House Study Bill 722 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to a public offense which is also a hate crime, 1 and presentence investigation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6227YC (3) 89 as/rh

H.F. _____ Section 1. Section 692.15, subsection 7, Code 2022, is 1 amended to read as follows: 2 7. The hate crimes listed in A public offense which is also 3 a hate crime as defined in section 729A.2 are is subject to the 4 reporting requirements of this section . 5 Sec. 2. Section 729A.2, Code 2022, is amended to read as 6 follows: 7 729A.2 Violation of individual rights —— hate crime. 8 1. “Hate crime” means one of the following any public 9 offenses offense when committed against a person or a person’s 10 property because of the person’s race, color, religion, 11 ancestry, national origin, political affiliation, sex, 12 sexual orientation, age, or disability, or the person’s 13 association with a person of a certain race, color, religion, 14 ancestry, national origin, political affiliation, sex, sexual 15 orientation, age, or disability : . 16 1. Assault in violation of individual rights under section 17 708.2C . 18 2. Violations of individual rights under section 712.9 . 19 3. Criminal mischief in violation of individual rights 20 under section 716.6A . 21 4. Trespass in violation of individual rights under section 22 716.8, subsections 3 and 4 . 23 2. A person convicted of a public offense which is also 24 a hate crime may be subject to enhanced sentencing penalties 25 pending a presentencing investigation as provided in section 26 901.2, subsection 2, paragraph “e” . 27 Sec. 3. Section 901.2, subsection 2, paragraphs c and d, 28 Code 2022, are amended to read as follows: 29 c. The Except as provided in paragraph “e” , the court 30 may order a presentence investigation when the offense is an 31 aggravated misdemeanor. 32 d. The Except as provided in paragraph “e” , the court may 33 order a presentence investigation when the offense is a serious 34 misdemeanor only upon a finding of exceptional circumstances 35 -1- LSB 6227YC (3) 89 as/rh 1/ 3

H.F. _____ warranting an investigation. Notwithstanding section 901.3 , a 1 presentence investigation ordered by the court for a serious 2 misdemeanor shall include information concerning only the 3 following: 4 (1) A brief personal and social history of the defendant. 5 (2) The defendant’s criminal record. 6 (3) The harm to the victim, the victim’s immediate family, 7 and the community, including any completed victim impact 8 statement or statements and restitution plan. 9 Sec. 4. Section 901.2, subsection 2, Code 2022, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . e. The court may order a presentence 12 investigation for any public offense which is also a hate crime 13 as defined in section 729A.2. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to a public offense which is also a hate 18 crime, and presentence investigation. 19 Current law provides that a “hate crime” means a violation 20 of certain specified public offenses committed because of a 21 person’s race, color, religion, ancestry, national origin, 22 political affiliation, sex, sexual orientation, age, or 23 disability, or the person’s association with a person of a 24 certain race, color, religion, ancestry, national origin, 25 political affiliation, sex, sexual orientation, age, or 26 disability. The specified offenses include assault in 27 violation of individual rights (Code section 708.2C), arson in 28 violation of individual rights (Code section 712.9), criminal 29 mischief in violation of individual rights (Code section 30 716.6A), and trespass in violation of individual rights (Code 31 section 716.8(3) and (4)). 32 The bill provides that a “hate crime” means any public 33 offense when committed against a person or a person’s 34 property because of the person’s race, color, religion, 35 -2- LSB 6227YC (3) 89 as/rh 2/ 3

H.F. _____ ancestry, national origin, political affiliation, sex, 1 sexual orientation, age, or disability, or the person’s 2 association with a person of a certain race, color, religion, 3 ancestry, national origin, political affiliation, sex, sexual 4 orientation, age, or disability. 5 The bill provides that a person convicted of a public 6 offense which is also a hate crime may be subject to enhanced 7 sentencing penalties pending a presentencing investigation. 8 The bill provides that the court may order a presentence 9 investigation for any public offense which is also a hate 10 crime. 11 The bill makes a conforming Code change to the reporting 12 requirements in Code chapter 692 (criminal history and 13 intelligence data). 14 -3- LSB 6227YC (3) 89 as/rh 3/ 3