House File 2123 - Introduced HOUSE FILE 2123 BY HUNTER , OLDSON , STAED , BENNETT , GASKILL , HALL , T. TAYLOR , MASCHER , and RUNNING-MARQUARDT A BILL FOR An Act modifying the elements defining hate crimes, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5671YH (4) 86 jm/rj

H.F. 2123 Section 1. Section 729A.2, Code 2016, is amended to read as 1 follows: 2 729A.2 Violation of individual rights —— hate crime. 3 1. As used in this section: 4 a. “Gender expression” means external manifestations of a 5 person’s gender identity, usually expressed through masculine, 6 feminine, or gender-variant behavior. 7 b. “Gender identity” means a person’s internal and personal 8 sense of being male or female regardless of a person’s 9 birth-assigned sex. 10 2. “Hate crime” means one of the following public offenses 11 when committed against a person or a person’s property because 12 of the person’s race, color, religion, ancestry, national 13 origin, political affiliation, gender identity, gender 14 expression, sex, sexual orientation, age, or disability, or the 15 person’s association with a person of a certain race, color, 16 religion, ancestry, national origin, political affiliation, 17 gender identity, gender expression, sex, sexual orientation, 18 age, or disability: 19 1. a. Assault in violation of individual rights under 20 section 708.2C . 21 2. b. Violations of individual rights under section 712.9 . 22 3. c. Criminal mischief in violation of individual rights 23 under section 716.6A . 24 4. d. Trespass in violation of individual rights under 25 section 716.8, subsections 3 and 4 . 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill includes additional, alternative elements defining 30 the various offenses labeled as hate crimes. 31 The bill amends Code section 729A.2 by modifying a “hate 32 crime” to include offenses committed against a person or 33 person’s property because of the person’s gender identity or 34 gender expression or because of the person’s association with a 35 -1- LSB 5671YH (4) 86 jm/rj 1/ 3

H.F. 2123 person of a certain gender identity or gender expression. 1 The bill defines “gender identity” to mean a person’s 2 internal and personal sense of being male or female regardless 3 of a person’s birth-assigned sex. The bill defines “gender 4 expression” to mean external manifestations of a person’s 5 gender identity, usually expressed through masculine, feminine, 6 or gender-variant behavior. 7 If a person commits an offenses classified as a hate crime 8 under the bill against a person or person’s property because 9 of the person’s gender identity or gender expression or 10 because of the person’s association with a person of a certain 11 gender identity or gender expression, the person commits one 12 of the following criminal offenses: assault in violation of 13 individual rights under Code section 708.2C; violations of 14 individual rights under Code section 712.9; criminal mischief 15 in violation of individual rights under Code section 716.6A; or 16 trespass in violation of individual rights under Code section 17 716.8(3) and (4). 18 The penalty for a person who commits a hate crime classified 19 as an assault in violation of individual rights under Code 20 section 708.2C ranges from a serious misdemeanor to a class “D” 21 felony depending on the circumstances of the offense. 22 The penalty for a person who commits a hate crime that is 23 a violation of individual rights under Code section 712.9 is 24 reclassified and punished as an offense one degree higher than 25 the underlying offense, resulting in the following punishments: 26 for violations of Code sections 712.3 (arson in the second 27 degree) punishable as a class “B” felony, 712.4 (arson in the 28 third degree) punishable as a class “D” felony, 715.5 (reckless 29 use of fire or explosives) punishable as an aggravated 30 misdemeanor, 712.6 (explosive or incendiary materials or 31 devices) punishable from an aggravated misdemeanor to a class 32 “B” felony, 712.7 (false reports) punishable as a class “C” 33 felony, or 712.8 (threats) punishable as a class “C” felony. 34 The penalty for a person who commits a hate crime that is 35 -2- LSB 5671YH (4) 86 jm/rj 2/ 3

H.F. 2123 criminal mischief in violation of individual rights under Code 1 section 716.6A is reclassified and punished as an offense one 2 degree higher than the underlying offense, resulting in the 3 following punishments: for violations of Code section 716.5 4 (criminal mischief in the third degree) punishable as a class 5 “D” felony, and 716.6 (criminal mischief in the fourth or fifth 6 degrees) punishable as an aggravated misdemeanor or serious 7 misdemeanor, respectively. 8 The penalty for a person who commits a hate crime that is a 9 trespass in violation of individual rights under Code section 10 716.8(3) is a serious misdemeanor and a person who commits a 11 hate crime that is a trespass in violation of individual rights 12 under Code section 716.8(4) commits an aggravated misdemeanor. 13 -3- LSB 5671YH (4) 86 jm/rj 3/ 3