HF 558 (LSB 1588HV (1) 86)

HOUSE FILE 558

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 157)

A BILL FOR

An Act relating to disruptive and disorderly conduct by creating a civil action for disruptive conduct at services for deceased military service members, making changes to disorderly conduct offenses, and including remedies and penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 723.4, subsection 6, paragraph a, Code 2015, is amended to read as follows:
   a.  Knowingly and publicly uses the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, or of the state of Iowa with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.
    Sec. 2.  Section 723.4, subsection 6, paragraph b, Code 2015, is amended by striking the paragraph.
    Sec. 3.  Section 723.5, subsection 1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   A person shall not do any of the following within five hundred one thousand feet of the building or other location where a funeral or memorial service is being conducted, or within five hundred one thousand feet of a funeral procession or burial:
    Sec. 4.  Section 723.5, subsection 1, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Knowingly and publicly use the flag of the United States, the flag of the state of Iowa, a flag of a military unit or division of the armed forces of the United States or of the state military forces, or a flag recognizing prisoners of war, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault. For the purposes of this paragraph, “flag of the United States” includes all previous flags of the United States.
    Sec. 5.  Section 723.5, subsection 3, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   A person who commits a violation of this section subsection 1, paragraphs “a” through “c” commits:
    Sec. 6.  Section 723.5, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person who commits a violation of subsection 1, paragraph “d”, commits a class “D” felony.
    Sec. 7.  NEW SECTION.  723.6  Civil liability for infliction of emotional distress at services for deceased military service members.
   1.  For the purposes of this section:
   a.  “Emotional distress” means temporary or permanent emotional distress, emotional discomfort, embarrassment, humiliation, or grief, whether slight, moderate, or severe.
   b.  “Family member” means a parent, spouse, child, or sibling of a military service member.
   c.  “Military service member” means a member of the United States armed forces who died while serving on active duty during a time of military conflict or who died as a result of such service.
   2.  A family member of a military service member in attendance or another person in attendance at the funeral, memorial service, funeral procession, or burial of a military service member has a right of action against a person for infliction of emotional distress upon the family member or other person in attendance.
   3.  A person commits infliction of emotional distress upon the family member or other person in attendance if the person intentionally or knowingly engages in disruptive conduct within one thousand feet of the building or other location where a funeral or memorial service for the military service member is being conducted, or within one thousand feet of a funeral procession for or burial of a military service member, with the purpose or effect of causing, or with reckless disregard of the probability of causing, emotional distress upon the family member or other person.
   4.  a.  Liquidated damages for infliction of emotional distress upon a family member shall be ten thousand dollars for each plaintiff who is a family member, and recoverable damages shall include reasonable attorney fees.
   b.  Liquidated damages for infliction of emotional distress upon any other person in attendance shall be five thousand dollars for each plaintiff who is not a family member, and recoverable damages shall include reasonable attorney fees.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to disruptive and disorderly conduct. The bill creates a civil right of action for certain persons affected by certain disruptive conduct and makes changes to disorderly conduct offenses.
   Under current law, it is a simple misdemeanor (disorderly conduct) to knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault. Current law defines showing disrespect as defacing, defiling, mutilating, or trampling the flag. The bill extends this offense to include the flag of the State of Iowa, but removes the element of the offense related to showing disrespect for the flag as a symbol of the United States. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   Current law also includes offenses for disorderly conduct occurring in proximity to a funeral or memorial service. The bill changes the distance restriction from 500 feet to 1,000 feet. The bill also establishes a new offense within that category of disorderly conduct for knowingly and publicly using the flag of the United States, of the state of Iowa, or of a military unit or division of the armed forces of the United States or of the state military forces, or a flag recognizing prisoners of war, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault. The bill provides that the term “flag of the United States” includes all previous flags of the United States for the purposes of this offense. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill also creates a civil action for infliction of emotional distress. A person commits infliction of emotional distress upon a family member of a military service member or another attendee if the person intentionally or knowingly engages in disruptive conduct within 1,000 feet of the building or other location where a funeral or memorial service is being conducted, or within 1,000 feet of a funeral procession or burial for a military service member with the purpose or effect of causing, or with reckless disregard of the probability of causing, emotional distress to the family of a military service member or another attendee at the funeral, memorial service, funeral procession, or burial of a military service member. The bill provides definitions for the terms emotional distress, family member, and military service member.
   The bill provides that liquidated damages for infliction of emotional distress upon a family member of a military service member or another attendee shall be $10,000 for each plaintiff who is a family member and $5,000 for each plaintiff who is not a family member. The bill also provides that damages shall include reasonable attorney fees.