House File 2365 - Introduced



                                HOUSE FILE       
                                BY  COMMITTEE ON VETERANS AFFAIRS

                                (SUCCESSOR TO HF 2132)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to committing disorderly conduct near a military
  2    funeral, memorial service, funeral procession, or burial, and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5529HV 81
  6 jm/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  723.5  DISORDERLY CONDUCT ==
  1  2 MILITARY FUNERAL OR MEMORIAL SERVICE.
  1  3    1.  A person shall not do any of the following within three
  1  4 hundred feet of the building or other location where a
  1  5 military funeral or memorial service is being conducted, or
  1  6 within three hundred feet of a military funeral procession or
  1  7 burial:
  1  8    a.  Make loud and raucous noise which causes unreasonable
  1  9 distress to the persons attending the funeral or memorial
  1 10 service, or participating in the funeral procession.
  1 11    b.  Direct abusive epithets or make any threatening gesture
  1 12 which the person knows or reasonably should know is likely to
  1 13 provoke a violent reaction by another.
  1 14    c.  Disturb or disrupt the funeral, memorial service,
  1 15 funeral procession, or burial by conduct intended to disturb
  1 16 or disrupt the funeral, memorial service, funeral procession,
  1 17 or burial.
  1 18    2.  This section applies to conduct within thirty minutes
  1 19 preceding, during, and within thirty minutes after a military
  1 20 funeral, memorial service, funeral procession, or burial.
  1 21    3.  A person who commits a violation of this section
  1 22 commits:
  1 23    a.  A simple misdemeanor for a first offense.
  1 24    b.  A serious misdemeanor for a second offense.
  1 25    c.  A class "D" felony for a third or subsequent offense.
  1 26                           EXPLANATION
  1 27    This bill relates to committing disorderly conduct near a
  1 28 military funeral, memorial service, funeral procession, or
  1 29 burial.
  1 30    The bill prohibits a person from making loud and raucous
  1 31 noise, directing abusive epithets or making threatening
  1 32 gestures, or disturbing or disrupting a military funeral,
  1 33 memorial service, funeral procession, or burial.
  1 34    The bill applies to conduct within 30 minutes preceding,
  1 35 during, and 30 minutes after a military funeral, memorial
  2  1 service, funeral procession, or burial.
  2  2    Under the bill, a person commits a simple misdemeanor for a
  2  3 first offense, a serious misdemeanor for a second offense, and
  2  4 a class "D" felony for a third or subsequent offense.
  2  5    A simple misdemeanor is punishable by confinement for no
  2  6 more than 30 days or a fine of at least $50 but not more than
  2  7 $500 or by both.  A serious misdemeanor is punishable by
  2  8 confinement for no more than one year and a fine of at least
  2  9 $250 but not more than $1,500.  A class "D" felony is
  2 10 punishable by confinement for no more than five years and a
  2 11 fine of at least $750 but not more than $7,500.
  2 12 LSB 5529HV 81
  2 13 jm:nh/sh/8