Senate Study Bill 1007 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to certain public offenses committed against 1 a person because of the person’s employment as a law 2 enforcement officer, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1280XC (7) 87 jm/rh/rj

S.F. _____ Section 1. Section 692.15, subsection 7, Code 2017, is 1 amended to read as follows: 2 7. The hate crimes listed in section 729A.2 or 729A.2A are 3 subject to the reporting requirements of this section . 4 Sec. 2. Section 708.2C, subsection 1, Code 2017, is amended 5 to read as follows: 6 1. For the purposes of this chapter , “assault in violation 7 of individual rights” means an assault, as defined in section 8 708.1 , which is a hate crime as defined in section 729A.2 or 9 729A.2A . 10 Sec. 3. Section 712.9, Code 2017, is amended to read as 11 follows: 12 712.9 Violations of individual rights —— penalties. 13 A violation of sections 712.3 through 712.8 , which is also a 14 hate crime as defined in section 729A.2 or 729A.2A , shall be 15 classified and punished as an offense one degree higher than 16 the underlying offense. 17 Sec. 4. Section 716.6A, Code 2017, is amended to read as 18 follows: 19 716.6A Criminal mischief in violation of individual rights. 20 A violation of sections 716.5 and 716.6 , which is also a 21 hate crime as defined in section 729A.2 or 729A.2A , shall be 22 classified and punished as an offense one degree higher than 23 the underlying offense. 24 Sec. 5. Section 716.8, subsections 3 and 4, Code 2017, are 25 amended to read as follows: 26 3. A person who knowingly trespasses on the property of 27 another with the intent to commit a hate crime, as defined in 28 section 729A.2 or 729A.2A , commits a serious misdemeanor. 29 4. A person committing a trespass as defined in section 30 716.7 with the intent to commit a hate crime , as defined in 31 section 729A.2 or 729A.2A, which results in injury to any 32 person or damage in an amount more than two hundred dollars 33 to anything, animate or inanimate, located thereon or therein 34 commits an aggravated misdemeanor. 35 -1- LSB 1280XC (7) 87 jm/rh/rj 1/ 4

S.F. _____ Sec. 6. Section 729A.1, Code 2017, is amended to read as 1 follows: 2 729A.1 Violations of an individual’s rights prohibited. 3 1. Persons within the state of Iowa have the right to be 4 free from any violence, or intimidation by threat of violence, 5 committed against their persons or property because of their 6 race, color, religion, ancestry, national origin, political 7 affiliation, sex, sexual orientation, age, or disability. 8 2. Persons within the state of Iowa have the right to be 9 free from any violence, or intimidation by threat of violence, 10 committed against their persons or property because of their 11 employment as a law enforcement officer. 12 Sec. 7. NEW SECTION . 729A.1A Definitions. 13 As used in this chapter, “ law enforcement officer” means 14 a “peace officer” as defined in section 801.4, a “jailer” as 15 defined in section 708.3A, “correctional staff” as defined 16 in section 708.3A, or any federal law enforcement officer or 17 employee, whose permanent duties include the duties of a peace 18 officer, jailer, or correctional staff. 19 Sec. 8. NEW SECTION . 729A.2A Violations of individual 20 rights —— hate crime —— law enforcement officer. 21 “Hate crime” means one of the following public offenses 22 when committed against a person or a person’s property because 23 of the person’s employment as a law enforcement officer, or 24 the person’s association with a person employed as a law 25 enforcement officer: 26 1. Assault in violation of individual rights under section 27 708.2C. 28 2. Violations of individual rights under section 712.9. 29 3. Criminal mischief in violation of individual rights 30 under section 716.6A. 31 4. Trespass in violation of individual rights under section 32 716.8, subsections 3 and 4. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 1280XC (7) 87 jm/rh/rj 2/ 4

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to certain public offenses committed 2 against a person because of the person’s employment as a law 3 enforcement officer. 4 Current law specifies in Code section 729A.1 that persons 5 within the state of Iowa have the right to be free from any 6 violence, or intimidation by threat of violence, committed 7 against their persons or property because of their race, color, 8 religion, ancestry, national origin, political affiliation, 9 sex, sexual orientation, age, or disability. 10 The bill amends Code section 729A.1 to include employment 11 as a law enforcement officer as a protected characteristic 12 under Code section 729A.1. The bill defines a “law enforcement 13 officer” to mean a “peace officer” as defined in Code 14 section 801.4, a “jailer” as defined in Code section 708.3A, 15 “correctional staff” as defined in Code section 708.3A, or any 16 federal law enforcement officer or employee, whose permanent 17 duties include the duties of a peace officer, jailer, or 18 correctional staff. 19 The bill also creates new Code section 729A.2A by including 20 certain criminal offenses committed against a law enforcement 21 officer in the definition of a “hate crime”. The criminal 22 offenses include assault in violation of individual rights 23 under Code section 708.2C, violations of individual rights 24 (arson) under Code section 712.9, criminal mischief in 25 violation of Code section 716.6A, or trespass in violation of 26 Code section 716.8(3) or (4). The criminal offenses defined 27 as a hate crime under the bill mirror the criminal offenses 28 classified as a hate crime committed against a person under 29 Code section 729A.2. 30 The penalties for a person who commits a hate crime are 31 reclassified and punished as an offense one degree higher than 32 the underlying offense. The enhanced penalties range from a 33 serious misdemeanor to a class “B” felony. 34 A person who commits a hate crime upon a law enforcement 35 -3- LSB 1280XC (7) 87 jm/rh/rj 3/ 4

S.F. _____ officer may also commit an assault on persons engaged in 1 certain occupations in violation of Code section 708.3A. 2 A victim of a hate crime who has suffered physical, 3 emotional, or financial harm as a result of a violation of 4 the bill may bring an action under Code section 729A.5 for 5 injunctive relief, general and special damages, reasonable 6 attorney fees, and costs. 7 -4- LSB 1280XC (7) 87 jm/rh/rj 4/ 4