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:
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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
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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.
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