Senate Study Bill 1140 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to certain public safety, public employment, 1 and law enforcement matters, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1165XL (16) 89 as/rh

S.F. _____ H.F. _____ Section 1. NEW SECTION . 8.31A Denial of state funds. 1 1. Notwithstanding any other provision of law to the 2 contrary, a local entity, including any entity under the 3 jurisdiction of the local entity, shall be ineligible to 4 receive any state funds if the local entity reduces the budget 5 of a law enforcement agency under the jurisdiction of the local 6 entity unless the total budget of the local entity is reduced 7 by an equal or larger percentage or the local entity provides 8 sufficient justification under subsection 4. 9 2. State funds shall be denied to a local entity pursuant to 10 subsection 1 by all state agencies for each state fiscal year 11 that begins after the fiscal year in which the law enforcement 12 agency’s budget is reduced. State funds shall continue to be 13 denied until eligibility to receive state funds is reinstated 14 under section 8.31. However, any state funds for law 15 enforcement purposes shall not be denied under this section. 16 3. A local entity's eligibility to receive state funds shall 17 be reinstated beginning on the first day of the month following 18 the date on which the local entity’s budget is no longer in 19 violation of this section. 20 4. a. A local entity may submit written justification to 21 the department of management for any reductions in the local 22 entity’s law enforcement budget. Sufficient justification may 23 include any of the following: 24 (1) Reductions related to one-time capital or one-time 25 equipment or vehicle purchases in the prior fiscal year. 26 (2) Reductions related to lower personnel cost of law 27 enforcement personnel due only to lower cost entry-level 28 law enforcement personnel replacing prior law enforcement 29 personnel. 30 (3) Reductions due to the merging or consolidation of jail 31 services or communications and dispatch services or the merging 32 of law enforcement agencies. 33 (4) Reductions due to reduced population in a jurisdiction 34 served by a law enforcement agency. 35 -1- LSB 1165XL (16) 89 as/rh 1/ 28

S.F. _____ H.F. _____ b. Notwithstanding any other provision of the Code, detailed 1 information shall be required by any local entity, as described 2 in rules, for any necessary budgetary information. 3 5. The department of management shall adopt rules pursuant 4 to chapter 17A to implement this section uniformly across 5 state agencies from which state funds are distributed to local 6 entities. 7 6. For purposes of this section, “local entity” means the 8 governing body of a city or county. “Local entity” includes 9 an officer or employee of a local entity or a division, 10 department, or other body that is part of a local entity, 11 including but not limited to a sheriff, police department, city 12 attorney, or county attorney. 13 Sec. 2. Section 20.1, subsection 2, paragraph a, Code 2021, 14 is amended to read as follows: 15 a. Determining appropriate bargaining units , amending 16 the composition of previously determined bargaining units 17 represented by a certified employee organization, reconsidering 18 and altering the composition of previously determined 19 bargaining units which are not represented by a certified 20 employee organization, and conducting representation elections. 21 Sec. 3. Section 20.3, subsection 11, Code 2021, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . g. A peace officer employed by a regents 24 institution. 25 Sec. 4. Section 20.13, Code 2021, is amended to read as 26 follows: 27 20.13 Bargaining unit determination , amendment, and 28 reconsideration . 29 1. Board The board’s determination of an appropriate 30 bargaining unit shall be upon petition filed by a public 31 employer, public employee, or employee organization. Except 32 as provided in subsection 4, the board’s amendment of the 33 composition of a represented bargaining unit shall be upon 34 petition filed by the employer or certified representative 35 -2- LSB 1165XL (16) 89 as/rh 2/ 28

S.F. _____ H.F. _____ of the bargaining unit. The board’s reconsideration of the 1 composition of a previously determined bargaining unit which is 2 not represented by a certified representative shall be upon the 3 combined petition of an employee organization which also seeks 4 a representation election pursuant to section 20.14, subsection 5 2. 6 2. Within thirty days of receipt of a petition, the board 7 shall conduct a public hearing, receive written or oral 8 testimony, and promptly thereafter file an order defining 9 the appropriate bargaining unit , amending or refusing to 10 amend the composition of a represented bargaining unit or 11 reconsidering and altering or refusing to alter the composition 12 of an unrepresented bargaining unit . In defining the unit, 13 or determining whether a unit should be amended or altered 14 in response to a petition for amendment or reconsideration, 15 the board shall take into consideration, along with other 16 relevant factors, the principles of efficient administration 17 of government, the existence of a community of interest among 18 public employees, the history and extent of public employee 19 organization, geographical location, and the recommendations 20 of the parties involved. 21 3. Appeals from such order shall be governed by the 22 provisions of chapter 17A . 23 4. 3. Professional and nonprofessional employees shall not 24 be included in the same bargaining unit unless a majority of 25 both agree. 26 4. Notwithstanding the provisions of subsection 1, a 27 petition to amend the composition of a represented bargaining 28 unit by the removal of public safety employees may be filed 29 by a public safety employee who is a member of the bargaining 30 unit. If the petition is accompanied by evidence satisfactory 31 to the board that the public safety employees in the bargaining 32 unit do not constitute at least thirty percent of the employees 33 in the unit and that a majority of the public safety employees 34 in the unit support the petition, the board shall conduct 35 -3- LSB 1165XL (16) 89 as/rh 3/ 28

S.F. _____ H.F. _____ a hearing within thirty days of its finding such evidence 1 satisfactory and shall promptly thereafter issue an order 2 granting or denying the requested amendment. If the board 3 amends the composition of the bargaining unit by removing 4 public safety employees, those employees may immediately be the 5 subject of a separate bargaining unit determination petition 6 filed in accordance with subsection 1. 7 5. Appeals from such orders shall be governed by the 8 provisions of chapter 17A. 9 Sec. 5. Section 80E.1, Code 2021, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4. The governor’s office of drug control 12 policy shall not expend any moneys received from any state or 13 federal grants to a local entity that reduces the budget of 14 a law enforcement agency under the jurisdiction of the local 15 entity unless the total budget of the local entity is reduced 16 by an equal or larger percentage. However, any moneys for law 17 enforcement purposes shall not be denied under this section. 18 For purposes of this subsection, “local entity” means the 19 governing body of a city or county. 20 Sec. 6. Section 80F.1, subsection 13, Code 2021, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 13. An officer who has suffered any injury, personal 24 or otherwise, during the performance of official duties 25 or directly related to the officer’s status as an officer, 26 including due to a person knowingly filing a false complaint 27 against the officer, shall have the right to pursue civil 28 remedies under the law against any person, group of persons, 29 organization, corporation, or the head of an organization or 30 corporation, for damages including but not limited to actual 31 damages, court costs, and reasonable attorney fees. 32 Sec. 7. NEW SECTION . 80I.1 Purpose —— construction. 33 It is the purpose of this chapter to prohibit disparate 34 treatment in law enforcement, including racial and ethnic 35 -4- LSB 1165XL (16) 89 as/rh 4/ 28

S.F. _____ H.F. _____ profiling, to foster trust and cooperation with law enforcement 1 in Iowa communities and to create a safer state for all Iowans. 2 Sec. 8. NEW SECTION . 80I.2 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Board” means the justice and community policing advisory 6 board established in section 216A.132. 7 2. “Disparate treatment” means differential treatment of 8 a person on the basis of personal demographics. “Disparate 9 treatment” does not include reliance on a specific subject 10 description-based identification. 11 3. “Law enforcement activities” means activities performed 12 by law enforcement officers including but not limited to 13 noncustodial questioning; interviews; vehicle, bicycle, 14 pedestrian, check point and roadblock stops; frisks and 15 other types of body searches; consensual and nonconsensual 16 searches of a person or the property of a person; consensual 17 and nonconsensual home searches; and in-person or electronic 18 contact with potential victims of and witnesses to a crime. 19 With regard to vehicle, bicycle, and pedestrian stops, “law 20 enforcement activities” includes not only law enforcement 21 actions that occur when initiating a stop but also law 22 enforcement actions that occur during the course of a 23 stop, including asking questions, frisks, consensual and 24 nonconsensual searches of a person or any property of a person, 25 seizing any property, removing occupants from a motor vehicle 26 during a traffic stop, issuing a warning or citation, and 27 making an arrest. 28 4. “Law enforcement agency” means any agency, department, or 29 division of a municipal corporation, political subdivision, or 30 other unit of local government of this state, and any agency, 31 department, or division of state government, having as its 32 primary function the prevention and detection of crime and the 33 enforcement of the criminal laws of this state. 34 5. “Law enforcement officer” means the same as defined in 35 -5- LSB 1165XL (16) 89 as/rh 5/ 28

S.F. _____ H.F. _____ section 80B.3. 1 6. “Law enforcement services” means activities that 2 contribute to the overall well-being and safety of the 3 public to include but not be limited to crime prevention and 4 investigation, preventative patrols, traffic control, traffic 5 accident response, medical emergency services and lifesaving 6 services, assistance at fire scenes, and public information and 7 education. 8 7. “Personal demographics” means personal characteristics 9 which include but are not limited to race, creed, color, 10 national origin, ethnicity, religion, sex, gender identity or 11 expression, sexual orientation, physical or mental disability, 12 or any other identifiable characteristics. 13 8. “Specific subject description-based identification” 14 means a reasonably detailed description of a specific person 15 including personal identifying characteristics of a potential 16 suspect or victim, including personal demographics. 17 9. “Stop” means the detention or temporary detention of 18 a person by a law enforcement officer, regardless of whether 19 a written warning or ticket is issued, an arrest is made, 20 a verbal warning is given, or the person is released from 21 detention or temporary detention. 22 Sec. 9. NEW SECTION . 80I.3 Disparate treatment prohibited. 23 1. A state or local law enforcement officer or civilian 24 employee of a law enforcement agency performing law enforcement 25 activities or delivering law enforcement services shall not 26 engage in the disparate treatment of any person. 27 2. A law enforcement officer shall not engage in disparate 28 treatment when detaining a person, conducting a stop, or 29 engaging in any other interactions with a person subsequent to 30 a stop. 31 Sec. 10. NEW SECTION . 80I.4 Data collection and reporting. 32 1. Each state and local law enforcement agency shall 33 collect and compile data on every stop conducted by a law 34 enforcement officer during a calendar year, and shall submit 35 -6- LSB 1165XL (16) 89 as/rh 6/ 28

S.F. _____ H.F. _____ an annual report, no later than November 1, to the division of 1 criminal and juvenile justice planning of the department of 2 human rights. The following information shall be collected, 3 compiled, and reported when a law enforcement officer stops a 4 person and requests the person’s identification: 5 a. The time, date, and location of the stop. 6 b. The nature of the alleged law violation that resulted in 7 the stop. 8 c. Whether an arrest was made. 9 d. Whether a search was conducted as a result of the stop. 10 e. Whether an oral or written warning was given or a 11 citation was issued. 12 f. The offense the person was arrested for, if applicable. 13 g. The identifying characteristics of the person including 14 the person’s race or ethnicity, sex, and age. 15 h. Any other information which the law enforcement officer 16 or law enforcement agency considers appropriate. 17 2. In consultation with law enforcement agencies, the 18 board, the department of public safety, and the division of 19 criminal and juvenile justice planning of the department of 20 human rights shall develop a uniform manner for each law 21 enforcement agency to report the information described in 22 subsection 1. 23 Sec. 11. NEW SECTION . 80I.5 Data analysis. 24 The division of criminal and juvenile justice planning of 25 the department of human rights shall compile all data reported 26 pursuant to section 80I.4, analyze the data in a timely manner, 27 and provide an analysis of the data along with the compiled 28 data to the board no later than December 1 of each year. The 29 report shall be accessible to the public from a prominent place 30 on the board’s website. 31 Sec. 12. NEW SECTION . 80I.6 Investigations —— civil 32 remedies. 33 1. A law enforcement agency shall investigate all alleged 34 violations of section 80I.3 administratively, including through 35 -7- LSB 1165XL (16) 89 as/rh 7/ 28

S.F. _____ H.F. _____ the law enforcement agency’s human resource office or internal 1 affairs office. 2 2. A person shall have the right to pursue civil remedies 3 under chapters 669 and 670 for violations of section 80I.3. 4 Sec. 13. Section 216A.3, subsection 2, paragraph a, Code 5 2021, is amended to read as follows: 6 a. The voting members shall consist of nine voting members 7 selected by each of the permanent commissions within the 8 department, and two voting members, appointed by the governor. 9 For purposes of this paragraph “a” , “permanent commissions” 10 means the commission of Latino affairs, commission on the 11 status of women, commission of persons with disabilities, 12 commission on community action agencies, commission of deaf 13 services, justice and community policing advisory board, 14 commission on the status of African Americans, commission of 15 Asian and Pacific Islander affairs, and commission of Native 16 American affairs. The term of office for voting members is 17 four years. 18 Sec. 14. Section 216A.131, subsection 2, Code 2021, is 19 amended to read as follows: 20 2. “Board” means the justice and community policing advisory 21 board. 22 Sec. 15. Section 216A.132, subsection 1, Code 2021, is 23 amended by striking the subsection and inserting in lieu 24 thereof the following: 25 1. A justice and community policing advisory board is 26 established consisting of thirty-two members who shall all 27 reside in the state. 28 a. The governor shall appoint thirteen voting members 29 each for a four-year term beginning and ending as provided in 30 section 69.19 and subject to confirmation by the senate as 31 follows: 32 (1) A sheriff who is a member of the Iowa state sheriffs’ 33 and deputies’ association. 34 (2) A chief of police who is a member of the Iowa police 35 -8- LSB 1165XL (16) 89 as/rh 8/ 28

S.F. _____ H.F. _____ chiefs association. 1 (3) A peace officer who is a member of the Iowa peace 2 officers association. 3 (4) A peace officer who is a member of the fraternal order 4 of police. 5 (5) A peace officer who is a member of the Iowa state police 6 association. 7 (6) A representative from the Iowa-Nebraska national 8 association for the advancement of colored people. 9 (7) A representative from the American civil liberties 10 union of Iowa. 11 (8) A representative from the Iowa coalition for collective 12 change. 13 (9) One person who was formerly under juvenile court or 14 correctional supervision. 15 (10) A representative from the office of the state public 16 defender. 17 (11) A representative from the Iowa county attorneys 18 association. 19 (12) Two persons representing the general public who are 20 not employed in any law enforcement, judicial, or corrections 21 capacity, including one person who is older than fifteen years 22 of age but less than twenty-five years of age. 23 b. The following shall serve on the board as ex officio, 24 nonvoting members: 25 (1) The chairperson of the commission on the status of 26 African Americans or its designee. 27 (2) The chairperson of the commission of Latino affairs or 28 its designee. 29 (3) The chairperson of the commission of Asian and Pacific 30 Islander affairs or its designee. 31 (4) The chairperson of the commission of Native American 32 affairs or its designee. 33 (5) The director of the department of human services or its 34 designee. 35 -9- LSB 1165XL (16) 89 as/rh 9/ 28

S.F. _____ H.F. _____ (6) The director of the department of public health or its 1 designee. 2 (7) The commissioner of the department of public safety or 3 its designee. 4 (8) The director of the Iowa law enforcement academy or its 5 designee. 6 (9) The director of the department of corrections or its 7 designee. 8 (10) The chairperson of the board of parole or its designee. 9 (11) The attorney general or its designee. 10 (12) The director of the governor’s office of drug control 11 policy or its designee. 12 (13) One member representing the judicial district 13 departments of correctional services designated by a majority 14 of the directors of the judicial district departments of 15 correctional services. 16 (14) The chief justice of the supreme court shall designate 17 the following: 18 (a) One member who is a district judge. 19 (b) One member who is either a district associate judge or 20 associate juvenile judge. 21 (15) The chairperson and ranking member of the senate 22 committee on judiciary shall be ex officio, nonvoting members. 23 In alternating two-year terms, beginning and ending as provided 24 in section 69.16B, the chairperson and ranking member of the 25 house committee on judiciary or of the house committee on 26 public safety shall be ex officio, nonvoting members, with the 27 chairperson and ranking member of the house committee on public 28 safety serving during the term beginning in January 2022. 29 Sec. 16. Section 216A.133, subsection 3, paragraph o, Code 30 2021, is amended by adding the following new subparagraph: 31 NEW SUBPARAGRAPH . (9) Potential disparity in law 32 enforcement activities and the delivery of law enforcement 33 services. 34 Sec. 17. Section 216A.133, subsection 3, Code 2021, is 35 -10- LSB 1165XL (16) 89 as/rh 10/ 28

S.F. _____ H.F. _____ amended by adding the following new paragraphs: 1 NEW PARAGRAPH . s. Studying and making recommendations for 2 eliminating disparity in law enforcement activities and the 3 delivery of law enforcement services. 4 NEW PARAGRAPH . t. Recommending to the department the 5 adoption of rules pursuant to chapter 17A as it deems necessary 6 for the collection, compilation, and reporting of stop data 7 pursuant to section 80I.4. 8 Sec. 18. Section 216A.135, subsection 2, Code 2021, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . g. An assessment and analysis of the 11 collection, compilation, and reporting of stop data compiled by 12 law enforcement agencies, including an analysis of disparate 13 treatment based on personal demographics across geographic 14 areas of the state, the past and current status of racial 15 profiling across the state, and the impact on law enforcement 16 stop, search, and seizure tactics. 17 Sec. 19. NEW SECTION . 321.182A Application for driver’s 18 license or nonoperator’s identification card —— race and 19 ethnicity. 20 1. The department shall request that a person who applies 21 for a driver’s license or nonoperator’s identification 22 card or for renewal of a driver’s license or nonoperator’s 23 identification card disclose and specify the person’s race or 24 ethnicity, each of which may be disclosed and specified to the 25 department at the person’s discretion. 26 2. Prior to January 15, 2023, and prior to January 15 of 27 each year thereafter, the department shall submit a report 28 to the general assembly detailing the number of driver’s 29 license and nonoperator’s identification card holders who 30 have disclosed and specified a race or ethnicity pursuant to 31 subsection 1. 32 3. The department shall electronically maintain as part 33 of a person’s record, and in the machine-readable portion of 34 the driver’s license or nonoperator’s identification card, the 35 -11- LSB 1165XL (16) 89 as/rh 11/ 28

S.F. _____ H.F. _____ race and ethnicity information obtained by the department, but 1 shall not include such information on the face of the person’s 2 driver’s license or nonoperator’s identification card. Race 3 and ethnicity information collected by the department shall 4 be accessible by an officer or employee of a law enforcement 5 agency for use in carrying out the agency’s functions as 6 permitted by law, but shall be considered confidential 7 information and is not a public record or otherwise subject 8 to disclosure under chapter 22. The department shall not 9 otherwise release race and ethnicity information collected 10 under this section except to any of the following: 11 a. The justice and community policing advisory board 12 established in section 216A.132. 13 b. The state court administrator for use in carrying out the 14 administrator’s functions as permitted by law. 15 c. The division of criminal and juvenile justice planning of 16 the department of human rights for use in research activities 17 and in producing statistical reports and analysis as permitted 18 by law. 19 4. For the collection of race and ethnicity information 20 pursuant to this section, the department shall follow, to 21 the extent practicable, the race and ethnicity categories, 22 descriptors, and standards utilized by the United States census 23 bureau. 24 5. The department may adopt rules to administer this 25 section. 26 Sec. 20. Section 321.366, subsection 1, Code 2021, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . g. Operate a bicycle, skateboard, or other 29 pedestrian conveyance or be a pedestrian anywhere on the fully 30 controlled-access facility. For purposes of this paragraph, 31 “pedestrian conveyance” means any human-powered device by which 32 a pedestrian may move other than by walking or by which a 33 walking person may move another pedestrian, including but not 34 limited to strollers and wheelchairs. 35 -12- LSB 1165XL (16) 89 as/rh 12/ 28

S.F. _____ H.F. _____ Sec. 21. Section 331.604, subsection 3, paragraph b, 1 subparagraph (3), Code 2021, is amended by adding the following 2 new subparagraph division: 3 NEW SUBPARAGRAPH DIVISION . (c) Implementing and 4 maintaining a process for redacting the names of any law 5 enforcement officer, as defined in section 80B.3, or state 6 or federal judicial officer or state or federal prosecutor 7 contained in electronic documents that are displayed for public 8 access through an internet site. 9 Sec. 22. Section 622.10, subsection 9, paragraphs a and b, 10 Code 2021, are amended to read as follows: 11 a. A peer support group counselor who obtains information 12 from an officer or a civilian employee of a law enforcement 13 agency or fire department by reason of the counselor’s capacity 14 as a peer support group counselor shall not be allowed, in 15 giving testimony, to disclose any confidential communication 16 properly entrusted to the counselor by the officer or civilian 17 employee while receiving counseling. 18 b. The prohibition in this subsection does not apply 19 where the officer or civilian employee has consented to the 20 disclosure of the information specified in paragraph “a” 21 or where the peer support group counselor was an initial 22 responding officer, a witness, or a party to the incident which 23 prompted the delivery of peer support group counseling services 24 to the officer or civilian employee . 25 Sec. 23. Section 708.1, subsection 2, Code 2021, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . d. (1) Intentionally points a laser 28 emitting a visible light beam at another person with the intent 29 to cause pain or injury to another. For purposes of this 30 paragraph, “laser” means a device that emits a visible light 31 beam amplified by the stimulated emission of radiation and any 32 light which simulates the appearance of a laser. 33 (2) This paragraph does not apply to any of the following: 34 (a) A law enforcement officer who uses a laser in 35 -13- LSB 1165XL (16) 89 as/rh 13/ 28

S.F. _____ H.F. _____ discharging or attempting to discharge the officer’s official 1 duties. 2 (b) A health care professional who uses a laser in providing 3 services within the scope of practice of that professional or 4 any other person who is licensed or authorized by law to use a 5 laser or who uses a laser in the performance of the person’s 6 official duties. 7 (c) A person who uses a laser to play laser tag, paintball, 8 and other similar games using light-emitting diode technology. 9 Sec. 24. Section 708.3A, subsections 1, 2, 3, and 4, Code 10 2021, are amended to read as follows: 11 1. A person who commits an assault, as defined in section 12 708.1 , against a peace officer, civilian employee of a law 13 enforcement agency, jailer, correctional staff, member or 14 employee of the board of parole, health care provider, employee 15 of the department of human services, employee of the department 16 of revenue, or fire fighter, whether paid or volunteer, or 17 civilian employee of a fire department, with the knowledge 18 that the person against whom the assault is committed is a 19 peace officer, civilian employee of a law enforcement agency, 20 jailer, correctional staff, member or employee of the board 21 of parole, health care provider, employee of the department 22 of human services, employee of the department of revenue, 23 or fire fighter , or civilian employee of a fire department, 24 and with the intent to inflict a serious injury upon the 25 peace officer, civilian employee of a law enforcement agency, 26 jailer, correctional staff, member or employee of the board of 27 parole, health care provider, employee of the department of 28 human services, employee of the department of revenue, or fire 29 fighter, or civilian employee of a fire department, is guilty 30 of a class “D” “C” felony , with a mandatory minimum term of 31 imprisonment of two years . 32 2. A person who commits an assault, as defined in section 33 708.1 , against a peace officer, civilian employee of a law 34 enforcement agency, jailer, correctional staff, member 35 -14- LSB 1165XL (16) 89 as/rh 14/ 28

S.F. _____ H.F. _____ or employee of the board of parole, health care provider, 1 employee of the department of human services, employee of 2 the department of revenue, or fire fighter, whether paid or 3 volunteer, or civilian employee of a fire department, who knows 4 that the person against whom the assault is committed is a 5 peace officer, civilian employee of a law enforcement agency, 6 jailer, correctional staff, member or employee of the board 7 of parole, health care provider, employee of the department 8 of human services, employee of the department of revenue, or 9 fire fighter , or civilian employee of a fire department, and 10 who uses or displays a dangerous weapon in connection with the 11 assault, is guilty of a class “D” “C” felony. 12 3. A person who commits an assault, as defined in section 13 708.1 , against a peace officer, a civilian employee of a 14 law enforcement agency, jailer, correctional staff, member 15 or employee of the board of parole, health care provider, 16 employee of the department of human services, employee of 17 the department of revenue, or fire fighter, whether paid or 18 volunteer, or civilian employee of a fire department, who knows 19 that the person against whom the assault is committed is a 20 peace officer, a civilian employee of a law enforcement agency, 21 jailer, correctional staff, member or employee of the board 22 of parole, health care provider, employee of the department 23 of human services, employee of the department of revenue, or 24 fire fighter, or civilian employee of a fire department, and 25 who causes bodily injury or mental illness, is guilty of an 26 aggravated misdemeanor a class “D” felony, with a mandatory 27 minimum term of imprisonment of one year . 28 4. Any other assault, as defined in section 708.1 , committed 29 against a peace officer, civilian employee of a law enforcement 30 agency, jailer, correctional staff, member or employee of 31 the board of parole, health care provider, employee of the 32 department of human services, employee of the department of 33 revenue, or fire fighter, or civilian employee of a fire 34 department whether paid or volunteer, by a person who knows 35 -15- LSB 1165XL (16) 89 as/rh 15/ 28

S.F. _____ H.F. _____ that the person against whom the assault is committed is a 1 peace officer, jailer, correctional staff, member or employee 2 of the board of parole, health care provider, employee of 3 the department of human services, employee of the department 4 of revenue, or fire fighter, is a serious an aggravated 5 misdemeanor. 6 Sec. 25. Section 708.7, subsection 2, paragraph a, Code 7 2021, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (4) Commits harassment against another 9 person who is lawfully in a place of public accommodation. 10 Sec. 26. NEW SECTION . 708.7A Bias-motivated harassment of 11 persons engaged in certain occupations. 12 1. A person commits bias-motivated harassment when the 13 person maliciously, and with the intent to intimidate, annoy, 14 or alarm another person because of that person’s actual or 15 perceived employment as a peace officer, civilian employee of 16 a law enforcement agency, jailer, correctional staff, member 17 or employee of the board of parole, health care provider, 18 employee of the department of human services, employee of the 19 department of revenue, fire fighter, whether paid or volunteer, 20 or civilian employee of a fire department causes any of the 21 following: 22 a. Death or serious bodily harm to another person. 23 b. Bodily injury. 24 c. Damage to or destruction of any real or personal property 25 of another person without permission and the amount of damage 26 to the property exceeds seven hundred fifty dollars or the 27 value of the property exceeds seven hundred fifty dollars. 28 2. a. A person who commits bias-motivated harassment in 29 violation of subsection 1, paragraph “a” , is guilty of a class 30 “C” felony. 31 b. A person who commits bias-motivated harassment in 32 violation of subsection 1, paragraph “b” or “c” , is guilty of a 33 class “D” felony. 34 3. Each violation of this section shall constitute a 35 -16- LSB 1165XL (16) 89 as/rh 16/ 28

S.F. _____ H.F. _____ separate offense and shall not merge with any other crime. 1 4. A sentence imposed under this section shall run 2 consecutive to any sentence for any other offense related to 3 the act or acts establishing an offense of bias-motivated 4 harassment. 5 5. In addition to any sentence imposed for a violation of 6 subsection 1, paragraph “c” , the court shall include an order 7 of restitution for any property damage or loss incurred as a 8 result of the offense. 9 Sec. 27. Section 716.4, subsection 1, Code 2021, is amended 10 to read as follows: 11 1. Criminal mischief is criminal mischief in the second 12 degree if the any of the following apply: 13 a. The cost of replacing, repairing, or restoring the 14 property that is damaged, defaced, altered, or destroyed 15 exceeds one thousand five hundred dollars but does not exceed 16 ten thousand dollars. 17 b. The acts damage, deface, alter, or destroy any publicly 18 owned property, including a monument or a statue. In addition 19 to any sentence imposed for a violation of this paragraph, the 20 court shall include an order of restitution for any property 21 damage or loss incurred as a result of the offense. 22 Sec. 28. Section 723.1, Code 2021, is amended to read as 23 follows: 24 723.1 Riot. 25 A riot is three or more persons assembled together in a 26 violent manner, to the disturbance of others, and with any use 27 of unlawful force or violence by them or any of them against 28 another person, or causing property damage. A person who 29 willingly joins in or remains a part of a riot, knowing or 30 having reasonable grounds to believe that it is such, commits 31 an aggravated misdemeanor a class “D” felony . 32 Sec. 29. Section 723.2, Code 2021, is amended to read as 33 follows: 34 723.2 Unlawful assembly. 35 -17- LSB 1165XL (16) 89 as/rh 17/ 28

S.F. _____ H.F. _____ An unlawful assembly is three or more persons assembled 1 together, with them or any of them acting in a violent manner, 2 and with intent that they or any of them will commit a public 3 offense. A person who willingly joins in or remains a part 4 of an unlawful assembly, knowing or having reasonable grounds 5 to believe that it is such, commits a simple an aggravated 6 misdemeanor. 7 Sec. 30. Section 723.4, Code 2021, is amended by striking 8 the section and inserting in lieu thereof the following: 9 723.4 Disorderly conduct. 10 1. A person commits a simple misdemeanor when the person 11 does any of the following: 12 a. Engages in fighting or violent behavior in any public 13 place or in or near any lawful assembly of persons, provided, 14 that participants in athletic contests may engage in such 15 conduct which is reasonably related to that sport. 16 b. Makes loud and raucous noise in the vicinity of any 17 residence or public building which causes unreasonable distress 18 to the occupants thereof. 19 c. Directs abusive epithets or makes any threatening gesture 20 which the person knows or reasonably should know is likely to 21 provoke a violent reaction by another. 22 d. Without lawful authority or color of authority, the 23 person disturbs any lawful assembly or meeting of persons by 24 conduct intended to disrupt the meeting or assembly. 25 e. By words or action, initiates or circulates a report or 26 warning of fire, epidemic, or other catastrophe, knowing such 27 report to be false or such warning to be baseless. 28 f. (1) Knowingly and publicly uses the flag of the United 29 States in such a manner as to show disrespect for the flag as 30 a symbol of the United States, with the intent or reasonable 31 expectation that such use will provoke or encourage another to 32 commit trespass or assault. 33 (2) As used in this paragraph: 34 (a) “Deface” means to intentionally mar the external 35 -18- LSB 1165XL (16) 89 as/rh 18/ 28

S.F. _____ H.F. _____ appearance. 1 (b) “Defile” means to intentionally make physically unclean. 2 (c) “Flag” means a piece of woven cloth or other material 3 designed to be flown from a pole or mast. 4 (d) “Mutilate” means to intentionally cut up or alter so as 5 to make imperfect. 6 (e) “Show disrespect” means to deface, defile, mutilate, or 7 trample. 8 (f) “Trample” means to intentionally tread upon or 9 intentionally cause a machine, vehicle, or animal to tread 10 upon. 11 (3) This paragraph does not apply to a flag retirement 12 ceremony conducted pursuant to federal law. 13 2. A person commits a serious misdemeanor when the person, 14 without lawful authority or color of authority, obstructs any 15 street, sidewalk, highway, or other public way, with the intent 16 to prevent or hinder its lawful use by others. 17 3. A person commits an aggravated misdemeanor when the 18 person commits disorderly conduct as described in subsection 2 19 and does any of the following: 20 a. Obstructs or attempts to obstruct a fully 21 controlled-access facility on a highway, street, or road in 22 which the speed restriction is controlled by section 321.285, 23 subsection 3 or 5. 24 b. Commits property damage. 25 c. Is present during an unlawful assembly as defined in 26 section 723.2. 27 4. A person commits a class “D” felony when the person 28 commits disorderly conduct as described in subsection 2 and 29 does any of the following: 30 a. Is present during a riot as defined in section 723.1. 31 b. Causes bodily injury. 32 5. A person commits a class “C” felony when the person 33 commits disorderly conduct as described in subsection 2 and the 34 person causes serious bodily injury or death. 35 -19- LSB 1165XL (16) 89 as/rh 19/ 28