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 TLSB 5689HH (3) 83 jm/rj
H.F. 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 -1- LSB 5689HH (3) 83 jm/rj 1/ 2
H.F. 2092 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 -2- LSB 5689HH (3) 83 jm/rj 2/ 2