House File 2213 - Introduced HOUSE FILE 2213 BY WILBURN , THEDE , GAINES , ABDUL-SAMAD , SMITH , WESSEL-KROESCHELL , McCONKEY , STAED , BROWN-POWERS , and HUNTER A BILL FOR An Act relating to hate crimes involving the violation of 1 individual rights. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5426YH (6) 89 as/rh

H.F. 2213 Section 1. Section 729A.2, Code 2022, 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, sex, sexual orientation, age, 7 or disability, or the person’s association with a person of 8 a certain race, color, religion, ancestry, national origin, 9 political affiliation, sex, sexual orientation, age, or 10 disability: 11 1. a. Assault in violation of individual rights under 12 section 708.2C . 13 2. b. Violations of individual rights under section 712.9 . 14 3. c. Criminal mischief in violation of individual rights 15 under section 716.6A . 16 4. d. Trespass in violation of individual rights under 17 section 716.8, subsections 3 and 4 . 18 2. In determining whether a public offense listed in 19 subsection 1 constitutes a hate crime the court may consider 20 the following nonexclusive list of factors: 21 a. Whether the race, color, religion, ancestry, national 22 origin, political affiliation, sex, sexual orientation, age, or 23 disability of the victim differs from that of the offender. 24 b. Whether the victim was engaged in activities promoting a 25 group with whom the victim is associated. 26 c. Whether the offense coincided with a holiday or date 27 of particular significance to a group with whom the victim is 28 associated. 29 d. Whether bias-related comments, written statements, or 30 gestures were made by the offender. 31 e. Whether bias-related drawings, markings, symbols, or 32 graffiti were left at the location where the public offense 33 occurred. 34 f. Whether objects or items that represent the work of a 35 -1- LSB 5426YH (6) 89 as/rh 1/ 3

H.F. 2213 hate group were left at the location where the public offense 1 occurred. 2 g. Whether the offender has previously been involved in 3 similar offenses or is a member of or associates with members 4 of a hate group. 5 h. Whether the victim was in or near an area or place 6 commonly associated with or frequented by members of a 7 particular race, color, religion, ancestry, national origin, 8 political affiliation, sex, sexual orientation, age, or 9 disability. 10 i. Whether no clear economic motive or other legitimate 11 purpose exists to explain the public offense against the 12 victim. 13 3. For purposes of this section, “hate group” means an 14 organization or collection of individuals that, based on its 15 official statements or principles, the statements of its 16 leaders, or its activities, maintains beliefs or practices that 17 attack or malign an entire class of people, typically for their 18 immutable characteristics. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to hate crimes involving the violation of 23 individual rights. 24 Current law defines a hate crime as an assault in violation 25 of individual rights under Code section 708.2C, violations of 26 individual rights under Code section 712.9 (arson), criminal 27 mischief in violation of individual rights under Code section 28 716.6A, and trespass in violation of individual rights under 29 Code section 716.8(3) and (4), when committed against a person 30 or a person’s property because of the person’s race, color, 31 religion, ancestry, national origin, political affiliation, 32 sex, sexual orientation, age, or disability, or the person’s 33 association with a person of a certain race, color, religion, 34 ancestry, national origin, political affiliation, sex, sexual 35 -2- LSB 5426YH (6) 89 as/rh 2/ 3

H.F. 2213 orientation, age, or disability. 1 The bill adds a nonexclusive list of factors which a 2 court may consider in determining whether the public offense 3 meets the definition of a hate crime to include whether the 4 race, color, religion, ancestry, national origin, political 5 affiliation, sex, sexual orientation, age, or disability of 6 the victim differs from that of the offender; whether the 7 victim was engaged in activities promoting a group with whom 8 the victim is associated; whether the offense coincided with 9 a holiday or date of particular significance to a group with 10 whom the victim is associated; whether bias-related comments, 11 written statements, or gestures were made by the offender; 12 whether bias-related drawings, markings, symbols, or graffiti 13 were left at the location of the public offense; whether 14 objects or items that represent the work of an organized hate 15 group were left at the location of the public offense; whether 16 the offender has previously been involved in similar offenses 17 or is a member of, or associates with members of, an organized 18 hate group; and whether the victim was in or near an area 19 or place commonly associated with or frequented by members 20 of a particular race, color, religion, ancestry, national 21 origin, political affiliation, sex, sexual orientation, age, 22 or disability; and whether no clear economic motive or other 23 legitimate purpose exists to explain the public offense against 24 the victim. 25 The bill defines “hate group” to mean an organization 26 or collection of individuals that, based on its official 27 statements or principles, the statements of its leaders, or 28 its activities, maintains beliefs or practices that attack or 29 malign an entire class of people, typically for their immutable 30 characteristics. 31 -3- LSB 5426YH (6) 89 as/rh 3/ 3