House Study Bill 157 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to disruptive and disorderly conduct by 1 creating a civil action for disruptive conduct at services 2 for deceased military service members, making changes to 3 disorderly conduct offenses, and including remedies and 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1588YC (7) 86 aw/rj

H.F. _____ Section 1. Section 723.4, subsection 6, paragraph a, Code 1 2015, is amended to read as follows: 2 a. Knowingly and publicly uses the flag of the United States 3 in such a manner as to show disrespect for the flag as a symbol 4 of the United States, or of the state of Iowa with the intent or 5 reasonable expectation that such use will provoke or encourage 6 another to commit trespass or assault. 7 Sec. 2. Section 723.4, subsection 6, paragraph b, Code 2015, 8 is amended by striking the paragraph. 9 Sec. 3. Section 723.5, subsection 1, unnumbered paragraph 10 1, Code 2015, is amended to read as follows: 11 A person shall not do any of the following within five 12 hundred one thousand feet of the building or other location 13 where a funeral or memorial service is being conducted, or 14 within five hundred one thousand feet of a funeral procession 15 or burial: 16 Sec. 4. Section 723.5, subsection 1, Code 2015, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . d. Knowingly and publicly use the flag of 19 the United States, the flag of the state of Iowa, a flag of a 20 military unit or division of the armed forces of the United 21 States or of the state military forces, or a flag recognizing 22 prisoners of war, with the intent or reasonable expectation 23 that such use will provoke or encourage another to commit 24 trespass or assault. For the purposes of this paragraph, “flag 25 of the United States” includes all previous flags of the United 26 States. 27 Sec. 5. Section 723.5, subsection 3, unnumbered paragraph 28 1, Code 2015, is amended to read as follows: 29 A person who commits a violation of this section subsection 30 1, paragraphs “a” through “c” commits: 31 Sec. 6. Section 723.5, Code 2015, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 4. A person who commits a violation of 34 subsection 1, paragraph “d” , commits a class “D” felony. 35 -1- LSB 1588YC (7) 86 aw/rj 1/ 4

H.F. _____ Sec. 7. NEW SECTION . 723.6 Civil liability for infliction 1 of emotional distress at services for deceased military service 2 members. 3 1. For the purposes of this section: 4 a. “Emotional distress” means temporary or permanent 5 emotional distress, emotional discomfort, embarrassment, 6 humiliation, or grief, whether slight, moderate, or severe. 7 b. “Family member” means a parent, spouse, child, or sibling 8 of a military service member. 9 c. “Military service member” means a member of the United 10 States armed forces who died while serving on active duty 11 during a time of military conflict or who died as a result of 12 such service. 13 2. A family member of a military service member in 14 attendance or another person in attendance at the funeral, 15 memorial service, funeral procession, or burial of a military 16 service member has a right of action against a person for 17 infliction of emotional distress upon the family member or 18 other person in attendance. 19 3. A person commits infliction of emotional distress upon 20 the family member or other person in attendance if the person 21 intentionally or knowingly engages in disruptive conduct within 22 one thousand feet of the building or other location where a 23 funeral or memorial service for the military service member 24 is being conducted, or within one thousand feet of a funeral 25 procession for or burial of a military service member, with the 26 purpose or effect of causing, or with reckless disregard of 27 the probability of causing, emotional distress upon the family 28 member or other person. 29 4. a. Liquidated damages for infliction of emotional 30 distress upon a family member shall be ten thousand dollars for 31 each plaintiff who is a family member, and recoverable damages 32 shall include reasonable attorney fees. 33 b. Liquidated damages for infliction of emotional distress 34 upon any other person in attendance shall be five thousand 35 -2- LSB 1588YC (7) 86 aw/rj 2/ 4

H.F. _____ dollars for each plaintiff who is not a family member, and 1 recoverable damages shall include reasonable attorney fees. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to disruptive and disorderly conduct. 6 The bill creates a civil right of action for certain persons 7 affected by certain disruptive conduct and makes changes to 8 disorderly conduct offenses. 9 Under current law, it is a simple misdemeanor (disorderly 10 conduct) to knowingly and publicly use the flag of the United 11 States in such a manner as to show disrespect for the flag as 12 a symbol of the United States, with the intent or reasonable 13 expectation that such use will provoke or encourage another 14 to commit trespass or assault. Current law defines showing 15 disrespect as defacing, defiling, mutilating, or trampling the 16 flag. The bill extends this offense to include the flag of the 17 State of Iowa, but removes the element of the offense related 18 to showing disrespect for the flag as a symbol of the United 19 States. A simple misdemeanor is punishable by confinement for 20 no more than 30 days or a fine of at least $65 but not more than 21 $625 or by both. 22 Current law also includes offenses for disorderly conduct 23 occurring in proximity to a funeral or memorial service. The 24 bill changes the distance restriction from 500 feet to 1,000 25 feet. The bill also establishes a new offense within that 26 category of disorderly conduct for knowingly and publicly using 27 the flag of the United States, of the state of Iowa, or of a 28 military unit or division of the armed forces of the United 29 States or of the state military forces, or a flag recognizing 30 prisoners of war, with the intent or reasonable expectation 31 that such use will provoke or encourage another to commit 32 trespass or assault. The bill provides that the term “flag of 33 the United States” includes all previous flags of the United 34 States for the purposes of this offense. A class “D” felony 35 -3- LSB 1588YC (7) 86 aw/rj 3/ 4

H.F. _____ is punishable by confinement for no more than five years and a 1 fine of at least $750 but not more than $7,500. 2 The bill also creates a civil action for infliction of 3 emotional distress. A person commits infliction of emotional 4 distress upon a family member of a military service member 5 or another attendee if the person intentionally or knowingly 6 engages in disruptive conduct within 1,000 feet of the building 7 or other location where a funeral or memorial service is being 8 conducted, or within 1,000 feet of a funeral procession or 9 burial for a military service member with the purpose or effect 10 of causing, or with reckless disregard of the probability of 11 causing, emotional distress to the family of a military service 12 member or another attendee at the funeral, memorial service, 13 funeral procession, or burial of a military service member. 14 The bill provides definitions for the terms emotional distress, 15 family member, and military service member. 16 The bill provides that liquidated damages for infliction of 17 emotional distress upon a family member of a military service 18 member or another attendee shall be $10,000 for each plaintiff 19 who is a family member and $5,000 for each plaintiff who is not 20 a family member. The bill also provides that damages shall 21 include reasonable attorney fees. 22 -4- LSB 1588YC (7) 86 aw/rj 4/ 4