House
File
2092
-
Introduced
HOUSE
FILE
2092
BY
GAYMAN
A
BILL
FOR
An
Act
modifying
the
definition
of
a
hate
crime,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2092
Section
1.
Section
729A.2,
Code
2009,
is
amended
to
read
as
1
follows:
2
729A.2
Violation
of
individual
rights
——
hate
crime.
3
1.
“Hate
crime”
means
one
of
the
following
public
offenses
4
when
committed
against
a
person
or
a
person’s
property
because
5
of
the
person’s
race,
color,
religion,
ancestry,
national
6
origin,
housing
status,
political
affiliation,
sex,
sexual
7
orientation,
age,
or
disability,
or
the
person’s
association
8
with
a
person
of
a
certain
race,
color,
religion,
ancestry,
9
national
origin,
housing
status,
political
affiliation,
sex,
10
sexual
orientation,
age,
or
disability:
11
1.
a.
Assault
in
violation
of
individual
rights
under
12
section
708.2C.
13
2.
b.
Violations
of
individual
rights
under
section
712.9.
14
3.
c.
Criminal
mischief
in
violation
of
individual
rights
15
under
section
716.6A.
16
4.
d.
Trespass
in
violation
of
individual
rights
under
17
section
716.8,
subsections
3
and
4.
18
2.
As
used
in
this
section,
“housing
status”
means
a
19
circumstance
whereby
a
person
lacks
a
fixed,
regular,
and
20
adequate
nighttime
residence
and
who
has
a
primary
nighttime
21
residence
that
is
one
of
the
following:
22
a.
A
supervised
publicly
or
privately
operated
shelter
23
designed
to
provide
temporary
living
accommodations.
24
b.
An
institution
that
provides
a
temporary
residence
for
25
persons
intended
to
be
institutionalized.
26
c.
A
public
or
private
place
not
designed
for,
or
ordinarily
27
used
as,
a
regular
sleeping
accommodation
for
human
beings.
28
EXPLANATION
29
This
bill
modifies
the
definition
of
a
hate
crime.
The
30
bill
adds
a
person’s
housing
status
to
the
list
of
reasons
31
used
to
elevate
the
penalties
for
assault
in
violation
of
32
individual
rights
under
Code
section
708.2C,
criminal
mischief
33
in
violation
of
individual
rights
under
Code
section
716.6A,
34
trespass
in
violation
of
individual
rights
under
Code
section
35
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716.8(3)
and
(4),
and
other
violations
of
individual
rights
1
under
Code
section
712.9.
2
The
bill
defines
“housing
status”
to
mean
a
circumstance
3
whereby
a
person
lacks
a
fixed,
regular,
and
adequate
nighttime
4
residence
and
who
has
a
primary
nighttime
residence
that
is
a
5
publicly
or
privately
operated
shelter,
a
temporary
residence
6
for
persons
intended
to
be
institutionalized,
or
a
public
7
or
private
place
not
designed
for,
or
ordinarily
used
as,
a
8
regular
sleeping
accommodation
for
human
beings.
9
Commission
of
a
crime
classified
as
a
hate
crime
shall
be
10
punished
as
an
offense
one
degree
higher
than
the
underlying
11
offense
under
current
provisions
and
the
bill.
12
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