Senate
File
2284
-
Introduced
SENATE
FILE
2284
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2120)
A
BILL
FOR
An
Act
modifying
the
elements
defining
hate
crimes,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
729A.2,
Code
2016,
is
amended
to
read
as
1
follows:
2
729A.2
Violation
of
individual
rights
——
hate
crime.
3
1.
As
used
in
this
section:
4
a.
“Gender
expression”
means
actual
or
perceived
5
gender-related
characteristics.
6
b.
“Gender
identity”
means
a
gender-related
identity
of
a
7
person,
regardless
of
the
person’s
assigned
sex
at
birth.
8
2.
“Hate
crime”
means
one
of
the
following
public
offenses
9
when
committed
against
a
person
or
a
person’s
property
because
10
of
the
person’s
race,
color,
religion,
ancestry,
national
11
origin,
political
affiliation,
gender
identity,
gender
12
expression,
sex,
sexual
orientation,
age,
or
disability,
or
the
13
person’s
association
with
a
person
of
a
certain
race,
color,
14
religion,
ancestry,
national
origin,
political
affiliation,
15
gender
identity,
gender
expression,
sex,
sexual
orientation,
16
age,
or
disability:
17
1.
a.
Assault
in
violation
of
individual
rights
under
18
section
708.2C
.
19
2.
b.
Violations
of
individual
rights
under
section
712.9
.
20
3.
c.
Criminal
mischief
in
violation
of
individual
rights
21
under
section
716.6A
.
22
4.
d.
Trespass
in
violation
of
individual
rights
under
23
section
716.8,
subsections
3
and
4
.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
includes
additional,
alternative
elements
defining
28
the
various
offenses
labeled
as
hate
crimes.
29
The
bill
amends
Code
section
729A.2
by
modifying
a
“hate
30
crime”
to
include
offenses
committed
against
a
person
or
31
person’s
property
because
of
the
person’s
gender
identity
or
32
gender
expression
or
because
of
the
person’s
association
with
a
33
person
of
a
certain
gender
identity
or
gender
expression.
34
The
bill
defines
“gender
identity”
to
mean
a
gender-related
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identity
of
a
person,
regardless
of
the
person’s
assigned
sex
1
at
birth.
The
bill
defines
“gender
expression”
to
mean
actual
2
or
perceived
gender-related
characteristics.
3
If
a
person
commits
an
offense
classified
as
a
hate
crime
4
under
the
bill
against
a
person
or
person’s
property
because
5
of
the
person’s
gender
identity
or
gender
expression
or
6
because
of
the
person’s
association
with
a
person
of
a
certain
7
gender
identity
or
gender
expression,
the
person
commits
one
8
of
the
following
criminal
offenses:
assault
in
violation
of
9
individual
rights
under
Code
section
708.2C;
violations
of
10
individual
rights
under
Code
section
712.9;
criminal
mischief
11
in
violation
of
individual
rights
under
Code
section
716.6A;
or
12
trespass
in
violation
of
individual
rights
under
Code
section
13
716.8(3)
and
(4).
14
The
penalty
for
a
person
who
commits
a
hate
crime
classified
15
as
an
assault
in
violation
of
individual
rights
under
Code
16
section
708.2C
ranges
from
a
serious
misdemeanor
to
a
class
“D”
17
felony
depending
on
the
circumstances
of
the
offense.
18
The
penalty
for
a
person
who
commits
a
hate
crime
that
is
19
a
violation
of
individual
rights
under
Code
section
712.9
is
20
reclassified
and
punished
as
an
offense
one
degree
higher
than
21
the
underlying
offense,
resulting
in
the
following
punishments:
22
for
violations
of
Code
sections
712.3
(arson
in
the
second
23
degree)
punishable
as
a
class
“B”
felony,
712.4
(arson
in
the
24
third
degree)
punishable
as
a
class
“D”
felony,
715.5
(reckless
25
use
of
fire
or
explosives)
punishable
as
an
aggravated
26
misdemeanor,
712.6
(explosive
or
incendiary
materials
or
27
devices)
punishable
from
an
aggravated
misdemeanor
to
a
class
28
“B”
felony,
712.7
(false
reports)
punishable
as
a
class
“C”
29
felony,
or
712.8
(threats)
punishable
as
a
class
“C”
felony.
30
The
penalty
for
a
person
who
commits
a
hate
crime
that
is
31
criminal
mischief
in
violation
of
individual
rights
under
Code
32
section
716.6A
is
reclassified
and
punished
as
an
offense
one
33
degree
higher
than
the
underlying
offense,
resulting
in
the
34
following
punishments:
for
violations
of
Code
section
716.5
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(criminal
mischief
in
the
third
degree)
punishable
as
a
class
1
“D”
felony,
and
716.6
(criminal
mischief
in
the
fourth
or
fifth
2
degrees)
punishable
as
an
aggravated
misdemeanor
or
serious
3
misdemeanor,
respectively.
4
The
penalty
for
a
person
who
commits
a
hate
crime
that
is
a
5
trespass
in
violation
of
individual
rights
under
Code
section
6
716.8(3)
is
a
serious
misdemeanor
and
a
person
who
commits
a
7
hate
crime
that
is
a
trespass
in
violation
of
individual
rights
8
under
Code
section
716.8(4)
commits
an
aggravated
misdemeanor.
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