Senate File 73 - Introduced SENATE FILE 73 BY McCOY 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 1517XS (1) 87 jm/rj

S.F. 73 Section 1. Section 729A.2, Code 2017, 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 actual or perceived 5 gender-related characteristics. 6 b. “Gender identity” means a gender-related identity of a 7 person, regardless of the person’s assigned sex at birth. 8 2. “Hate crime” means one of the following public offenses 9 when committed against a person or a person’s property because 10 of the person’s race, color, religion, ancestry, national 11 origin, political affiliation, gender identity, gender 12 expression, sex, sexual orientation, age, or disability, or the 13 person’s association with a person of a certain race, color, 14 religion, ancestry, national origin, political affiliation, 15 gender identity, gender expression, sex, sexual orientation, 16 age, or disability: 17 1. a. Assault in violation of individual rights under 18 section 708.2C . 19 2. b. Violations of individual rights under section 712.9 . 20 3. c. Criminal mischief in violation of individual rights 21 under section 716.6A . 22 4. d. Trespass in violation of individual rights under 23 section 716.8, subsections 3 and 4 . 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill includes additional, alternative elements defining 28 the various offenses labeled as hate crimes. 29 The bill amends Code section 729A.2 by modifying a “hate 30 crime” to include offenses committed against a person or 31 person’s property because of the person’s gender identity or 32 gender expression or because of the person’s association with a 33 person of a certain gender identity or gender expression. 34 The bill defines “gender identity” to mean a gender-related 35 -1- LSB 1517XS (1) 87 jm/rj 1/ 3

S.F. 73 identity of a person, regardless of the person’s assigned sex 1 at birth. The bill defines “gender expression” to mean actual 2 or perceived gender-related characteristics. 3 If a person commits an offense classified as a hate crime 4 under the bill against a person or person’s property because 5 of the person’s gender identity or gender expression or 6 because of the person’s association with a person of a certain 7 gender identity or gender expression, the person commits one 8 of the following criminal offenses: assault in violation of 9 individual rights under Code section 708.2C; violations of 10 individual rights under Code section 712.9; criminal mischief 11 in violation of individual rights under Code section 716.6A; or 12 trespass in violation of individual rights under Code section 13 716.8(3) and (4). 14 The penalty for a person who commits a hate crime classified 15 as an assault in violation of individual rights under Code 16 section 708.2C ranges from a serious misdemeanor to a class “D” 17 felony depending on the circumstances of the offense. 18 The penalty for a person who commits a hate crime that is 19 a violation of individual rights under Code section 712.9 is 20 reclassified and punished as an offense one degree higher than 21 the underlying offense, resulting in the following punishments: 22 for violations of Code sections 712.3 (arson in the second 23 degree) punishable as a class “B” felony, 712.4 (arson in the 24 third degree) punishable as a class “D” felony, 715.5 (reckless 25 use of fire or explosives) punishable as an aggravated 26 misdemeanor, 712.6 (explosive or incendiary materials or 27 devices) punishable from an aggravated misdemeanor to a class 28 “B” felony, 712.7 (false reports) punishable as a class “C” 29 felony, or 712.8 (threats) punishable as a class “C” felony. 30 The penalty for a person who commits a hate crime that is 31 criminal mischief in violation of individual rights under Code 32 section 716.6A is reclassified and punished as an offense one 33 degree higher than the underlying offense, resulting in the 34 following punishments: for violations of Code section 716.5 35 -2- LSB 1517XS (1) 87 jm/rj 2/ 3

S.F. 73 (criminal mischief in the third degree) punishable as a class 1 “D” felony, and 716.6 (criminal mischief in the fourth or fifth 2 degrees) punishable as an aggravated misdemeanor or serious 3 misdemeanor, respectively. 4 The penalty for a person who commits a hate crime that is a 5 trespass in violation of individual rights under Code section 6 716.8(3) is a serious misdemeanor and a person who commits a 7 hate crime that is a trespass in violation of individual rights 8 under Code section 716.8(4) commits an aggravated misdemeanor. 9 -3- LSB 1517XS (1) 87 jm/rj 3/ 3