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
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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
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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
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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
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