
to
operate
9
a
bicycle,
skateboard,
or
other
pedestrian
conveyance
or
be
10
a
pedestrian
anywhere
on
a
fully
controlled-access
facility.
11
A
violation
is
punishable
as
a
scheduled
operating
violation
12
under
Code
section
805.8A.
The
fine
for
a
violation
is
$135.
13
Current
law
provides
that
all
violations
of
Code
section
14
723.4
(disorderly
conduct)
are
simple
misdemeanors.
The
bill
15
amends
Code
section
723.4
by
providing
additional
criminal
16
penalties
greater
than
a
simple
misdemeanor
for
additional
acts
17
of
disorderly
conduct.
18
The
bill
provides
that
a
person
commits
a
serious
19
misdemeanor
when
the
person,
without
lawful
authority
or
20
color
of
authority,
obstructs
or
attempts
to
obstruct
any
21
street,
sidewalk,
highway,
or
other
public
way,
or
obstructs
or
22
attempts
to
obstruct
any
business,
business
drive,
parking
lot,
23
or
business
access,
with
the
intent
to
prevent
or
hinder
its
24
lawful
use
by
others.
25
The
bill
provides
that
a
person
commits
an
aggravated
26
misdemeanor
when
the
person,
without
lawful
authority
or
color
27
of
authority,
obstructs
any
street,
sidewalk,
highway,
or
other
28
public
way
with
the
intent
to
prevent
or
hinder
its
lawful
use
29
by
others
and
does
any
of
the
following:
obstructs
or
attempts
30
to
obstruct
a
fully
controlled-access
facility
or
a
highway,
31
street,
or
road
in
which
a
speed
restriction
is
controlled
by
32
Code
section
321.285(3)
or
321.285(5);
commits
property
damage;
33
or
is
present
during
an
unlawful
assembly,
as
defined
in
Code
34
section
723.2.
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The
bill
provides
that
a
person
commits
a
class
“D”
1
felony
when
the
person,
without
lawful
authority
or
color
of
2
authority,
obstructs
any
street,
sidewalk,
highway,
or
other
3
public
way
with
the
intent
to
prevent
or
hinder
its
lawful
use
4
by
others
and
is
present
during
a
riot,
as
defined
in
Code
5
section
723.1;
or
causes
bodily
injury.
6
The
bill
provides
that
a
person
commits
a
class
“C”
7
felony
when
the
person,
without
lawful
authority
or
color
of
8
authority,
obstructs
any
street,
sidewalk,
highway,
or
other
9
public
way
with
the
intent
to
prevent
its
unlawful
use
by
10
others
and
serious
injury
or
death
results.
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