HF 430 (LSB 1915HV (1) 89)

HOUSE FILE 430

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 142)

A BILL FOR

An Act relating to public safety including prohibited acts on fully controlled-access facilities and disorderly conduct, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.366, subsection 1, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  Operate a bicycle, skateboard, or other pedestrian conveyance or be a pedestrian anywhere on a fully controlled-access facility. For purposes of this paragraph, “pedestrian conveyance” means any human-powered device by which a pedestrian may move other than by walking or by which a walking person may move another pedestrian, including but not limited to strollers and wheelchairs.
    Sec. 2.  Section 723.4, Code 2021, is amended by striking the section and inserting in lieu thereof the following:
   723.4  Disorderly conduct.
   1.  A person commits a simple misdemeanor when the person does any of the following:
   a.  Engages in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport.
   b.  Makes loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.
   c.  Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
   d.  Without lawful authority or color of authority, the person disturbs any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.
   e.  By words or action, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.
   f.  (1)  Knowingly and publicly uses the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.
   (2)  As used in this paragraph:
   (a)  “Deface” means to intentionally mar the external appearance.
   (b)  “Defile” means to intentionally make physically unclean.
   (c)  “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.
   (d)  “Mutilate” means to intentionally cut up or alter so as to make imperfect.
   (e)  “Show disrespect” means to deface, defile, mutilate, or trample.
   (f)  “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread upon.
   (3)  This paragraph does not apply to a flag retirement ceremony conducted pursuant to federal law.
   2.  A person commits a serious misdemeanor when the person, without lawful authority or color of authority, obstructs any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.
   3.  A person commits an aggravated misdemeanor when the person commits disorderly conduct as described in subsection 2 and does any of the following:
   a.  Obstructs or attempts to obstruct a fully controlled-access facility on a highway, street, or road in which the speed restriction is controlled by section 321.285, subsection 3, or section 321.285, subsection 5.
   b.  Commits property damage.
   c.  Is present during an unlawful assembly as defined in section 723.2.
   4.  A person commits a class “D” felony when the person commits disorderly conduct as described in subsection 2 and does any of the following:
   a.  Is present during a riot as defined in section 723.1.
   b.  Causes bodily injury.
   5.  A person commits a class “C” felony when the person commits disorderly conduct as described in subsection 2 and the person causes serious bodily injury or death.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to public safety including prohibited acts on fully controlled-access facilities and disorderly conduct, and provides penalties.
   The bill provides that it is unlawful for a person to operate a bicycle, skateboard, or other pedestrian conveyance or be a pedestrian anywhere on a fully controlled-access facility. A violation is punishable as a scheduled operating violation under Code section 805.8A. The fine for a violation is $135.
   Current law provides that all violations of Code section 723.4 (disorderly conduct) are simple misdemeanors. The bill amends Code section 723.4 by providing additional criminal penalties greater than a simple misdemeanor for additional acts of disorderly conduct.
   The bill provides that a person commits a serious misdemeanor when the person, without lawful authority or color of authority, obstructs or attempts to obstruct any street, sidewalk, highway, or other public way, or obstructs or attempts to obstruct any business, business drive, parking lot, or business access, with the intent to prevent or hinder its lawful use by others.
   The bill provides that a person commits an aggravated misdemeanor when the person, without lawful authority or color of authority, obstructs any street, sidewalk, highway, or other public way with the intent to prevent or hinder its lawful use by others and does any of the following: obstructs or attempts to obstruct a fully controlled-access facility or a highway, street, or road in which a speed restriction is controlled by Code section 321.285(3) or 321.285(5); commits property damage; or is present during an unlawful assembly, as defined in Code section 723.2.
   The bill provides that a person commits a class “D” felony when the person, without lawful authority or color of authority, obstructs any street, sidewalk, highway, or other public way with the intent to prevent or hinder its lawful use by others and is present during a riot, as defined in Code section 723.1; or causes bodily injury.
   The bill provides that a person commits a class “C” felony when the person, without lawful authority or color of authority, obstructs any street, sidewalk, highway, or other public way with the intent to prevent its unlawful use by others and serious injury or death results.