Senate File 342 H-1342 Amend Senate File 342, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 5 Section 1. Section 9E.1, Code 2021, is amended to read as 6 follows: 7 9E.1 Purpose. 8 The general assembly finds that individuals attempting to 9 escape from actual or threatened domestic abuse, domestic 10 abuse assault, sexual abuse, assault, stalking, or human 11 trafficking frequently establish new addresses in order to 12 prevent their assailants or probable assailants from finding 13 them. The purpose of this chapter is to enable state and local 14 agencies to respond to requests for data without disclosing 15 the location of a victim of domestic abuse, domestic abuse 16 assault, sexual abuse, assault, stalking, or human trafficking; 17 to enable interagency cooperation with the secretary of state 18 in providing address confidentiality for victims of domestic 19 abuse, domestic abuse assault, sexual abuse, assault, stalking, 20 or human trafficking; and to enable program participants to use 21 an address designated by the secretary of state as a substitute 22 mailing address for the purposes specified in this chapter . 23 In addition, the purpose of this chapter is to prevent such 24 victims from being physically located through a public records 25 search. 26 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 27 is amended to read as follows: 28 a. “Eligible person” means a person who is all a resident of 29 this state, an adult, a minor, or an incapacitated person as 30 defined in section 633.701, and is one of the following: 31 (1) A resident of this state. 32 (2) An adult, a minor, or an incapacitated person as defined 33 in section 633.701 . 34 (3) A victim of domestic abuse, domestic abuse assault, 35 -1- SF342.1777 (1) 89 cm/rh 1/ 29 #1.

sexual abuse, assault, stalking, or human trafficking as 1 evidenced by the filing of a petition pursuant to section 236.3 2 or a criminal complaint or information pursuant to section 3 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 4 in chapter 709 . 5 (2) A currently active or retired state or local judicial 6 officer, as defined in section 4.1, a federal judge, or a 7 spouse or child of such a person. 8 (3) A currently active or retired state or local prosecuting 9 attorney, as defined in section 801.4, or a spouse or child of 10 such a person. 11 (4) A currently active or retired peace officer, as defined 12 in section 801.4, civilian employee of a law enforcement 13 agency, or a spouse or child of such a person. 14 Sec. 3. Section 9E.3, subsection 1, paragraph b, 15 subparagraph (1), subparagraph division (a), Code 2021, is 16 amended to read as follows: 17 (a) The eligible person listed on the application is a 18 victim of domestic abuse, domestic abuse assault, sexual abuse, 19 assault, stalking, or human trafficking. 20 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 21 is amended to read as follows: 22 e. The residential address of the eligible person, 23 disclosure of which could lead to an increased risk of domestic 24 abuse, domestic abuse assault, sexual abuse, assault, stalking, 25 or human trafficking. 26 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 4A. Upon request by a program participant, 29 the assessor or the assessor’s staff shall redact the 30 requestor’s name contained in electronic documents that 31 are displayed for public access through an internet site. 32 The assessor shall implement and maintain a process to 33 facilitate these requests. A fee shall not be charged for the 34 administration of this paragraph. 35 -2- SF342.1777 (1) 89 cm/rh 2/ 29

Sec. 6. Section 22.10, subsection 3, paragraph b, 1 subparagraph (2), Code 2021, is amended to read as follows: 2 (2) Had good reason to believe and in good faith believed 3 facts which, if true, would have indicated compliance with the 4 requirements of this chapter . It shall constitute such good 5 reason and good faith belief and a court shall not assess any 6 damages, costs, or fees under this subsection if the person 7 incorrectly balanced the right of the public to receive public 8 records against the rights and obligations of the government 9 body to maintain confidential records as provided in section 10 22.7 under any judicially created balancing test, unless the 11 person is unable to articulate any reasonable basis for such 12 balancing. 13 Sec. 7. Section 331.604, subsection 3, Code 2021, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . f. (1) Upon request by a peace officer, 16 as defined in section 801.4, civilian employee of a law 17 enforcement agency, or state or federal judicial officer 18 or state or federal prosecutor, the county assessor or the 19 county assessor’s staff, or the county recorder or the county 20 recorder’s staff, shall redact the requestor’s name contained 21 in electronic documents that are displayed for public access 22 through an internet site. 23 (2) Upon request by a former peace officer, as defined 24 in section 801.4, or a former civilian employee of a law 25 enforcement agency, the county assessor or the county 26 assessor’s staff, or the county recorder or the county 27 recorder’s staff, may redact, upon the presentation of evidence 28 that a compelling safety interest is served by doing so, the 29 requestor’s name contained in electronic documents that are 30 displayed for public access through an internet site. 31 (3) This paragraph does not apply to a requestor holding or 32 seeking public office. 33 (4) The county assessor and the county recorder shall 34 implement and maintain a process to facilitate requests 35 -3- SF342.1777 (1) 89 cm/rh 3/ 29

pursuant to this paragraph. 1 (5) A fee shall not be charged for the administration of 2 this paragraph. 3 DIVISION II 4 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 5 Sec. 8. Section 554.9510, subsection 1, Code 2021, is 6 amended to read as follows: 7 1. Filed record effective if authorized. A filed record 8 is effective only to the extent that it was filed by a person 9 that may file it under section 554.9509 or by the filing office 10 under section 554.9513A . 11 Sec. 9. NEW SECTION . 554.9513A Termination of wrongfully 12 filed financing statement —— reinstatement. 13 1. Trusted filer. “Trusted filer” means a person that does 14 any of the following: 15 a. Regularly causes records to be communicated to the 16 filing office for filing and has provided the filing office 17 with current contact information and information sufficient to 18 establish the person’s identity. 19 b. Satisfies either of the following conditions: 20 (1) The filing office has issued the person credentials for 21 access to online filing services. 22 (2) The person has established a prepaid or direct debit 23 account for payment of filing fees, regardless of whether the 24 account is used in a particular transaction. 25 2. Affidavit of wrongful filing. A person identified as 26 debtor in a filed financing statement may deliver to the 27 filing office a notarized, sworn affidavit that identifies the 28 financing statement by file number, indicates the affiant’s 29 mailing address, and states that the affiant believes that 30 the filed record identifying the affiant as debtor was not 31 authorized to be filed and was caused to be communicated to the 32 filing office with the intent to harass or defraud the affiant. 33 The filing office may reject an affidavit that is incomplete or 34 that it believes was delivered to it with the intent to harass 35 -4- SF342.1777 (1) 89 cm/rh 4/ 29

or defraud the secured party. The office of the secretary 1 of state shall adopt a form of affidavit for use under this 2 section. 3 3. Termination statement by filing office. Subject to 4 subsection 11, if an affidavit is delivered to the filing 5 office under subsection 2, the filing office shall promptly 6 file a termination statement with respect to the financing 7 statement identified in the affidavit. The termination 8 statement must identify by its file number the initial 9 financing statement to which it relates and must indicate that 10 it was filed pursuant to this section. A termination statement 11 filed under this subsection is not effective until ninety days 12 after it is filed. 13 4. No fee charged or refunded. The filing office shall not 14 charge a fee for the filing of an affidavit under subsection 15 2 or a termination statement under subsection 3. The filing 16 office shall not return any fee paid for filing the financing 17 statement identified in the affidavit, whether or not the 18 financing statement is reinstated under subsection 7. 19 5. Notice of termination statement. On the same day that a 20 filing office files a termination statement under subsection 21 3, the filing office shall send to the secured party of record 22 for the financing statement to which the termination statement 23 relates a notice stating that the termination statement 24 has been filed and will become effective ninety days after 25 filing. The notice shall be sent by certified mail, return 26 receipt requested, to the address provided for the secured 27 party of record in the financing statement with a copy sent by 28 electronic mail to the electronic mail address provided by the 29 secured party of record, if any. 30 6. Administrative review —— action for reinstatement. A 31 secured party that believes in good faith that the filed record 32 identified in an affidavit delivered to the filing office under 33 subsection 2 was authorized to be filed and was not caused to 34 be communicated to the filing office with the intent to harass 35 -5- SF342.1777 (1) 89 cm/rh 5/ 29

or defraud the affiant may: 1 a. Before the termination statement takes effect, request 2 that the filing office conduct an expedited review of the 3 filed record and any documentation provided by the secured 4 party. The filing office may as a result of this review remove 5 from the record the termination statement filed by it under 6 subsection 3 before the termination statement takes effect and 7 conduct an administrative review under subsection 11. 8 b. File an action against the filing office seeking 9 reinstatement of the financing statement to which the filed 10 record relates at any time before the expiration of six months 11 after the date on which the termination statement filed under 12 subsection 3 becomes effective. If the affiant is not named as 13 a defendant in the action, the secured party shall send a copy 14 of the petition to the affiant at the address indicated in the 15 affidavit. The exclusive venue for the action shall be in the 16 district court for the county where the filing office in which 17 the financing statement was filed is located. The action shall 18 be considered by the court on an expedited basis. 19 7. Filing office to file notice of action for 20 reinstatement. Within ten days after being served with process 21 in an action under subsection 6, the filing office shall file 22 a notice indicating that the action has been commenced. The 23 notice must indicate the file number of the initial financing 24 statement to which the notice relates. 25 8. Action for reinstatement successful. If, in an action 26 under subsection 6, the court determines that the financing 27 statement was authorized to be filed and was not caused to be 28 communicated to the filing office with the intent to harass or 29 defraud the affiant, the court shall order that the financing 30 statement be reinstated. If an order of reinstatement is 31 issued by the court, the filing office shall promptly file a 32 record that identifies by its file number the initial financing 33 statement to which the record relates and indicates that the 34 financing statement has been reinstated. 35 -6- SF342.1777 (1) 89 cm/rh 6/ 29

9. Effect of reinstatement. Upon the filing of a record 1 reinstating a financing statement under subsection 8, the 2 effectiveness of the financing statement is reinstated and the 3 financing statement shall be considered never to have been 4 terminated under this section except as against a purchaser of 5 the collateral that gives value in reasonable reliance upon 6 the termination. A continuation statement filed as provided 7 in section 554.9515, subsection 4, after the effective date of 8 a termination statement filed under subsection 3 or 11 becomes 9 effective if the financing statement is reinstated. 10 10. Liability for wrongful filing. If, in an action under 11 subsection 6, the court determines that the filed record 12 identified in an affidavit delivered to the filing office under 13 subsection 2 was caused to be communicated to the filing office 14 with the intent to harass or defraud the affiant, the filing 15 office and the affiant may recover from the secured party that 16 filed the action the costs and expenses, including reasonable 17 attorney fees and the reasonable allocated costs of internal 18 counsel, that the filing office and the affiant incurred in the 19 action. This recovery is in addition to any recovery to which 20 the affiant is entitled under section 554.9625. 21 11. Procedure for record filed by trusted filer. If an 22 affidavit delivered to a filing office under subsection 2 23 relates to a filed record communicated to the filing office by 24 a trusted filer, the filing office shall promptly send to the 25 secured party of record a notice stating that the affidavit has 26 been delivered to the filing office and that the filing office 27 is conducting an administrative review to determine whether the 28 record was caused to be communicated with the intent to harass 29 or defraud the affiant. The notice shall be sent by certified 30 mail, return receipt requested, to the address provided for 31 the secured party in the financing statement with a copy sent 32 by electronic mail to the electronic mail address provided 33 by the secured party of record, if any, and a copy shall be 34 sent in the same manner to the affiant. The administrative 35 -7- SF342.1777 (1) 89 cm/rh 7/ 29

review shall be conducted on an expedited basis and the filing 1 office may require the affiant and the secured party of record 2 to provide any additional information that the filing office 3 deems appropriate. If the filing office concludes that the 4 record was caused to be communicated with the intent to harass 5 or defraud the affiant, the filing office shall promptly file a 6 termination statement under subsection 2 that will be effective 7 immediately and send to the secured party of record the notice 8 required by subsection 5. The secured party may thereafter 9 file an action for reinstatement under subsection 6 and the 10 provisions of subsections 7 through 10 are applicable. 11 Sec. 10. NEW SECTION . 714.29 Records filed with intent to 12 harass or defraud. 13 1. A person shall not cause to be communicated to the filing 14 office as defined in section 554.9102 for filing a record if 15 all of the following are true: 16 a. The person is not authorized to file the record under 17 section 554.9509. 18 b. The record is not related to an existing or anticipated 19 transaction that is or will be governed by chapter 554, article 20 9. 21 c. The record is filed with the intent to harass or defraud 22 the person identified as debtor in the record. 23 2. A person that violates subsection 1 is guilty of a simple 24 misdemeanor for a first offense and a serious misdemeanor for a 25 second or subsequent offense. 26 DIVISION III 27 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 28 Sec. 11. NEW SECTION . 70A.23A Credit for accrued sick leave 29 —— retired public safety employees. 30 A public safety employee, as defined in section 20.3, 31 subsection 11, who retires and has applied for retirement 32 benefits under an eligible retirement system, shall receive 33 credit for all accumulated, unused sick leave which shall be 34 converted at current value and credited to an account for the 35 -8- SF342.1777 (1) 89 cm/rh 8/ 29

public safety employee for the purpose of paying the public 1 safety employee’s cost of the monthly premiums for continuance 2 of the public safety employee’s health insurance plan. Upon 3 the death of a retired public safety employee, the surviving 4 spouse or dependents shall be entitled to the value of the 5 accumulated unused sick leave for the purpose of paying the 6 cost of monthly premiums for continuation of a public safety 7 employee’s health insurance policy for the public safety 8 employee’s surviving spouse or dependents. This section 9 shall not apply to a public safety employee covered under a 10 collective bargaining agreement which provides for an employer 11 paid retirement health savings plan. 12 DIVISION IV 13 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 14 Sec. 12. Section 97A.6, subsection 11, Code 2021, is amended 15 to read as follows: 16 11. Pensions offset by compensation benefits. 17 a. Any amounts which may be paid or payable by the state 18 under the provisions of any workers’ compensation or similar 19 law to a member or to the dependents of a member on account of 20 any disability or death, shall be offset against and payable 21 in lieu of any benefits payable out of the retirement fund 22 provided by the state under the provisions of this chapter on 23 account of the same disability or death. In case the present 24 value of the total commuted benefits under said workers’ 25 compensation or similar law is less than the present value 26 of the benefits otherwise payable from the retirement fund 27 provided by the state under this chapter , then the present 28 value of the commuted payments shall be deducted from the 29 pension payable and such benefits as may be provided by the 30 system so reduced shall be payable under the provisions of this 31 chapter . 32 b. Notwithstanding paragraph “a” , any workers’ compensation 33 benefits received by a member for past medical expenses or 34 future medical expenses shall not be offset against and not 35 -9- SF342.1777 (1) 89 cm/rh 9/ 29

considered payable in lieu of any retirement allowance payable 1 pursuant to this section on account of the same disability. 2 c. Notwithstanding paragraph “a” , any workers’ compensation 3 benefits received by a member for reimbursement of vacation 4 time used, sick time used, or for any unpaid time off from work 5 shall not be offset against and not considered payable in lieu 6 of any retirement allowance payable pursuant to this section on 7 account of the same disability. 8 Sec. 13. Section 97B.50A, subsection 5, Code 2021, is 9 amended to read as follows: 10 5. Offset to allowance. 11 a. Notwithstanding any provisions to the contrary in state 12 law, or any applicable contract or policy, any amounts which 13 may be paid or payable by the employer under any workers’ 14 compensation, unemployment compensation, employer-paid 15 disability plan, program, or policy, or other law to a member, 16 and any disability payments the member receives pursuant to 17 the federal Social Security Act, 42 U.S.C. §423 et seq., 18 shall be offset against and payable in lieu of any retirement 19 allowance payable pursuant to this section on account of the 20 same disability. 21 b. Notwithstanding paragraph “a” , any workers’ compensation 22 benefits received by a member for past medical expenses or 23 future medical expenses shall not be offset against and not 24 considered payable in lieu of any retirement allowance payable 25 pursuant to this section on account of the same disability. 26 c. Notwithstanding paragraph “a” , any workers’ compensation 27 benefits received by a member for reimbursement of vacation 28 time used, sick time used, or for any unpaid time off from work 29 shall not be offset against and not considered payable in lieu 30 of any retirement allowance payable pursuant to this section on 31 account of the same disability. 32 DIVISION V 33 CIVIL SERVICE COMMISSION EXAMINATIONS 34 Sec. 14. Section 400.8, subsection 2, Code 2021, is amended 35 -10- SF342.1777 (1) 89 cm/rh 10/ 29

to read as follows: 1 2. The commission shall establish the guidelines for 2 conducting the examinations under subsection 1 of this section . 3 It may prepare and administer the examinations or may The 4 commission shall hire persons with expertise to do so if the 5 commission approves the examinations prepare and administer 6 the examinations approved by the commission . It may also 7 hire persons with expertise to consult in the preparation of 8 such examinations if the persons so hired are employed to aid 9 personnel of the commission in assuring that a fair examination 10 is conducted. A fair examination shall explore the competence 11 of the applicant in the particular field of examination. 12 Sec. 15. Section 400.9, subsection 2, Code 2021, is amended 13 to read as follows: 14 2. The commission shall establish guidelines for conducting 15 the examinations under subsection 1 . It may prepare and 16 administer the examinations or may The commission shall hire 17 persons with expertise to do so if the commission approves 18 the examinations and if the examinations apply to prepare and 19 administer the examinations approved by the commission for 20 the position in the city for which the applicant is taking 21 the examination. It may also hire persons with expertise to 22 consult in the preparation of such examinations if the persons 23 so hired are employed to aid personnel of the commission 24 in assuring that a fair examination is conducted. A fair 25 examination shall explore the competence of the applicant in 26 the particular field of examination. The names of persons 27 approved to administer any examination under this section shall 28 be posted in the city hall at least twenty-four hours prior to 29 the examination. 30 DIVISION VI 31 LAW ENFORCEMENT —— ELUDING LAW ENFORCEMENT —— CARRYING FIREARMS 32 Sec. 16. Section 321.279, Code 2021, is amended to read as 33 follows: 34 321.279 Eluding or attempting to elude pursuing law 35 -11- SF342.1777 (1) 89 cm/rh 11/ 29

enforcement vehicle. 1 1. a. The driver of a motor vehicle commits a serious 2 misdemeanor if the driver willfully fails to bring the motor 3 vehicle to a stop or otherwise eludes or attempts to elude a 4 marked or unmarked official law enforcement vehicle driven by a 5 uniformed peace officer after being given a visual and audible 6 signal to stop. The signal given by the peace officer shall 7 be by flashing red light, or by flashing red and blue lights, 8 and siren. For purposes of this section , “peace officer” means 9 those officers designated under section 801.4, subsection 11 , 10 paragraphs “a” , “b” , “c” , “f” , “g” , and “h” . 11 b. The driver of a motor vehicle who commits a second or 12 subsequent violation under this subsection is, upon conviction, 13 guilty of an aggravated misdemeanor. 14 2. a. The driver of a motor vehicle commits an aggravated 15 misdemeanor if the driver willfully fails to bring the motor 16 vehicle to a stop or otherwise eludes or attempts to elude a 17 marked or unmarked official law enforcement vehicle that is 18 driven by a uniformed peace officer after being given a visual 19 and audible signal as provided in this section and in doing so 20 exceeds the speed limit by twenty-five miles per hour or more. 21 b. The driver of a motor vehicle who commits a violation 22 under this subsection and who has previously committed a 23 violation under this subsection or subsection 3 is, upon 24 conviction, guilty of a class “D” felony. 25 3. a. The driver of a motor vehicle commits a class “D” 26 felony if the driver willfully fails to bring the motor vehicle 27 to a stop or otherwise eludes or attempts to elude a marked or 28 unmarked official law enforcement vehicle that is driven by a 29 uniformed peace officer after being given a visual and audible 30 signal as provided in this section , and in doing so exceeds the 31 speed limit by twenty-five miles per hour or more, and if any 32 of the following occurs: 33 (1) The driver is participating in a public offense, as 34 defined in section 702.13 , that is a felony. 35 -12- SF342.1777 (1) 89 cm/rh 12/ 29

(2) The driver is in violation of section 321J.2 . 1 (3) The driver is in violation of section 124.401 . 2 (4) The offense results in bodily injury to a person other 3 than the driver. 4 b. The driver of a motor vehicle who commits a second or 5 subsequent violation under this subsection is, upon conviction, 6 guilty of a class “C” felony. 7 Sec. 17. NEW SECTION . 724.4D Authority to carry firearm 8 —— peace officers. 9 A peace officer shall not be prohibited from carrying a 10 firearm while engaged in the performance of official duties. 11 DIVISION VII 12 ASSAULTS INVOLVING LASERS 13 Sec. 18. Section 708.1, subsection 2, Code 2021, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . d. (1) Intentionally points a laser 16 emitting a visible light beam at another person with the intent 17 to cause pain or injury to another. For purposes of this 18 paragraph, “laser” means a device that emits a visible light 19 beam amplified by the stimulated emission of radiation and any 20 light which simulates the appearance of a laser. 21 (2) This paragraph does not apply to any of the following: 22 (a) A law enforcement officer who uses a laser in 23 discharging or attempting to discharge the officer’s official 24 duties. 25 (b) A health care professional who uses a laser in providing 26 services within the scope of practice of that professional or 27 any other person who is licensed or authorized by law to use a 28 laser or who uses a laser in the performance of the person’s 29 official duties. 30 (c) A person who uses a laser to play laser tag, paintball, 31 and other similar games using light-emitting diode technology. 32 DIVISION VIII 33 ASSAULT —— HARASSMENT —— CRIMINAL MISCHIEF —— DISORDERLY 34 CONDUCT 35 -13- SF342.1777 (1) 89 cm/rh 13/ 29

Sec. 19. Section 321.366, subsection 1, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. Operate a bicycle, skateboard, or other 3 pedestrian conveyance or be a pedestrian anywhere on a fully 4 controlled-access facility. For purposes of this paragraph, 5 “pedestrian conveyance” means any human-powered device by which 6 a pedestrian may move other than by walking or by which a 7 walking person may move another pedestrian, including but not 8 limited to strollers and wheelchairs. 9 Sec. 20. Section 708.3A, subsections 1, 2, 3, and 4, Code 10 2021, are amended to read as follows: 11 1. A person who commits an assault, as defined in section 12 708.1 , against a peace officer, jailer, correctional staff, 13 member or employee of the board of parole, health care 14 provider, employee of the department of human services, 15 employee of the department of revenue, civilian employee of a 16 law enforcement agency, civilian employee of a fire department, 17 or fire fighter, whether paid or volunteer, with the knowledge 18 that the person against whom the assault is committed is a 19 peace officer, jailer, correctional staff, member or employee 20 of the board of parole, health care provider, employee of 21 the department of human services, employee of the department 22 of revenue, civilian employee of a law enforcement agency, 23 civilian employee of a fire department, or fire fighter and 24 with the intent to inflict a serious injury upon the peace 25 officer, jailer, correctional staff, member or employee of 26 the board of parole, health care provider, employee of the 27 department of human services, employee of the department 28 of revenue, civilian employee of a law enforcement agency, 29 civilian employee of a fire department, or fire fighter, is 30 guilty of a class “D” felony. 31 2. A person who commits an assault, as defined in section 32 708.1 , against a peace officer, jailer, correctional staff, 33 member or employee of the board of parole, health care 34 provider, employee of the department of human services, 35 -14- SF342.1777 (1) 89 cm/rh 14/ 29

employee of the department of revenue, civilian employee of a 1 law enforcement agency, civilian employee of a fire department, 2 or fire fighter, whether paid or volunteer, who knows that 3 the person against whom the assault is committed is a peace 4 officer, jailer, correctional staff, member or employee of 5 the board of parole, health care provider, employee of the 6 department of human services, employee of the department 7 of revenue, civilian employee of a law enforcement agency, 8 civilian employee of a fire department, or fire fighter and 9 who uses or displays a dangerous weapon in connection with the 10 assault, is guilty of a class “D” felony. 11 3. A person who commits an assault, as defined in section 12 708.1 , against a peace officer, jailer, correctional staff, 13 member or employee of the board of parole, health care 14 provider, employee of the department of human services, 15 employee of the department of revenue, civilian employee of a 16 law enforcement agency, civilian employee of a fire department, 17 or fire fighter, whether paid or volunteer, who knows that 18 the person against whom the assault is committed is a peace 19 officer, jailer, correctional staff, member or employee of 20 the board of parole, health care provider, employee of the 21 department of human services, employee of the department 22 of revenue, civilian employee of a law enforcement agency, 23 civilian employee of a fire department, or fire fighter, and 24 who causes bodily injury or mental illness, is guilty of an 25 aggravated misdemeanor. 26 4. Any other assault, as defined in section 708.1 , committed 27 against a peace officer, jailer, correctional staff, member 28 or employee of the board of parole, health care provider, 29 employee of the department of human services, employee of the 30 department of revenue, civilian employee of a law enforcement 31 agency, civilian employee of a fire department, or fire 32 fighter, whether paid or volunteer, by a person who knows 33 that the person against whom the assault is committed is a 34 peace officer, jailer, correctional staff, member or employee 35 -15- SF342.1777 (1) 89 cm/rh 15/ 29

of the board of parole, health care provider, employee of 1 the department of human services, employee of the department 2 of revenue, civilian employee of a law enforcement agency, 3 civilian employee of a fire department, or fire fighter, is a 4 serious misdemeanor. 5 Sec. 21. Section 708.7, subsection 2, paragraph a, Code 6 2021, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (4) Harassment that occurs against 8 another person who is lawfully in a place of public 9 accommodation as defined in section 216.2. 10 Sec. 22. Section 716.4, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. Criminal mischief is criminal mischief in the second 13 degree if the any of the following apply: 14 a. The cost of replacing, repairing, or restoring the 15 property that is damaged, defaced, altered, or destroyed 16 exceeds one thousand five hundred dollars but does not exceed 17 ten thousand dollars. 18 b. The acts damaged, defaced, altered, or destroyed any 19 publicly owned property, including a monument or statue. In 20 addition to any sentence imposed for a violation of this 21 paragraph, the court shall include an order of restitution 22 for any property damage or loss incurred as a result of the 23 offense. 24 Sec. 23. Section 723.4, Code 2021, is amended by striking 25 the section and inserting in lieu thereof the following: 26 723.4 Disorderly conduct. 27 1. A person commits a simple misdemeanor when the person 28 does any of the following: 29 a. Engages in fighting or violent behavior in any public 30 place or in or near any lawful assembly of persons, provided, 31 that participants in athletic contests may engage in such 32 conduct which is reasonably related to that sport. 33 b. Makes loud and raucous noise in the vicinity of any 34 residence or public building which intentionally or recklessly 35 -16- SF342.1777 (1) 89 cm/rh 16/ 29

causes unreasonable distress to the occupants thereof. 1 c. Directs abusive epithets or makes any threatening gesture 2 which the person knows or reasonably should know is likely to 3 provoke a violent reaction by another. 4 d. Without lawful authority or color of authority, the 5 person disturbs any lawful assembly or meeting of persons by 6 conduct intended to disrupt the meeting or assembly. 7 e. By words or action, initiates or circulates a report or 8 warning of fire, epidemic, or other catastrophe, knowing such 9 report to be false or such warning to be baseless. 10 f. (1) Knowingly and publicly uses the flag of the United 11 States in such a manner as to show disrespect for the flag as 12 a symbol of the United States, with the intent or reasonable 13 expectation that such use will provoke or encourage another to 14 commit trespass or assault. 15 (2) As used in this paragraph: 16 (a) “Deface” means to intentionally mar the external 17 appearance. 18 (b) “Defile” means to intentionally make physically unclean. 19 (c) “Flag” means a piece of woven cloth or other material 20 designed to be flown from a pole or mast. 21 (d) “Mutilate” means to intentionally cut up or alter so as 22 to make imperfect. 23 (e) “Show disrespect” means to deface, defile, mutilate, or 24 trample. 25 (f) “Trample” means to intentionally tread upon or 26 intentionally cause a machine, vehicle, or animal to tread 27 upon. 28 (3) This paragraph does not apply to a flag retirement 29 ceremony conducted pursuant to federal law. 30 2. A person commits a serious misdemeanor when the person, 31 without lawful authority or color of authority, obstructs any 32 street, sidewalk, highway, or other public way, with the intent 33 to prevent or hinder its lawful use by others. 34 3. A person commits an aggravated misdemeanor when the 35 -17- SF342.1777 (1) 89 cm/rh 17/ 29

person commits disorderly conduct as described in subsection 2 1 and does any of the following: 2 a. Obstructs or attempts to obstruct a fully 3 controlled-access facility on a highway, street, or road in 4 which the speed restriction is controlled by section 321.285, 5 subsection 3, or section 321.285, subsection 5. 6 b. Commits property damage. 7 c. Is present during an unlawful assembly as defined in 8 section 723.2. 9 4. A person commits a class “D” felony when the person 10 commits disorderly conduct as described in subsection 2 and 11 does any of the following: 12 a. Is present during a riot as defined in section 723.1. 13 b. Causes bodily injury. 14 5. A person commits a class “C” felony when the person 15 commits disorderly conduct as described in subsection 2 and the 16 person causes serious bodily injury or death. 17 DIVISION IX 18 ENFORCEMENT OF LAWS 19 Sec. 24. NEW SECTION . 27B.1 Definitions. 20 1. “Local entity” means the governing body of a city or 21 county. “Local entity” includes an officer or employee of a 22 local entity or a division, department, or other body that is 23 part of a local entity, including but not limited to a sheriff, 24 police department, city attorney, or county attorney. 25 2. “Policy” includes a rule, procedure, regulation, order, 26 ordinance, motion, resolution, or amendment, whether formal and 27 written or informal and unwritten. 28 Sec. 25. NEW SECTION . 27B.2 Restriction on enforcement of 29 state, local, and municipal law prohibited. 30 A local entity or law enforcement department shall not 31 adopt or enforce a policy or take any other action under which 32 the local entity or law enforcement department prohibits or 33 discourages the enforcement of state, local, or municipal laws. 34 Sec. 26. NEW SECTION . 27B.3 Discrimination prohibited. 35 -18- SF342.1777 (1) 89 cm/rh 18/ 29

A local entity or a person employed by or otherwise under the 1 direction or control of a local entity shall not consider race, 2 skin color, language spoken, or national origin while enforcing 3 state, local, and municipal laws except to the extent permitted 4 by the Constitution of the United States or the Constitution of 5 the State of Iowa. 6 Sec. 27. NEW SECTION . 27B.4 Complaints —— notification —— 7 civil action. 8 1. Any person may file a complaint with the attorney general 9 alleging that a local entity has violated or is violating 10 this chapter if the person offers evidence to support such an 11 allegation. The person shall include with the complaint any 12 evidence the person has in support of the complaint. 13 2. A local entity for which the attorney general has 14 received a complaint pursuant to this section shall comply 15 with any document requests, including a request for supporting 16 documents, from the attorney general relating to the complaint. 17 3. A complaint filed pursuant to subsection 1 shall not be 18 valid unless the attorney general determines that a violation 19 of this chapter by a local entity was intentional. 20 4. If the attorney general determines that a complaint filed 21 pursuant to this section against a local entity is valid, the 22 attorney general, not later than ten days after the date of 23 such a determination, shall provide written notification to the 24 local entity by certified mail, with return receipt requested, 25 stating all of the following: 26 a. A complaint pursuant to this section has been filed and 27 the grounds for the complaint. 28 b. The attorney general has determined that the complaint is 29 valid. 30 c. The attorney general is authorized to file a civil 31 action in district court pursuant to subsection 6 to enjoin a 32 violation of this chapter no later than forty days after the 33 date on which the notification is received if the local entity 34 does not come into compliance with the requirements of this 35 -19- SF342.1777 (1) 89 cm/rh 19/ 29