Iowa-2021-SF534-Amended

S.F. 534 Section 1. NEW SECTION . 321.366A Immunity from civil 1 liability for certain vehicle operators. 2 1. The driver of a vehicle who is exercising due care and 3 who injures another person who is participating in a protest, 4 demonstration, riot, or unlawful assembly or who is engaging in 5 disorderly conduct and is blocking traffic in a public street 6 or highway shall be immune from civil liability for the injury 7 caused by the driver of the vehicle. 8 2. The driver of a vehicle who injures another person 9 who is participating in a protest, demonstration, riot, or 10 unlawful assembly or who is engaging in disorderly conduct and 11 is blocking traffic in a public street or highway shall not 12 be immune from civil liability if the actions leading to the 13 injury caused by the driver of a vehicle constitute reckless 14 or willful misconduct. 15 3. Subsection 1 shall not apply if the injured person 16 participating in a protest or demonstration was doing so with a 17 valid permit allowing persons to protest or demonstrate on the 18 public street or highway where the injury occurred. 19 Sec. 2. Section 708.1, subsection 2, Code 2021, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . d. (1) Intentionally points a laser 22 emitting a visible light beam at another person with the intent 23 to cause pain or injury to another. For purposes of this 24 paragraph, “laser” means a device that emits a visible light 25 beam amplified by the stimulated emission of radiation and any 26 light which simulates the appearance of a laser. 27 (2) This paragraph does not apply to any of the following: 28 (a) A law enforcement officer who uses a laser in 29 discharging or attempting to discharge the officer’s official 30 duties. 31 (b) A health care professional who uses a laser in providing 32 services within the scope of practice of that professional or 33 any other person who is licensed or authorized by law to use a 34 laser or who uses a laser in the performance of the person’s 35 -1- SF 534 (2) 89 as/rh/mb 1/ 7

S.F. 534 official duties. 1 (c) A person who uses a laser to play laser tag, paintball, 2 and other similar games using light-emitting diode technology. 3 Sec. 3. Section 708.3A, subsections 1, 2, 3, and 4, Code 4 2021, are amended to read as follows: 5 1. A person who commits an assault, as defined in section 6 708.1 , against a peace officer, civilian employee of a law 7 enforcement agency, jailer, correctional staff, member or 8 employee of the board of parole, health care provider, employee 9 of the department of human services, employee of the department 10 of revenue, or fire fighter, whether paid or volunteer, or 11 civilian employee of a fire department, with the knowledge 12 that the person against whom the assault is committed is a 13 peace officer, civilian employee of a law enforcement agency, 14 jailer, correctional staff, member or employee of the board 15 of parole, health care provider, employee of the department 16 of human services, employee of the department of revenue, 17 or fire fighter , or civilian employee of a fire department, 18 and with the intent to inflict a serious injury upon the 19 peace officer, civilian employee of a law enforcement agency, 20 jailer, correctional staff, member or employee of the board of 21 parole, health care provider, employee of the department of 22 human services, employee of the department of revenue, or fire 23 fighter, or civilian employee of a fire department, is guilty 24 of a class “D” “C” felony , with a mandatory minimum term of 25 imprisonment of two years . 26 2. A person who commits an assault, as defined in section 27 708.1 , against a peace officer, civilian employee of a law 28 enforcement agency, jailer, correctional staff, member 29 or employee of the board of parole, health care provider, 30 employee of the department of human services, employee of 31 the department of revenue, or fire fighter, whether paid or 32 volunteer, or civilian employee of a fire department, who knows 33 that the person against whom the assault is committed is a 34 peace officer, civilian employee of a law enforcement agency, 35 -2- SF 534 (2) 89 as/rh/mb 2/ 7

S.F. 534 jailer, correctional staff, member or employee of the board 1 of parole, health care provider, employee of the department 2 of human services, employee of the department of revenue, or 3 fire fighter , or civilian employee of a fire department, and 4 who uses or displays a dangerous weapon in connection with the 5 assault, is guilty of a class “D” “C” felony. 6 3. A person who commits an assault, as defined in section 7 708.1 , against a peace officer, a civilian employee of a 8 law enforcement agency, jailer, correctional staff, member 9 or employee of the board of parole, health care provider, 10 employee of the department of human services, employee of 11 the department of revenue, or fire fighter, whether paid or 12 volunteer, or civilian employee of a fire department, who knows 13 that the person against whom the assault is committed is a 14 peace officer, a civilian employee of a law enforcement agency, 15 jailer, correctional staff, member or employee of the board 16 of parole, health care provider, employee of the department 17 of human services, employee of the department of revenue, or 18 fire fighter, or civilian employee of a fire department, and 19 who causes bodily injury or mental illness, is guilty of an 20 aggravated misdemeanor a class “D” felony, with a mandatory 21 minimum term of imprisonment of one year . 22 4. Any other assault, as defined in section 708.1 , committed 23 against a peace officer, civilian employee of a law enforcement 24 agency, jailer, correctional staff, member or employee of 25 the board of parole, health care provider, employee of the 26 department of human services, employee of the department of 27 revenue, or fire fighter, or civilian employee of a fire 28 department whether paid or volunteer, by a person who knows 29 that the person against whom the assault is committed is a 30 peace officer, jailer, correctional staff, member or employee 31 of the board of parole, health care provider, employee of 32 the department of human services, employee of the department 33 of revenue, or fire fighter, is a serious an aggravated 34 misdemeanor. 35 -3- SF 534 (2) 89 as/rh/mb 3/ 7

S.F. 534 Sec. 4. Section 708.7, subsection 2, paragraph a, Code 2021, 1 is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) Commits harassment against another 3 person who is lawfully in a place of public accommodation. 4 Sec. 5. Section 716.4, subsection 1, Code 2021, is amended 5 to read as follows: 6 1. Criminal mischief is criminal mischief in the second 7 degree if the any of the following apply: 8 a. The cost of replacing, repairing, or restoring the 9 property that is damaged, defaced, altered, or destroyed 10 exceeds one thousand five hundred dollars but does not exceed 11 ten thousand dollars. 12 b. The acts damage, deface, alter, or destroy any publicly 13 owned property, including a monument or a statue. In addition 14 to any sentence imposed for a violation of this paragraph, the 15 court shall include an order of restitution for any property 16 damage or loss incurred as a result of the offense. 17 Sec. 6. Section 723.1, Code 2021, is amended to read as 18 follows: 19 723.1 Riot. 20 A riot is three or more persons assembled together in a 21 violent manner, to the disturbance of disturbing others, and 22 with any use of unlawful force or violence by them or any of 23 them against another person or persons , or causing property 24 damage. A person who willingly joins in or remains a part of a 25 riot, knowing or having reasonable grounds to believe that it 26 is such, commits an aggravated misdemeanor a class “D” felony . 27 Sec. 7. Section 723.2, Code 2021, is amended to read as 28 follows: 29 723.2 Unlawful assembly. 30 An unlawful assembly is three or more persons assembled 31 together, with them or any of them acting in a violent manner, 32 and with intent that they or any of them will commit a public 33 offense. A person who willingly joins in or remains a part 34 of an unlawful assembly, knowing or having reasonable grounds 35 -4- SF 534 (2) 89 as/rh/mb 4/ 7

S.F. 534 to believe that it is such, commits a simple an aggravated 1 misdemeanor. 2 Sec. 8. Section 723.4, Code 2021, is amended by striking the 3 section and inserting in lieu thereof the following: 4 723.4 Disorderly conduct. 5 1. A person commits a simple misdemeanor when the person 6 does any of the following: 7 a. Engages in fighting or violent behavior in any public 8 place or in or near any lawful assembly of persons, provided, 9 that participants in athletic contests may engage in such 10 conduct which is reasonably related to that sport. 11 b. Makes loud and raucous noise in the vicinity of any 12 residence or public building which causes unreasonable distress 13 to the occupants thereof. 14 c. Directs abusive epithets or makes any threatening gesture 15 which the person knows or reasonably should know is likely to 16 provoke a violent reaction by another. 17 d. Without lawful authority or color of authority, the 18 person disturbs any lawful assembly or meeting of persons by 19 conduct intended to disrupt the meeting or assembly. 20 e. By words or action, initiates or circulates a report or 21 warning of fire, epidemic, or other catastrophe, knowing such 22 report to be false or such warning to be baseless. 23 f. (1) Knowingly and publicly uses the flag of the United 24 States in such a manner as to show disrespect for the flag as 25 a symbol of the United States, with the intent or reasonable 26 expectation that such use will provoke or encourage another to 27 commit trespass or assault. 28 (2) As used in this paragraph: 29 (a) “Deface” means to intentionally mar the external 30 appearance. 31 (b) “Defile” means to intentionally make physically unclean. 32 (c) “Flag” means a piece of woven cloth or other material 33 designed to be flown from a pole or mast. 34 (d) “Mutilate” means to intentionally cut up or alter so as 35 -5- SF 534 (2) 89 as/rh/mb 5/ 7

S.F. 534 to make imperfect. 1 (e) “Show disrespect” means to deface, defile, mutilate, or 2 trample. 3 (f) “Trample” means to intentionally tread upon or 4 intentionally cause a machine, vehicle, or animal to tread 5 upon. 6 (3) This paragraph does not apply to a flag retirement 7 ceremony conducted pursuant to federal law. 8 2. A person commits a serious misdemeanor when the person, 9 without lawful authority or color of authority, obstructs any 10 street, sidewalk, highway, or other public way, with the intent 11 to prevent or hinder its lawful use by others. 12 3. A person commits an aggravated misdemeanor when the 13 person commits disorderly conduct as described in subsection 2 14 and does any of the following: 15 a. Obstructs or attempts to obstruct a fully 16 controlled-access facility on a highway, street, or road in 17 which the speed restriction is controlled by section 321.285, 18 subsection 3 or 5. 19 b. Commits property damage. 20 c. Is present during an unlawful assembly as defined in 21 section 723.2. 22 4. A person commits a class “D” felony when the person 23 commits disorderly conduct as described in subsection 2 and 24 does any of the following: 25 a. Is present during a riot as defined in section 723.1. 26 b. Causes bodily injury. 27 5. A person commits a class “C” felony when the person 28 commits disorderly conduct as described in subsection 2 and the 29 person causes serious bodily injury or death. 30 Sec. 9. NEW SECTION . 723.6 Interference with public 31 disorder control. 32 Any person who possesses a tool, instrument, or device 33 with the intent to use the tool, instrument, or device to 34 suppress or disrupt law enforcement from legally deploying a 35 -6- SF 534 (2) 89 as/rh/mb 6/ 7

S.F. 534 device to control public disorder under this chapter commits an 1 aggravated misdemeanor. 2 Sec. 10. Section 804.21, Code 2021, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 7. Notwithstanding any other provision in 5 this section: 6 a. A defendant arrested for the offense of criminal 7 mischief, as defined in section 716.4, subsection 1, paragraph 8 “b” ; rioting, as defined in section 723.1; unlawful assembly, as 9 defined in section 723.2; or disorderly conduct, as defined in 10 section 723.4, subsections 2 and 3, shall be held for at least 11 twenty-four hours after the time of the arrest. The court 12 may, however, release the defendant in less than twenty-four 13 hours if the court finds that the defendant is not likely 14 to immediately resume the criminal behavior based on the 15 circumstances of the arrest and the defendant’s prior criminal 16 history, if any. 17 b. The findings of the court shall be reduced to writing. 18 The written findings shall be attached to the warrant and be 19 preserved as a permanent part of the record. The arresting 20 officer shall make official note of the time of the arrest in 21 order to establish the beginning of the twenty-four-hour period 22 required by this subsection. 23 -7- SF 534 (2) 89 as/rh/mb 7/ 7