Senate File 342 H-1343 Amend the House amendment, H-1342, to Senate File 342, as 1 passed by the Senate, as follows: 2 1. By striking page 1, line 1, through page 29, line 25, and 3 inserting: 4 < Amend Senate File 342, as passed by the Senate, as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < DIVISION I 8 PUBLIC RECORDS —— CONFIDENTIALITY —— CIVIL ENFORCEMENT 9 Section 1. Section 9E.1, Code 2021, is amended to read as 10 follows: 11 9E.1 Purpose. 12 The general assembly finds that individuals attempting to 13 escape from actual or threatened domestic abuse, domestic 14 abuse assault, sexual abuse, assault, stalking, or human 15 trafficking frequently establish new addresses in order to 16 prevent their assailants or probable assailants from finding 17 them. The purpose of this chapter is to enable state and local 18 agencies to respond to requests for data without disclosing 19 the location of a victim of domestic abuse, domestic abuse 20 assault, sexual abuse, assault, stalking, or human trafficking; 21 to enable interagency cooperation with the secretary of state 22 in providing address confidentiality for victims of domestic 23 abuse, domestic abuse assault, sexual abuse, assault, stalking, 24 or human trafficking; and to enable program participants to use 25 an address designated by the secretary of state as a substitute 26 mailing address for the purposes specified in this chapter . 27 In addition, the purpose of this chapter is to prevent such 28 victims from being physically located through a public records 29 search. 30 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 31 is amended to read as follows: 32 a. “Eligible person” means a person who is all a resident of 33 this state, an adult, a minor, or an incapacitated person as 34 defined in section 633.701, and is one of the following: 35 -1- H1342.1780 (2) 89 cm/rh 1/ 33 #1.

(1) A resident of this state. 1 (2) An adult, a minor, or an incapacitated person as defined 2 in section 633.701 . 3 (3) A victim of domestic abuse, domestic abuse assault, 4 sexual abuse, assault, stalking, or human trafficking as 5 evidenced by the filing of a petition pursuant to section 236.3 6 or a criminal complaint or information pursuant to section 7 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 8 in chapter 709 . 9 (2) A currently active or retired state or local judicial 10 officer, as defined in section 4.1, a federal judge, or a 11 spouse or child of such a person. 12 (3) A currently active or retired state or local prosecuting 13 attorney, as defined in section 801.4, or a spouse or child of 14 such a person. 15 (4) A currently active or retired peace officer, as defined 16 in section 801.4, civilian employee of a law enforcement 17 agency, or a spouse or child of such a person. 18 Sec. 3. Section 9E.3, subsection 1, paragraph b, 19 subparagraph (1), subparagraph division (a), Code 2021, is 20 amended to read as follows: 21 (a) The eligible person listed on the application is a 22 victim of domestic abuse, domestic abuse assault, sexual abuse, 23 assault, stalking, or human trafficking. 24 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 25 is amended to read as follows: 26 e. The residential address of the eligible person, 27 disclosure of which could lead to an increased risk of domestic 28 abuse, domestic abuse assault, sexual abuse, assault, stalking, 29 or human trafficking. 30 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 4A. Upon request by a program participant, 33 the assessor or the assessor’s staff shall redact the 34 requestor’s name contained in electronic documents that 35 -2- H1342.1780 (2) 89 cm/rh 2/ 33

are displayed for public access through an internet site. 1 The assessor shall implement and maintain a process to 2 facilitate these requests. A fee shall not be charged for the 3 administration of this paragraph. 4 Sec. 6. Section 22.10, subsection 3, paragraph b, 5 subparagraph (2), Code 2021, is amended to read as follows: 6 (2) Had good reason to believe and in good faith believed 7 facts which, if true, would have indicated compliance with the 8 requirements of this chapter . It shall constitute such good 9 reason and good faith belief and a court shall not assess any 10 damages, costs, or fees under this subsection if the person 11 incorrectly balanced the right of the public to receive public 12 records against the rights and obligations of the government 13 body to maintain confidential records as provided in section 14 22.7 under any judicially created balancing test, unless the 15 person is unable to articulate any reasonable basis for such 16 balancing. 17 Sec. 7. Section 331.604, subsection 3, Code 2021, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . f. (1) Upon request by a peace officer, 20 as defined in section 801.4, civilian employee of a law 21 enforcement agency, or state or federal judicial officer 22 or state or federal prosecutor, the county assessor or the 23 county assessor’s staff, or the county recorder or the county 24 recorder’s staff, shall redact the requestor’s name contained 25 in electronic documents that are displayed for public access 26 through an internet site. 27 (2) Upon request by a former peace officer, as defined 28 in section 801.4, or a former civilian employee of a law 29 enforcement agency, the county assessor or the county 30 assessor’s staff, or the county recorder or the county 31 recorder’s staff, may redact, upon the presentation of evidence 32 that a compelling safety interest is served by doing so, the 33 requestor’s name contained in electronic documents that are 34 displayed for public access through an internet site. 35 -3- H1342.1780 (2) 89 cm/rh 3/ 33

(3) This paragraph does not apply to a requestor holding or 1 seeking public office. 2 (4) The county assessor and the county recorder shall 3 implement and maintain a process to facilitate requests 4 pursuant to this paragraph. 5 (5) A fee shall not be charged for the administration of 6 this paragraph. 7 DIVISION II 8 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 9 Sec. 8. Section 554.9510, subsection 1, Code 2021, is 10 amended to read as follows: 11 1. Filed record effective if authorized. A filed record 12 is effective only to the extent that it was filed by a person 13 that may file it under section 554.9509 or by the filing office 14 under section 554.9513A . 15 Sec. 9. NEW SECTION . 554.9513A Termination of wrongfully 16 filed financing statement —— reinstatement. 17 1. Trusted filer. “Trusted filer” means a person that does 18 any of the following: 19 a. Regularly causes records to be communicated to the 20 filing office for filing and has provided the filing office 21 with current contact information and information sufficient to 22 establish the person’s identity. 23 b. Satisfies either of the following conditions: 24 (1) The filing office has issued the person credentials for 25 access to online filing services. 26 (2) The person has established a prepaid or direct debit 27 account for payment of filing fees, regardless of whether the 28 account is used in a particular transaction. 29 2. Affidavit of wrongful filing. A person identified as 30 debtor in a filed financing statement may deliver to the 31 filing office a notarized, sworn affidavit that identifies the 32 financing statement by file number, indicates the affiant’s 33 mailing address, and states that the affiant believes that 34 the filed record identifying the affiant as debtor was not 35 -4- H1342.1780 (2) 89 cm/rh 4/ 33

authorized to be filed and was caused to be communicated to the 1 filing office with the intent to harass or defraud the affiant. 2 The filing office may reject an affidavit that is incomplete or 3 that it believes was delivered to it with the intent to harass 4 or defraud the secured party. The office of the secretary 5 of state shall adopt a form of affidavit for use under this 6 section. 7 3. Termination statement by filing office. Subject to 8 subsection 11, if an affidavit is delivered to the filing 9 office under subsection 2, the filing office shall promptly 10 file a termination statement with respect to the financing 11 statement identified in the affidavit. The termination 12 statement must identify by its file number the initial 13 financing statement to which it relates and must indicate that 14 it was filed pursuant to this section. A termination statement 15 filed under this subsection is not effective until ninety days 16 after it is filed. 17 4. No fee charged or refunded. The filing office shall not 18 charge a fee for the filing of an affidavit under subsection 19 2 or a termination statement under subsection 3. The filing 20 office shall not return any fee paid for filing the financing 21 statement identified in the affidavit, whether or not the 22 financing statement is reinstated under subsection 7. 23 5. Notice of termination statement. On the same day that a 24 filing office files a termination statement under subsection 25 3, the filing office shall send to the secured party of record 26 for the financing statement to which the termination statement 27 relates a notice stating that the termination statement 28 has been filed and will become effective ninety days after 29 filing. The notice shall be sent by certified mail, return 30 receipt requested, to the address provided for the secured 31 party of record in the financing statement with a copy sent by 32 electronic mail to the electronic mail address provided by the 33 secured party of record, if any. 34 6. Administrative review —— action for reinstatement. A 35 -5- H1342.1780 (2) 89 cm/rh 5/ 33

secured party that believes in good faith that the filed record 1 identified in an affidavit delivered to the filing office under 2 subsection 2 was authorized to be filed and was not caused to 3 be communicated to the filing office with the intent to harass 4 or defraud the affiant may: 5 a. Before the termination statement takes effect, request 6 that the filing office conduct an expedited review of the 7 filed record and any documentation provided by the secured 8 party. The filing office may as a result of this review remove 9 from the record the termination statement filed by it under 10 subsection 3 before the termination statement takes effect and 11 conduct an administrative review under subsection 11. 12 b. File an action against the filing office seeking 13 reinstatement of the financing statement to which the filed 14 record relates at any time before the expiration of six months 15 after the date on which the termination statement filed under 16 subsection 3 becomes effective. If the affiant is not named as 17 a defendant in the action, the secured party shall send a copy 18 of the petition to the affiant at the address indicated in the 19 affidavit. The exclusive venue for the action shall be in the 20 district court for the county where the filing office in which 21 the financing statement was filed is located. The action shall 22 be considered by the court on an expedited basis. 23 7. Filing office to file notice of action for 24 reinstatement. Within ten days after being served with process 25 in an action under subsection 6, the filing office shall file 26 a notice indicating that the action has been commenced. The 27 notice must indicate the file number of the initial financing 28 statement to which the notice relates. 29 8. Action for reinstatement successful. If, in an action 30 under subsection 6, the court determines that the financing 31 statement was authorized to be filed and was not caused to be 32 communicated to the filing office with the intent to harass or 33 defraud the affiant, the court shall order that the financing 34 statement be reinstated. If an order of reinstatement is 35 -6- H1342.1780 (2) 89 cm/rh 6/ 33

issued by the court, the filing office shall promptly file a 1 record that identifies by its file number the initial financing 2 statement to which the record relates and indicates that the 3 financing statement has been reinstated. 4 9. Effect of reinstatement. Upon the filing of a record 5 reinstating a financing statement under subsection 8, the 6 effectiveness of the financing statement is reinstated and the 7 financing statement shall be considered never to have been 8 terminated under this section except as against a purchaser of 9 the collateral that gives value in reasonable reliance upon 10 the termination. A continuation statement filed as provided 11 in section 554.9515, subsection 4, after the effective date of 12 a termination statement filed under subsection 3 or 11 becomes 13 effective if the financing statement is reinstated. 14 10. Liability for wrongful filing. If, in an action under 15 subsection 6, the court determines that the filed record 16 identified in an affidavit delivered to the filing office under 17 subsection 2 was caused to be communicated to the filing office 18 with the intent to harass or defraud the affiant, the filing 19 office and the affiant may recover from the secured party that 20 filed the action the costs and expenses, including reasonable 21 attorney fees and the reasonable allocated costs of internal 22 counsel, that the filing office and the affiant incurred in the 23 action. This recovery is in addition to any recovery to which 24 the affiant is entitled under section 554.9625. 25 11. Procedure for record filed by trusted filer. If an 26 affidavit delivered to a filing office under subsection 2 27 relates to a filed record communicated to the filing office by 28 a trusted filer, the filing office shall promptly send to the 29 secured party of record a notice stating that the affidavit has 30 been delivered to the filing office and that the filing office 31 is conducting an administrative review to determine whether the 32 record was caused to be communicated with the intent to harass 33 or defraud the affiant. The notice shall be sent by certified 34 mail, return receipt requested, to the address provided for 35 -7- H1342.1780 (2) 89 cm/rh 7/ 33

the secured party in the financing statement with a copy sent 1 by electronic mail to the electronic mail address provided 2 by the secured party of record, if any, and a copy shall be 3 sent in the same manner to the affiant. The administrative 4 review shall be conducted on an expedited basis and the filing 5 office may require the affiant and the secured party of record 6 to provide any additional information that the filing office 7 deems appropriate. If the filing office concludes that the 8 record was caused to be communicated with the intent to harass 9 or defraud the affiant, the filing office shall promptly file a 10 termination statement under subsection 2 that will be effective 11 immediately and send to the secured party of record the notice 12 required by subsection 5. The secured party may thereafter 13 file an action for reinstatement under subsection 6 and the 14 provisions of subsections 7 through 10 are applicable. 15 Sec. 10. NEW SECTION . 714.29 Records filed with intent to 16 harass or defraud. 17 1. A person shall not cause to be communicated to the filing 18 office as defined in section 554.9102 for filing a record if 19 all of the following are true: 20 a. The person is not authorized to file the record under 21 section 554.9509. 22 b. The record is not related to an existing or anticipated 23 transaction that is or will be governed by chapter 554, article 24 9. 25 c. The record is filed with the intent to harass or defraud 26 the person identified as debtor in the record. 27 2. A person that violates subsection 1 is guilty of a simple 28 misdemeanor for a first offense and a serious misdemeanor for a 29 second or subsequent offense. 30 DIVISION III 31 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 32 Sec. 11. NEW SECTION . 70A.23A Credit for accrued sick leave 33 —— retired public safety employees. 34 A public safety employee, as defined in section 20.3, 35 -8- H1342.1780 (2) 89 cm/rh 8/ 33

subsection 11, who retires and has applied for retirement 1 benefits under an eligible retirement system, shall receive 2 credit for all accumulated, unused sick leave which shall be 3 converted at current value and credited to an account for the 4 public safety employee for the purpose of paying the public 5 safety employee’s cost of the monthly premiums for continuance 6 of the public safety employee’s health insurance plan. Upon 7 the death of a retired public safety employee, the surviving 8 spouse or dependents shall be entitled to the value of the 9 accumulated unused sick leave for the purpose of paying the 10 cost of monthly premiums for continuation of a public safety 11 employee’s health insurance policy for the public safety 12 employee’s surviving spouse or dependents. This section 13 shall not apply to a public safety employee covered under a 14 collective bargaining agreement which provides for an employer 15 paid retirement health savings plan. 16 DIVISION IV 17 WORKERS’ COMPENSATION —— ACTIONS AND OFFSETS 18 Sec. 12. Section 97A.6, subsection 11, Code 2021, is amended 19 to read as follows: 20 11. Pensions offset by compensation benefits. 21 a. Any amounts which may be paid or payable by the state 22 under the provisions of any workers’ compensation or similar 23 law to a member or to the dependents of a member on account of 24 any disability or death, shall be offset against and payable 25 in lieu of any benefits payable out of the retirement fund 26 provided by the state under the provisions of this chapter on 27 account of the same disability or death. In case the present 28 value of the total commuted benefits under said workers’ 29 compensation or similar law is less than the present value 30 of the benefits otherwise payable from the retirement fund 31 provided by the state under this chapter , then the present 32 value of the commuted payments shall be deducted from the 33 pension payable and such benefits as may be provided by the 34 system so reduced shall be payable under the provisions of this 35 -9- H1342.1780 (2) 89 cm/rh 9/ 33

chapter . 1 b. Notwithstanding paragraph “a” , any workers’ compensation 2 benefits received by a member for past medical expenses or 3 future medical expenses shall not be offset against and not 4 considered payable in lieu of any retirement allowance payable 5 pursuant to this section on account of the same disability. 6 c. Notwithstanding paragraph “a” , any workers’ compensation 7 benefits received by a member for reimbursement of vacation 8 time used, sick time used, or for any unpaid time off from work 9 shall not be offset against and not considered payable in lieu 10 of any retirement allowance payable pursuant to this section on 11 account of the same disability. 12 Sec. 13. Section 97B.50A, subsection 5, Code 2021, is 13 amended to read as follows: 14 5. Offset to allowance. 15 a. Notwithstanding any provisions to the contrary in state 16 law, or any applicable contract or policy, any amounts which 17 may be paid or payable by the employer under any workers’ 18 compensation, unemployment compensation, employer-paid 19 disability plan, program, or policy, or other law to a member, 20 and any disability payments the member receives pursuant to 21 the federal Social Security Act, 42 U.S.C. §423 et seq., 22 shall be offset against and payable in lieu of any retirement 23 allowance payable pursuant to this section on account of the 24 same disability. 25 b. Notwithstanding paragraph “a” , any workers’ compensation 26 benefits received by a member for past medical expenses or 27 future medical expenses shall not be offset against and not 28 considered payable in lieu of any retirement allowance payable 29 pursuant to this section on account of the same disability. 30 c. Notwithstanding paragraph “a” , any workers’ compensation 31 benefits received by a member for reimbursement of vacation 32 time used, sick time used, or for any unpaid time off from work 33 shall not be offset against and not considered payable in lieu 34 of any retirement allowance payable pursuant to this section on 35 -10- H1342.1780 (2) 89 cm/rh 10/ 33

account of the same disability. 1 DIVISION V 2 CIVIL SERVICE COMMISSION EXAMINATIONS 3 Sec. 14. Section 400.8, subsection 2, Code 2021, is amended 4 to read as follows: 5 2. The commission shall establish the guidelines for 6 conducting the examinations under subsection 1 of this section . 7 It may prepare and administer the examinations or may The 8 commission shall hire persons with expertise to do so if the 9 commission approves the examinations prepare and administer 10 the examinations approved by the commission . It may also 11 hire persons with expertise to consult in the preparation of 12 such examinations if the persons so hired are employed to aid 13 personnel of the commission in assuring that a fair examination 14 is conducted. A fair examination shall explore the competence 15 of the applicant in the particular field of examination. 16 Sec. 15. Section 400.9, subsection 2, Code 2021, is amended 17 to read as follows: 18 2. The commission shall establish guidelines for conducting 19 the examinations under subsection 1 . It may prepare and 20 administer the examinations or may The commission shall hire 21 persons with expertise to do so if the commission approves 22 the examinations and if the examinations apply to prepare and 23 administer the examinations approved by the commission for 24 the position in the city for which the applicant is taking 25 the examination. It may also hire persons with expertise to 26 consult in the preparation of such examinations if the persons 27 so hired are employed to aid personnel of the commission 28 in assuring that a fair examination is conducted. A fair 29 examination shall explore the competence of the applicant in 30 the particular field of examination. The names of persons 31 approved to administer any examination under this section shall 32 be posted in the city hall at least twenty-four hours prior to 33 the examination. 34 DIVISION VI 35 -11- H1342.1780 (2) 89 cm/rh 11/ 33

LAW ENFORCEMENT —— ELUDING LAW ENFORCEMENT —— CARRYING FIREARMS 1 Sec. 16. Section 321.279, Code 2021, is amended to read as 2 follows: 3 321.279 Eluding or attempting to elude pursuing law 4 enforcement vehicle. 5 1. a. The driver of a motor vehicle commits a serious 6 misdemeanor if the driver willfully fails to bring the motor 7 vehicle to a stop or otherwise eludes or attempts to elude a 8 marked or unmarked official law enforcement vehicle driven by a 9 uniformed peace officer after being given a visual and audible 10 signal to stop. The signal given by the peace officer shall 11 be by flashing red light, or by flashing red and blue lights, 12 and siren. For purposes of this section , “peace officer” means 13 those officers designated under section 801.4, subsection 11 , 14 paragraphs “a” , “b” , “c” , “f” , “g” , and “h” . 15 b. The driver of a motor vehicle who commits a second or 16 subsequent violation under this subsection is, upon conviction, 17 guilty of an aggravated misdemeanor. 18 2. a. The driver of a motor vehicle commits an aggravated 19 misdemeanor if the driver willfully fails to bring the motor 20 vehicle to a stop or otherwise eludes or attempts to elude a 21 marked or unmarked official law enforcement vehicle that is 22 driven by a uniformed peace officer after being given a visual 23 and audible signal as provided in this section and in doing so 24 exceeds the speed limit by twenty-five miles per hour or more. 25 b. The driver of a motor vehicle who commits a violation 26 under this subsection and who has previously committed a 27 violation under this subsection or subsection 3 is, upon 28 conviction, guilty of a class “D” felony. 29 3. a. The driver of a motor vehicle commits a class “D” 30 felony if the driver willfully fails to bring the motor vehicle 31 to a stop or otherwise eludes or attempts to elude a marked or 32 unmarked official law enforcement vehicle that is driven by a 33 uniformed peace officer after being given a visual and audible 34 signal as provided in this section , and in doing so exceeds the 35 -12- H1342.1780 (2) 89 cm/rh 12/ 33

speed limit by twenty-five miles per hour or more, and if any 1 of the following occurs: 2 (1) The driver is participating in a public offense, as 3 defined in section 702.13 , that is a felony. 4 (2) The driver is in violation of section 321J.2 . 5 (3) The driver is in violation of section 124.401 . 6 (4) The offense results in bodily injury to a person other 7 than the driver. 8 b. The driver of a motor vehicle who commits a second or 9 subsequent violation under this subsection is, upon conviction, 10 guilty of a class “C” felony. 11 Sec. 17. NEW SECTION . 724.4D Authority to carry firearm 12 —— peace officers. 13 A peace officer shall not be prohibited from carrying a 14 firearm while engaged in the performance of official duties. 15 Sec. 18. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION VII 18 ASSAULTS INVOLVING LASERS 19 Sec. 19. Section 708.1, subsection 2, Code 2021, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . d. (1) Intentionally points a laser 22 emitting a visible light beam at another person with the intent 23 to cause pain or injury to another. For purposes of this 24 paragraph, “laser” means a device that emits a visible light 25 beam amplified by the stimulated emission of radiation and any 26 light which simulates the appearance of a laser. 27 (2) This paragraph does not apply to any of the following: 28 (a) A law enforcement officer who uses a laser in 29 discharging or attempting to discharge the officer’s official 30 duties. 31 (b) A health care professional who uses a laser in providing 32 services within the scope of practice of that professional or 33 any other person who is licensed or authorized by law to use a 34 laser or who uses a laser in the performance of the person’s 35 -13- H1342.1780 (2) 89 cm/rh 13/ 33

official duties. 1 (c) A person who uses a laser to play laser tag, paintball, 2 and other similar games using light-emitting diode technology. 3 Sec. 20. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 DIVISION VIII 6 ASSAULT —— HARASSMENT —— CRIMINAL MISCHIEF —— DISORDERLY 7 CONDUCT 8 Sec. 21. Section 321.366, subsection 1, Code 2021, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . g. Operate a bicycle, skateboard, or other 11 pedestrian conveyance or be a pedestrian anywhere on a fully 12 controlled-access facility. For purposes of this paragraph, 13 “pedestrian conveyance” means any human-powered device by which 14 a pedestrian may move other than by walking or by which a 15 walking person may move another pedestrian, including but not 16 limited to strollers and wheelchairs. 17 Sec. 22. Section 708.3A, subsections 1, 2, 3, and 4, Code 18 2021, are amended to read as follows: 19 1. A person who commits an assault, as defined in section 20 708.1 , against a peace officer, jailer, correctional staff, 21 member or employee of the board of parole, health care 22 provider, employee of the department of human services, 23 employee of the department of revenue, civilian employee of a 24 law enforcement agency, civilian employee of a fire department, 25 or fire fighter, whether paid or volunteer, with the knowledge 26 that the person against whom the assault is committed is a 27 peace officer, jailer, correctional staff, member or employee 28 of the board of parole, health care provider, employee of 29 the department of human services, employee of the department 30 of revenue, civilian employee of a law enforcement agency, 31 civilian employee of a fire department, or fire fighter and 32 with the intent to inflict a serious injury upon the peace 33 officer, jailer, correctional staff, member or employee of 34 the board of parole, health care provider, employee of the 35 -14- H1342.1780 (2) 89 cm/rh 14/ 33

department of human services, employee of the department 1 of revenue, civilian employee of a law enforcement agency, 2 civilian employee of a fire department, or fire fighter, is 3 guilty of a class “D” felony. 4 2. A person who commits an assault, as defined in section 5 708.1 , against a peace officer, jailer, correctional staff, 6 member or employee of the board of parole, health care 7 provider, employee of the department of human services, 8 employee of the department of revenue, civilian employee of a 9 law enforcement agency, civilian employee of a fire department, 10 or fire fighter, whether paid or volunteer, who knows that 11 the person against whom the assault is committed is a peace 12 officer, jailer, correctional staff, member or employee of 13 the board of parole, health care provider, employee of the 14 department of human services, employee of the department 15 of revenue, civilian employee of a law enforcement agency, 16 civilian employee of a fire department, or fire fighter and 17 who uses or displays a dangerous weapon in connection with the 18 assault, is guilty of a class “D” felony. 19 3. A person who commits an assault, as defined in section 20 708.1 , against a peace officer, jailer, correctional staff, 21 member or employee of the board of parole, health care 22 provider, employee of the department of human services, 23 employee of the department of revenue, civilian employee of a 24 law enforcement agency, civilian employee of a fire department, 25 or fire fighter, whether paid or volunteer, who knows that 26 the person against whom the assault is committed is a peace 27 officer, jailer, correctional staff, member or employee of 28 the board of parole, health care provider, employee of the 29 department of human services, employee of the department 30 of revenue, civilian employee of a law enforcement agency, 31 civilian employee of a fire department, or fire fighter, and 32 who causes bodily injury or mental illness, is guilty of an 33 aggravated misdemeanor. 34 4. Any other assault, as defined in section 708.1 , committed 35 -15- H1342.1780 (2) 89 cm/rh 15/ 33

against a peace officer, jailer, correctional staff, member 1 or employee of the board of parole, health care provider, 2 employee of the department of human services, employee of the 3 department of revenue, civilian employee of a law enforcement 4 agency, civilian employee of a fire department, or fire 5 fighter, whether paid or volunteer, by a person who knows 6 that the person against whom the assault is committed is a 7 peace officer, jailer, correctional staff, member or employee 8 of the board of parole, health care provider, employee of 9 the department of human services, employee of the department 10 of revenue, civilian employee of a law enforcement agency, 11 civilian employee of a fire department, or fire fighter, is a 12 serious misdemeanor. 13 Sec. 23. Section 708.7, subsection 2, paragraph a, Code 14 2021, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (4) Harassment that occurs against 16 another person who is lawfully in a place of public 17 accommodation as defined in section 216.2. 18 Sec. 24. Section 716.4, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. Criminal mischief is criminal mischief in the second 21 degree if the any of the following apply: 22 a. The cost of replacing, repairing, or restoring the 23 property that is damaged, defaced, altered, or destroyed 24 exceeds one thousand five hundred dollars but does not exceed 25 ten thousand dollars. 26 b. The acts damaged, defaced, altered, or destroyed any 27 publicly owned property, including a monument or statue. In 28 addition to any sentence imposed for a violation of this 29 paragraph, the court shall include an order of restitution 30 for any property damage or loss incurred as a result of the 31 offense. 32 Sec. 25. Section 723.4, Code 2021, is amended by striking 33 the section and inserting in lieu thereof the following: 34 723.4 Disorderly conduct. 35 -16- H1342.1780 (2) 89 cm/rh 16/ 33

1. A person commits a simple misdemeanor when the person 1 does any of the following: 2 a. Engages in fighting or violent behavior in any public 3 place or in or near any lawful assembly of persons, provided, 4 that participants in athletic contests may engage in such 5 conduct which is reasonably related to that sport. 6 b. Makes loud and raucous noise in the vicinity of any 7 residence or public building which intentionally or recklessly 8 causes unreasonable distress to the occupants thereof. 9 c. Directs abusive epithets or makes any threatening gesture 10 which the person knows or reasonably should know is likely to 11 provoke a violent reaction by another. 12 d. Without lawful authority or color of authority, the 13 person disturbs any lawful assembly or meeting of persons by 14 conduct intended to disrupt the meeting or assembly. 15 e. By words or action, initiates or circulates a report or 16 warning of fire, epidemic, or other catastrophe, knowing such 17 report to be false or such warning to be baseless. 18 f. (1) Knowingly and publicly uses the flag of the United 19 States in such a manner as to show disrespect for the flag as 20 a symbol of the United States, with the intent or reasonable 21 expectation that such use will provoke or encourage another to 22 commit trespass or assault. 23 (2) As used in this paragraph: 24 (a) “Deface” means to intentionally mar the external 25 appearance. 26 (b) “Defile” means to intentionally make physically unclean. 27 (c) “Flag” means a piece of woven cloth or other material 28 designed to be flown from a pole or mast. 29 (d) “Mutilate” means to intentionally cut up or alter so as 30 to make imperfect. 31 (e) “Show disrespect” means to deface, defile, mutilate, or 32 trample. 33 (f) “Trample” means to intentionally tread upon or 34 intentionally cause a machine, vehicle, or animal to tread 35 -17- H1342.1780 (2) 89 cm/rh 17/ 33

upon. 1 (3) This paragraph does not apply to a flag retirement 2 ceremony conducted pursuant to federal law. 3 2. A person commits a serious misdemeanor when the person, 4 without lawful authority or color of authority, obstructs any 5 street, sidewalk, highway, or other public way, with the intent 6 to prevent or hinder its lawful use by others. 7 3. A person commits an aggravated misdemeanor when the 8 person commits disorderly conduct as described in subsection 2 9 and does any of the following: 10 a. Obstructs or attempts to obstruct a fully 11 controlled-access facility on a highway, street, or road in 12 which the speed restriction is controlled by section 321.285, 13 subsection 3, or section 321.285, subsection 5. 14 b. Commits property damage. 15 c. Is present during an unlawful assembly as defined in 16 section 723.2. 17 4. A person commits a class “D” felony when the person 18 commits disorderly conduct as described in subsection 2 and 19 does any of the following: 20 a. Is present during a riot as defined in section 723.1. 21 b. Causes bodily injury. 22 5. A person commits a class “C” felony when the person 23 commits disorderly conduct as described in subsection 2 and the 24 person causes serious bodily injury or death. 25 Sec. 26. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 DIVISION IX 28 ENFORCEMENT OF LAWS 29 Sec. 27. NEW SECTION . 27B.1 Definitions. 30 1. “Local entity” means the governing body of a city or 31 county. “Local entity” includes an officer or employee of a 32 local entity or a division, department, or other body that is 33 part of a local entity, including but not limited to a sheriff, 34 police department, city attorney, or county attorney. 35 -18- H1342.1780 (2) 89 cm/rh 18/ 33

2. “Policy” includes a rule, procedure, regulation, order, 1 ordinance, motion, resolution, or amendment, whether formal and 2 written or informal and unwritten. 3 Sec. 28. NEW SECTION . 27B.2 Restriction on enforcement of 4 state, local, and municipal law prohibited. 5 A local entity or law enforcement department shall not 6 adopt or enforce a policy or take any other action under which 7 the local entity or law enforcement department prohibits or 8 discourages the enforcement of state, local, or municipal laws. 9 Sec. 29. NEW SECTION . 27B.3 Discrimination prohibited. 10 A local entity or a person employed by or otherwise under the 11 direction or control of a local entity shall not consider race, 12 skin color, language spoken, or national origin while enforcing 13 state, local, and municipal laws except to the extent permitted 14 by the Constitution of the United States or the Constitution of 15 the State of Iowa. 16 Sec. 30. NEW SECTION . 27B.4 Complaints —— notification —— 17 civil action. 18 1. Any person may file a complaint with the attorney general 19 alleging that a local entity has violated or is violating 20 this chapter if the person offers evidence to support such an 21 allegation. The person shall include with the complaint any 22 evidence the person has in support of the complaint. 23 2. A local entity for which the attorney general has 24 received a complaint pursuant to this section shall comply 25 with any document requests, including a request for supporting 26 documents, from the attorney general relating to the complaint. 27 3. A complaint filed pursuant to subsection 1 shall not be 28 valid unless the attorney general determines that a violation 29 of this chapter by a local entity was intentional. 30 4. If the attorney general determines that a complaint filed 31 pursuant to this section against a local entity is valid, the 32 attorney general, not later than ten days after the date of 33 such a determination, shall provide written notification to the 34 local entity by certified mail, with return receipt requested, 35 -19- H1342.1780 (2) 89 cm/rh 19/ 33