Senate File 63 - Introduced SENATE FILE 63 BY CHELGREN , ZAUN , ROZENBOOM , KAPUCIAN , BEHN , ANDERSON , McCOY , COSTELLO , GUTH , SCHULTZ , and KRAAYENBRINK A BILL FOR An Act establishing a public offense for intimidation by 1 desecration of flag or insignia in violation of individual 2 rights, classifying the offense as a hate crime, and 3 including penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1421XS (4) 86 aw/sc
S.F. 63 Section 1. NEW SECTION . 718A.1B Intimidation by desecration 1 of flag or insignia in violation of individual rights. 2 For the purposes of this section, “intimidation by 3 desecration of flag or insignia in violation of individual 4 rights” means a violation of section 718A.1A with intent to 5 intimidate a person on the basis of that person’s veteran 6 status or on the basis of a person’s association with a 7 veteran, and shall be classified as a hate crime as defined 8 in section 729A.2. A person who commits intimidation by 9 desecration of flag or insignia in violation of individual 10 rights is guilty of a simple misdemeanor. 11 Sec. 2. Section 729A.1, Code 2015, is amended to read as 12 follows: 13 729A.1 Violations of an individual’s rights prohibited. 14 1. Persons within the state of Iowa have the right to be 15 free from any violence, or intimidation by threat of violence, 16 committed against their persons or property because of their 17 race, color, religion, ancestry, national origin, political 18 affiliation, sex, sexual orientation, age, or disability. 19 2. Persons within the state of Iowa have the right to be 20 free from any violence or intimidation committed against their 21 persons or property because of their veteran status or on the 22 basis of a person’s association with a veteran. 23 Sec. 3. Section 729A.2, unnumbered paragraph 1, Code 2015, 24 is amended to read as follows: 25 “Hate crime” means one of the following public offenses when 26 committed against a person or a person’s property because of 27 the person’s race, color, religion, ancestry, national origin, 28 political affiliation, sex, sexual orientation, age, veteran 29 status, or disability, or the person’s association with a 30 person of a certain race, color, religion, ancestry, national 31 origin, political affiliation, sex, sexual orientation, age, 32 veteran status, or disability: 33 Sec. 4. Section 729A.2, Code 2015, is amended by adding the 34 following new subsection: 35 -1- LSB 1421XS (4) 86 aw/sc 1/ 2
S.F. 63 NEW SUBSECTION . 5. Intimidation by desecration of flag 1 or insignia in violation of individual rights under section 2 718A.1B. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill establishes a public offense for intimidation by 7 desecration of flag or insignia in violation of individual 8 rights as a simple misdemeanor. A simple misdemeanor is 9 punishable by confinement for no more than 30 days or a fine of 10 at least $65 but not more than $625 or by both. 11 Under current Code section 718A.1A, desecration of a flag 12 or insignia is considered a simple misdemeanor. The bill 13 establishes a separate public offense for the desecration of 14 a flag or insignia with intent to intimidate a person on the 15 basis of the person’s veteran status or on the basis of a 16 person’s association with a veteran. 17 The bill further provides that intimidation by desecration 18 of flag or insignia in violation of individual rights is a hate 19 crime under Code chapter 729A. Code section 729A.5 provides 20 certain civil remedies to victims of hate crimes. 21 -2- LSB 1421XS (4) 86 aw/sc 2/ 2