Senate File 534 - Introduced SENATE FILE 534 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 497) A BILL FOR An Act relating to law enforcement and certain criminal 1 offenses, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2506SV (1) 89 as/rh
S.F. 534 Section 1. Section 80F.1, subsection 13, Code 2021, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 13. An officer who has suffered any injury, physical 4 or otherwise, during the performance of official duties 5 or directly related to the officer’s status as an officer, 6 including due to a person knowingly filing a false complaint 7 against the officer, shall have the right to pursue civil 8 remedies under the law against any person, group of persons, 9 organization, corporation, or the head of an organization or 10 corporation, for damages including but not limited to actual 11 damages, court costs, and reasonable attorney fees. 12 Sec. 2. NEW SECTION . 321.366A Immunity from civil liability 13 for certain vehicle operators. 14 1. The driver of a vehicle who is exercising due care and 15 who injures another person who is participating in a protest, 16 demonstration, riot, or unlawful assembly or who is engaging in 17 disorderly conduct and is blocking traffic in a public street 18 or highway shall be immune from civil liability for the injury 19 caused by the driver of the vehicle. 20 2. The driver of a vehicle who injures another person 21 who is participating in a protest, demonstration, riot, or 22 unlawful assembly or who is engaging in disorderly conduct and 23 is blocking traffic in a public street or highway shall not 24 be immune from civil liability if the actions leading to the 25 injury caused by the driver of a vehicle constitute reckless 26 or willful misconduct. 27 3. Subsection 1 shall not apply if the injured person 28 participating in a protest or demonstration was doing so with a 29 valid permit allowing persons to protest or demonstrate on the 30 public street or highway where the injury occurred. 31 Sec. 3. Section 331.604, subsection 3, paragraph b, 32 subparagraph (3), Code 2021, is amended by adding the following 33 new subparagraph division: 34 NEW SUBPARAGRAPH DIVISION . (c) Implementing and 35 -1- LSB 2506SV (1) 89 as/rh 1/ 12
S.F. 534 maintaining a process for redacting the names of any law 1 enforcement officer, as defined in section 80B.3, or state 2 or federal judicial officer or state or federal prosecutor 3 contained in electronic documents that are displayed for public 4 access through an internet site. 5 Sec. 4. Section 622.10, subsection 9, paragraphs a and b, 6 Code 2021, are amended to read as follows: 7 a. A peer support group counselor who obtains information 8 from an officer or a civilian employee of a law enforcement 9 agency or fire department by reason of the counselor’s capacity 10 as a peer support group counselor shall not be allowed, in 11 giving testimony, to disclose any confidential communication 12 properly entrusted to the counselor by the officer or civilian 13 employee while receiving counseling. 14 b. The prohibition in this subsection does not apply 15 where the officer or civilian employee has consented to the 16 disclosure of the information specified in paragraph “a” 17 or where the peer support group counselor was an initial 18 responding officer, a witness, or a party to the incident which 19 prompted the delivery of peer support group counseling services 20 to the officer or civilian employee . 21 Sec. 5. Section 708.1, subsection 2, Code 2021, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . d. (1) Intentionally points a laser 24 emitting a visible light beam at another person with the intent 25 to cause pain or injury to another. For purposes of this 26 paragraph, “laser” means a device that emits a visible light 27 beam amplified by the stimulated emission of radiation and any 28 light which simulates the appearance of a laser. 29 (2) This paragraph does not apply to any of the following: 30 (a) A law enforcement officer who uses a laser in 31 discharging or attempting to discharge the officer’s official 32 duties. 33 (b) A health care professional who uses a laser in providing 34 services within the scope of practice of that professional or 35 -2- LSB 2506SV (1) 89 as/rh 2/ 12
S.F. 534 any other person who is licensed or authorized by law to use a 1 laser or who uses a laser in the performance of the person’s 2 official duties. 3 (c) A person who uses a laser to play laser tag, paintball, 4 and other similar games using light-emitting diode technology. 5 Sec. 6. Section 708.3A, subsections 1, 2, 3, and 4, Code 6 2021, are amended to read as follows: 7 1. A person who commits an assault, as defined in section 8 708.1 , against a peace officer, civilian employee of a law 9 enforcement agency, jailer, correctional staff, member or 10 employee of the board of parole, health care provider, employee 11 of the department of human services, employee of the department 12 of revenue, or fire fighter, whether paid or volunteer, or 13 civilian employee of a fire department, with the knowledge 14 that the person against whom the assault is committed is a 15 peace officer, civilian employee of a law enforcement agency, 16 jailer, correctional staff, member or employee of the board 17 of parole, health care provider, employee of the department 18 of human services, employee of the department of revenue, 19 or fire fighter , or civilian employee of a fire department, 20 and with the intent to inflict a serious injury upon the 21 peace officer, civilian employee of a law enforcement agency, 22 jailer, correctional staff, member or employee of the board of 23 parole, health care provider, employee of the department of 24 human services, employee of the department of revenue, or fire 25 fighter, or civilian employee of a fire department, is guilty 26 of a class “D” “C” felony , with a mandatory minimum term of 27 imprisonment of two years . 28 2. A person who commits an assault, as defined in section 29 708.1 , against a peace officer, civilian employee of a law 30 enforcement agency, jailer, correctional staff, member 31 or employee of the board of parole, health care provider, 32 employee of the department of human services, employee of 33 the department of revenue, or fire fighter, whether paid or 34 volunteer, or civilian employee of a fire department, who knows 35 -3- LSB 2506SV (1) 89 as/rh 3/ 12
S.F. 534 that the person against whom the assault is committed is a 1 peace officer, civilian employee of a law enforcement agency, 2 jailer, correctional staff, member or employee of the board 3 of parole, health care provider, employee of the department 4 of human services, employee of the department of revenue, or 5 fire fighter , or civilian employee of a fire department, and 6 who uses or displays a dangerous weapon in connection with the 7 assault, is guilty of a class “D” “C” felony. 8 3. A person who commits an assault, as defined in section 9 708.1 , against a peace officer, a civilian employee of a 10 law enforcement agency, jailer, correctional staff, member 11 or employee of the board of parole, health care provider, 12 employee of the department of human services, employee of 13 the department of revenue, or fire fighter, whether paid or 14 volunteer, or civilian employee of a fire department, who knows 15 that the person against whom the assault is committed is a 16 peace officer, a civilian employee of a law enforcement agency, 17 jailer, correctional staff, member or employee of the board 18 of parole, health care provider, employee of the department 19 of human services, employee of the department of revenue, or 20 fire fighter, or civilian employee of a fire department, and 21 who causes bodily injury or mental illness, is guilty of an 22 aggravated misdemeanor a class “D” felony, with a mandatory 23 minimum term of imprisonment of one year . 24 4. Any other assault, as defined in section 708.1 , committed 25 against a peace officer, civilian employee of a law enforcement 26 agency, jailer, correctional staff, member or employee of 27 the board of parole, health care provider, employee of the 28 department of human services, employee of the department of 29 revenue, or fire fighter, or civilian employee of a fire 30 department whether paid or volunteer, by a person who knows 31 that the person against whom the assault is committed is a 32 peace officer, jailer, correctional staff, member or employee 33 of the board of parole, health care provider, employee of 34 the department of human services, employee of the department 35 -4- LSB 2506SV (1) 89 as/rh 4/ 12
S.F. 534 of revenue, or fire fighter, is a serious an aggravated 1 misdemeanor. 2 Sec. 7. Section 708.7, subsection 2, paragraph a, Code 2021, 3 is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (4) Commits harassment against another 5 person who is lawfully in a place of public accommodation. 6 Sec. 8. Section 716.4, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. Criminal mischief is criminal mischief in the second 9 degree if the any of the following apply: 10 a. The cost of replacing, repairing, or restoring the 11 property that is damaged, defaced, altered, or destroyed 12 exceeds one thousand five hundred dollars but does not exceed 13 ten thousand dollars. 14 b. The acts damage, deface, alter, or destroy any publicly 15 owned property, including a monument or a statue. In addition 16 to any sentence imposed for a violation of this paragraph, the 17 court shall include an order of restitution for any property 18 damage or loss incurred as a result of the offense. 19 Sec. 9. Section 723.1, Code 2021, is amended to read as 20 follows: 21 723.1 Riot. 22 A riot is three or more persons assembled together in a 23 violent manner, to the disturbance of disturbing others, and 24 with any use of unlawful force or violence by them or any of 25 them against another person or persons , or causing property 26 damage. A person who willingly joins in or remains a part of a 27 riot, knowing or having reasonable grounds to believe that it 28 is such, commits an aggravated misdemeanor a class “D” felony . 29 Sec. 10. Section 723.2, Code 2021, is amended to read as 30 follows: 31 723.2 Unlawful assembly. 32 An unlawful assembly is three or more persons assembled 33 together, with them or any of them acting in a violent manner, 34 and with intent that they or any of them will commit a public 35 -5- LSB 2506SV (1) 89 as/rh 5/ 12
S.F. 534 offense. A person who willingly joins in or remains a part 1 of an unlawful assembly, knowing or having reasonable grounds 2 to believe that it is such, commits a simple an aggravated 3 misdemeanor. 4 Sec. 11. Section 723.4, Code 2021, is amended by striking 5 the section and inserting in lieu thereof the following: 6 723.4 Disorderly conduct. 7 1. A person commits a simple misdemeanor when the person 8 does any of the following: 9 a. Engages in fighting or violent behavior in any public 10 place or in or near any lawful assembly of persons, provided, 11 that participants in athletic contests may engage in such 12 conduct which is reasonably related to that sport. 13 b. Makes loud and raucous noise in the vicinity of any 14 residence or public building which causes unreasonable distress 15 to the occupants thereof. 16 c. Directs abusive epithets or makes any threatening gesture 17 which the person knows or reasonably should know is likely to 18 provoke a violent reaction by another. 19 d. Without lawful authority or color of authority, the 20 person disturbs any lawful assembly or meeting of persons by 21 conduct intended to disrupt the meeting or assembly. 22 e. By words or action, initiates or circulates a report or 23 warning of fire, epidemic, or other catastrophe, knowing such 24 report to be false or such warning to be baseless. 25 f. (1) Knowingly and publicly uses the flag of the United 26 States in such a manner as to show disrespect for the flag as 27 a symbol of the United States, with the intent or reasonable 28 expectation that such use will provoke or encourage another to 29 commit trespass or assault. 30 (2) As used in this paragraph: 31 (a) “Deface” means to intentionally mar the external 32 appearance. 33 (b) “Defile” means to intentionally make physically unclean. 34 (c) “Flag” means a piece of woven cloth or other material 35 -6- LSB 2506SV (1) 89 as/rh 6/ 12
S.F. 534 designed to be flown from a pole or mast. 1 (d) “Mutilate” means to intentionally cut up or alter so as 2 to make imperfect. 3 (e) “Show disrespect” means to deface, defile, mutilate, or 4 trample. 5 (f) “Trample” means to intentionally tread upon or 6 intentionally cause a machine, vehicle, or animal to tread 7 upon. 8 (3) This paragraph does not apply to a flag retirement 9 ceremony conducted pursuant to federal law. 10 2. A person commits a serious misdemeanor when the person, 11 without lawful authority or color of authority, obstructs any 12 street, sidewalk, highway, or other public way, with the intent 13 to prevent or hinder its lawful use by others. 14 3. A person commits an aggravated misdemeanor when the 15 person commits disorderly conduct as described in subsection 2 16 and does any of the following: 17 a. Obstructs or attempts to obstruct a fully 18 controlled-access facility on a highway, street, or road in 19 which the speed restriction is controlled by section 321.285, 20 subsection 3 or 5. 21 b. Commits property damage. 22 c. Is present during an unlawful assembly as defined in 23 section 723.2. 24 4. A person commits a class “D” felony when the person 25 commits disorderly conduct as described in subsection 2 and 26 does any of the following: 27 a. Is present during a riot as defined in section 723.1. 28 b. Causes bodily injury. 29 5. A person commits a class “C” felony when the person 30 commits disorderly conduct as described in subsection 2 and the 31 person causes serious bodily injury or death. 32 Sec. 12. Section 804.21, Code 2021, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 7. Notwithstanding any other provision in 35 -7- LSB 2506SV (1) 89 as/rh 7/ 12
S.F. 534 this section: 1 a. A defendant arrested for the offense of criminal 2 mischief, as defined in section 716.4, subsection 1, paragraph 3 “b” ; rioting, as defined in section 723.1; unlawful assembly, as 4 defined in section 723.2; or disorderly conduct, as defined in 5 section 723.4, subsections 2 and 3, shall be held for at least 6 twenty-four hours after the time of the arrest. The court 7 may, however, release the defendant in less than twenty-four 8 hours if the court finds that the defendant is not likely 9 to immediately resume the criminal behavior based on the 10 circumstances of the arrest and the defendant’s prior criminal 11 history, if any. 12 b. The findings of the court shall be reduced to writing. 13 The written findings shall be attached to the warrant and be 14 preserved as a permanent part of the record. The arresting 15 officer shall make official note of the time of the arrest in 16 order to establish the beginning of the twenty-four-hour period 17 required by this subsection. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to law enforcement and certain criminal 22 offenses, and provides penalties. 23 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL 24 OF RIGHTS. The bill provides that an officer who has suffered 25 any injury, physical or otherwise, during the performance of 26 official duties or directly related to the officer’s status as 27 an officer, including due to a person knowingly filing a false 28 complaint against the officer, shall have the right to pursue 29 civil remedies under the law against any person, group of 30 persons, or organization or corporation including the head of 31 an organization or corporation, for damages including but not 32 limited to actual damages, court costs, and reasonable attorney 33 fees. 34 IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN VEHICLE OPERATORS. 35 -8- LSB 2506SV (1) 89 as/rh 8/ 12
S.F. 534 The bill provides that the driver of a vehicle who is 1 exercising due care and who injures another person who is 2 participating in a protest, demonstration, riot, or unlawful 3 assembly or who is engaging in disorderly conduct and is 4 blocking traffic in a public street or highway is immune from 5 civil liability for the injury. The driver shall not be immune 6 from civil liability if the actions leading to the injury 7 constitute reckless or willful misconduct. The bill shall 8 not apply if the injured person participating in a protest or 9 demonstration was doing so with a valid permit allowing persons 10 to protest or demonstrate on the public street or highway where 11 the injury occurred. 12 COUNTY RECORDER FILING FEE. The bill provides that a 13 county recorder shall collect an additional fee of $1 for 14 each recorded transaction for which a fee is paid under Code 15 section 331.604(1), which may be used for implementing and 16 maintaining a process for redacting the names of any state or 17 federal judicial officer, state or federal prosecutor, or law 18 enforcement officer contained in electronic documents that are 19 displayed for public access through an internet site. 20 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE. The bill 21 provides that a peer support group counselor who obtains 22 information from an officer or a civilian employee of a law 23 enforcement agency or fire department shall not be allowed, in 24 giving testimony, to disclose any confidential communication 25 properly entrusted to the counselor by the officer or civilian 26 employee while receiving counseling. The officer or civilian 27 employee may consent to the disclosure. 28 ASSAULTS. The bill adds intentionally pointing a laser 29 emitting a visible light beam at another person with the 30 intent to cause pain or injury to another to the definition of 31 assault. This definition does not apply to a law enforcement 32 officer who uses a laser in discharging or attempting to 33 discharge the officer’s official duties, to a health care 34 professional who uses a laser in providing services or to any 35 -9- LSB 2506SV (1) 89 as/rh 9/ 12
S.F. 534 other person who is licensed or authorized by law to use a 1 laser or uses it in the performance of the person’s official 2 duties, or to a person who uses a laser to play tag, paintball, 3 and other similar games using light-emitting diode technology. 4 The bill amends Code section 708.3A relating to assaults 5 on persons engaged in certain occupations by adding a civil 6 employee of a law enforcement agency and a civil employee of 7 a fire department to the list of persons engaged in certain 8 occupations against whom an assault is committed and increasing 9 the penalties for violations of the Code section. A person who 10 commits an assault against any of the persons listed in the 11 Code section with the intent to inflict a serious injury, or 12 who uses or displays a dangerous weapon in connection with the 13 assault, commits a class “C” felony; a person who commits an 14 assault against any of the persons listed in the Code section 15 who uses or displays a dangerous weapon in connection with the 16 assault commits a class “C” felony; a person who commits an 17 assault which causes bodily injury or mental illness commits a 18 class “D” felony, with a mandatory minimum term of imprisonment 19 of one year; and a person who commits any other assault commits 20 an aggravated misdemeanor. 21 HARASSMENT. The bill provides that a person commits 22 harassment in the first degree when the person commits 23 harassment against another person who is lawfully in a place 24 of public accommodation. Harassment in the first degree is an 25 aggravated misdemeanor. 26 CRIMINAL MISCHIEF IN THE SECOND DEGREE. The bill provides 27 that acts of a person which damage, deface, alter, or destroy 28 any publicly owned property, including a monument or statue, is 29 criminal mischief in the second degree. Criminal mischief in 30 the second degree is a class “D” felony. 31 RIOT CRIMES. The bill increases the penalty for a riot crime 32 from an aggravated misdemeanor to a class “D” felony. 33 UNLAWFUL ASSEMBLY. The bill increases the penalty for 34 unlawful assembly from a simple misdemeanor to an aggravated 35 -10- LSB 2506SV (1) 89 as/rh 10/ 12
S.F. 534 misdemeanor. 1 DISORDERLY CONDUCT. Current law provides that all 2 violations of Code section 723.4 (disorderly conduct) are 3 simple misdemeanors. The bill amends Code section 723.4 by 4 providing additional criminal penalties greater than a simple 5 misdemeanor for additional acts of disorderly conduct. 6 The bill provides that a person commits a serious 7 misdemeanor when the person, without lawful authority or 8 color of authority, obstructs or attempts to obstruct any 9 street, sidewalk, highway, or other public way, or obstructs or 10 attempts to obstruct any business, business drive, parking lot, 11 or business access, with the intent to prevent or hinder its 12 lawful use by others. 13 The bill provides that a person commits an aggravated 14 misdemeanor when the person, without lawful authority or color 15 of authority, obstructs any street, sidewalk, highway, or other 16 public way with the intent to prevent or hinder its lawful use 17 by others and does any of the following: obstructs or attempts 18 to obstruct a fully controlled-access facility or a highway, 19 street, or road in which a speed restriction is controlled 20 under Code section 321.285(3) or (5); commits property damage; 21 or is present during an unlawful assembly, as defined in Code 22 section 723.2. 23 The bill provides that a person commits a class “D” 24 felony when the person, without lawful authority or color of 25 authority, obstructs any street, sidewalk, highway, or other 26 public way with the intent to prevent or hinder its lawful use 27 by others and is present during a riot, as defined in Code 28 section 723.1; or causes bodily injury. 29 The bill provides that a person commits a class “C” 30 felony when the person, without lawful authority or color of 31 authority, obstructs any street, sidewalk, highway, or other 32 public way with the intent to prevent its unlawful use by 33 others and serious injury or death results. 34 ARREST BY WARRANT —— CERTAIN CRIMES —— HOLDING PERIOD. The 35 -11- LSB 2506SV (1) 89 as/rh 11/ 12
S.F. 534 bill provides that a defendant arrested for criminal mischief 1 in the second degree for an act that damages, defaces, alters, 2 or destroys any publicly owned property including a monument or 3 statue; for rioting; unlawful assembly; or disorderly conduct 4 shall not be released within 24 hours of the time of arrest. 5 The court may release the defendant in less than 24 hours if 6 the court finds that the defendant is not likely to immediately 7 resume the criminal behavior based on the circumstances of the 8 arrest and the defendant’s criminal history. Court findings 9 shall be in writing and shall be attached to the warrant. 10 PENALTY PROVISIONS. A class “C” felony is punishable 11 by confinement for no more than 10 years and a fine of at 12 least $1,370 but not more than $13,660. A class “D” felony 13 is punishable by confinement for no more than five years 14 and a fine of at least $1,025 but not more than $10,245. An 15 aggravated misdemeanor is punishable by confinement for no more 16 than two years and a fine of at least $855 but not more than 17 $8,540. A serious misdemeanor is punishable by confinement for 18 no more than one year and a fine of at least $430 but not more 19 than $2,560. 20 -12- LSB 2506SV (1) 89 as/rh 12/ 12