House
File
120
-
Introduced
HOUSE
FILE
120
BY
HUNTER
,
OLSON
,
JACOBY
,
ANDERSON
,
WESSEL-KROESCHELL
,
KRESSIG
,
CAHILL
,
WILBURN
,
STAED
,
KONFRST
,
JAMES
,
MASCHER
,
GJERDE
,
and
EHLERT
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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120
Section
1.
Section
729A.2,
Code
2021,
is
amended
to
read
as
1
follows:
2
729A.2
Violation
of
individual
rights
——
hate
crime.
3
1.
“Hate
crime”
means
one
of
the
following
public
offenses
4
when
committed
against
a
person
or
a
person’s
property
because
5
of
the
person’s
race,
color,
religion,
ancestry,
national
6
origin,
political
affiliation,
gender
identity,
gender
7
expression,
sex,
sexual
orientation,
age,
or
disability,
or
the
8
person’s
association
with
a
person
of
a
certain
race,
color,
9
religion,
ancestry,
national
origin,
political
affiliation,
10
gender
identity,
gender
expression,
sex,
sexual
orientation,
11
age,
or
disability:
12
1.
a.
Assault
in
violation
of
individual
rights
under
13
section
708.2C
.
14
2.
b.
Violations
of
individual
rights
under
section
712.9
.
15
3.
c.
Criminal
mischief
in
violation
of
individual
rights
16
under
section
716.6A
.
17
4.
d.
Trespass
in
violation
of
individual
rights
under
18
section
716.8,
subsections
3
and
4
.
19
2.
For
purposes
of
this
section:
20
a.
“Gender
expression”
means
actual
or
perceived
21
gender-related
characteristics.
22
b.
“Gender
identity”
means
a
gender-related
identity
of
a
23
person,
regardless
of
the
person’s
assigned
sex
at
birth.
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
certain
offenses
(assault
in
violation
of
31
individual
rights
under
Code
section
708.2C;
violations
of
32
individual
rights
under
Code
section
712.9;
criminal
mischief
33
in
violation
of
individual
rights
under
Code
section
716.6A;
34
and
trespass
in
violation
of
individual
rights
under
Code
35
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120
section
716.8(3)
and
(4))
committed
against
a
person
or
a
1
person’s
property
because
of
the
person’s
gender
identity
or
2
gender
expression
or
because
of
the
person’s
association
with
3
a
person
of
a
certain
gender
identity
or
gender
expression.
4
The
bill
provides
definitions
of
“gender
identity”
and
“gender
5
expression”.
6
The
penalty
for
a
person
who
commits
a
hate
crime
classified
7
as
an
assault
in
violation
of
individual
rights
under
Code
8
section
708.2C
ranges
from
a
serious
misdemeanor
to
a
class
“D”
9
felony
depending
on
the
circumstances
of
the
offense.
10
The
penalty
for
a
person
who
commits
a
hate
crime
that
is
11
a
violation
of
individual
rights
under
Code
section
712.9
is
12
reclassified
and
punished
as
an
offense
one
degree
higher
13
than
the
underlying
offense,
and
the
penalty
for
a
person
who
14
commits
a
hate
crime
that
is
criminal
mischief
in
violation
of
15
individual
rights
under
Code
section
716.6A
is
reclassified
and
16
punished
as
an
offense
one
degree
higher
than
the
underlying
17
offense.
18
The
penalty
for
a
person
who
commits
a
hate
crime
that
is
a
19
trespass
in
violation
of
individual
rights
under
Code
section
20
716.8(3)
is
a
serious
misdemeanor,
and
the
penalty
for
a
person
21
who
commits
a
hate
crime
that
is
a
trespass
in
violation
of
22
individual
rights
under
Code
section
716.8(4)
is
an
aggravated
23
misdemeanor.
24
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