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