House File 2132 - Introduced



                                HOUSE FILE       
                                BY  TJEPKES, WATTS, DE BOEF, HUSEMAN,
                                    HUTTER, BAUDLER, TYMESON, CHAMBERS,
                                    WILDERDYKE, ALONS, RAYHONS, STRUYK,
                                    DRAKE, J. K. VAN FOSSEN, JACOBS,
                                    SODERBERG, KAUFMANN, MAY, BOAL,
                                    GRANZOW, FREEMAN, SANDS, S. OLSON,
                                    GREINER, ROBERTS, ELGIN, ANDERSON,
                                    J. R. VAN FOSSEN, KURTENBACH,
                                    DOLECHECK, HORBACH, VAN ENGELENHOVEN,
                                    ARNOLD, PAULSEN, DIX, CARROLL,
                                    UPMEYER, EICHHORN, HOFFMAN, and
                                    HUSER


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to committing disorderly conduct near a military
  2    funeral, memorial service, funeral procession, or burial, and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5529YH 81
  6 jm/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  723.5  DISORDERLY CONDUCT ==
  1  2 MILITARY FUNERAL OR MEMORIAL SERVICE.
  1  3    1.  A person shall not do any of the following within three
  1  4 hundred feet of the building or other location where a
  1  5 military funeral or memorial service is being conducted, or
  1  6 within three hundred feet of a military funeral procession or
  1  7 burial:
  1  8    a.  Make loud and raucous noise which causes unreasonable
  1  9 distress to the persons attending the funeral or memorial
  1 10 service, or participating in the funeral procession.
  1 11    b.  Direct abusive epithets or make any threatening gesture
  1 12 which the person knows or reasonably should know is likely to
  1 13 provoke a violent reaction by another.
  1 14    c.  Disturb or disrupt the funeral, memorial service,
  1 15 funeral procession, or burial by conduct intended to disturb
  1 16 or disrupt the funeral, memorial service, funeral procession,
  1 17 or burial.
  1 18    2.  This section applies to conduct within thirty minutes
  1 19 preceding, during, and within thirty minutes after a military
  1 20 funeral, memorial service, funeral procession, or burial.
  1 21    3.  A person who commits a violation of this section
  1 22 commits:
  1 23    a.  A simple misdemeanor for a first offense.
  1 24    b.  A serious misdemeanor for a second offense.
  1 25    c.  A class "D" felony for a third or subsequent offense.
  1 26                           EXPLANATION
  1 27    This bill relates to committing disorderly conduct near a
  1 28 military funeral, memorial service, funeral procession, or
  1 29 burial.
  1 30    The bill prohibits a person from making loud and raucous
  1 31 noise, directing abusive epithets or making threatening
  1 32 gestures, or disturbing or disrupting a military funeral,
  1 33 memorial service, funeral procession, or burial.
  1 34    The bill applies to conduct within 30 minutes preceding,
  1 35 during, and 30 minutes after a military funeral, memorial
  2  1 service, funeral procession, or burial.
  2  2    Under the bill, a person commits a simple misdemeanor for a
  2  3 first offense, a serious misdemeanor for a second offense, and
  2  4 a class "D" felony for a third or subsequent offense.
  2  5    A simple misdemeanor is punishable by confinement for no
  2  6 more than 30 days or a fine of at least $50 but not more than
  2  7 $500 or by both.  A serious misdemeanor is punishable by
  2  8 confinement for no more than one year and a fine of at least
  2  9 $250 but not more than $1,500.  A class "D" felony is
  2 10 punishable by confinement for no more than five years and a
  2 11 fine of at least $750 but not more than $7,500.
  2 12 LSB 5529YH 81
  2 13 jm:nh/sh/8