House Study Bill 142 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to public safety including prohibited acts on 1 fully controlled-access facilities and disorderly conduct, 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1915YC (6) 89 as/rh

H.F. _____ Section 1. Section 321.366, subsection 1, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. Operate a bicycle, skateboard, or other 3 pedestrian conveyance or be a pedestrian anywhere on a fully 4 controlled-access facility. For purposes of this paragraph, 5 “pedestrian conveyance” means any human-powered device by which 6 a pedestrian may move other than by walking or by which a 7 walking person may move another pedestrian, including but not 8 limited to strollers and wheelchairs. 9 Sec. 2. Section 723.4, Code 2021, is amended by striking the 10 section and inserting in lieu thereof the following: 11 723.4 Disorderly conduct. 12 1. A person commits a simple misdemeanor when the person 13 does any of the following: 14 a. Engages in fighting or violent behavior in any public 15 place or in or near any lawful assembly of persons, provided, 16 that participants in athletic contests may engage in such 17 conduct which is reasonably related to that sport. 18 b. Makes loud and raucous noise in the vicinity of any 19 residence or public building which causes unreasonable distress 20 to the occupants thereof. 21 c. Directs abusive epithets or makes any threatening gesture 22 which the person knows or reasonably should know is likely to 23 provoke a violent reaction by another. 24 d. Without lawful authority or color of authority, the 25 person disturbs any lawful assembly or meeting of persons by 26 conduct intended to disrupt the meeting or assembly. 27 e. By words or action, initiates or circulates a report or 28 warning of fire, epidemic, or other catastrophe, knowing such 29 report to be false or such warning to be baseless. 30 f. (1) Knowingly and publicly uses the flag of the United 31 States in such a manner as to show disrespect for the flag as 32 a symbol of the United States, with the intent or reasonable 33 expectation that such use will provoke or encourage another to 34 commit trespass or assault. 35 -1- LSB 1915YC (6) 89 as/rh 1/ 4

H.F. _____ (2) As used in this paragraph: 1 (a) “Deface” means to intentionally mar the external 2 appearance. 3 (b) “Defile” means to intentionally make physically unclean. 4 (c) “Flag” means a piece of woven cloth or other material 5 designed to be flown from a pole or mast. 6 (d) “Mutilate” means to intentionally cut up or alter so as 7 to make imperfect. 8 (e) “Show disrespect” means to deface, defile, mutilate, or 9 trample. 10 (f) “Trample” means to intentionally tread upon or 11 intentionally cause a machine, vehicle, or animal to tread 12 upon. 13 (3) This paragraph does not apply to a flag retirement 14 ceremony conducted pursuant to federal law. 15 2. A person commits a serious misdemeanor when the person, 16 without lawful authority or color of authority, obstructs any 17 street, sidewalk, highway, or other public way, with the intent 18 to prevent or hinder its lawful use by others. 19 3. A person commits an aggravated misdemeanor when the 20 person commits disorderly conduct as described in subsection 2 21 and does any of the following: 22 a. Obstructs or attempts to obstruct a fully 23 controlled-access facility on a highway, street, or road in 24 which the speed restriction is controlled by section 321.285, 25 subsection 3, or section 321.285, subsection 5. 26 b. Commits property damage. 27 c. Is present during an unlawful assembly as defined in 28 section 723.2. 29 4. A person commits a class “D” felony when the person 30 commits disorderly conduct as described in subsection 2 and 31 does any of the following: 32 a. Is present during a riot as defined in section 723.1. 33 b. Causes bodily injury. 34 5. A person commits a class “C” felony when the person 35 -2- LSB 1915YC (6) 89 as/rh 2/ 4

H.F. _____ commits disorderly conduct as described in subsection 2 and the 1 person causes serious bodily injury or death. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to public safety including prohibited acts 6 on fully controlled-access facilities and disorderly conduct, 7 and provides penalties. 8 The bill provides that it is unlawful for a person to operate 9 a bicycle, skateboard, or other pedestrian conveyance or be 10 a pedestrian anywhere on a fully controlled-access facility. 11 A violation is punishable as a scheduled operating violation 12 under Code section 805.8A. The fine for a violation is $135. 13 Current law provides that all violations of Code section 14 723.4 (disorderly conduct) are simple misdemeanors. The bill 15 amends Code section 723.4 by providing additional criminal 16 penalties greater than a simple misdemeanor for additional acts 17 of disorderly conduct. 18 The bill provides that a person commits a serious 19 misdemeanor when the person, without lawful authority or 20 color of authority, obstructs or attempts to obstruct any 21 street, sidewalk, highway, or other public way, or obstructs or 22 attempts to obstruct any business, business drive, parking lot, 23 or business access, with the intent to prevent or hinder its 24 lawful use by others. 25 The bill provides that a person commits an aggravated 26 misdemeanor when the person, without lawful authority or color 27 of authority, obstructs any street, sidewalk, highway, or other 28 public way with the intent to prevent or hinder its lawful use 29 by others and does any of the following: obstructs or attempts 30 to obstruct a fully controlled-access facility or a highway, 31 street, or road in which a speed restriction is controlled by 32 Code section 321.285(3) or 321.285(5); commits property damage; 33 or is present during an unlawful assembly, as defined in Code 34 section 723.2. 35 -3- LSB 1915YC (6) 89 as/rh 3/ 4

H.F. _____ The bill provides that a person commits a class “D” 1 felony when the person, without lawful authority or color of 2 authority, obstructs any street, sidewalk, highway, or other 3 public way with the intent to prevent or hinder its lawful use 4 by others and is present during a riot, as defined in Code 5 section 723.1; or causes bodily injury. 6 The bill provides that a person commits a class “C” 7 felony when the person, without lawful authority or color of 8 authority, obstructs any street, sidewalk, highway, or other 9 public way with the intent to prevent its unlawful use by 10 others and serious injury or death results. 11 -4- LSB 1915YC (6) 89 as/rh 4/ 4