SSB 3087 (LSB 5545XD (5) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED ATTORNEY GENERAL BILL)

A BILL FOR

An Act relating to the safety of persons in certain professions involved with the judicial system, including authorizing a judicial officer, attorney general, deputy attorney general, or assistant attorney general to be issued a professional permit to carry weapons, and establishing the criminal offenses of threatening and the malicious sharing of personal information of a judicial officer or a judicial officer’s immediate family, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PROFESSIONAL PERMIT TO CARRY WEAPONS

    Section 1.  Section 724.6, subsection 1, paragraph a, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  A person may be issued a permit to carry weapons when the person’s employment in a private investigation business or private security business licensed under chapter 80A, or a person’s employment as a peace officer, correctional officer, judicial officer, county attorney, assistant county attorney, attorney general, deputy attorney general, assistant attorney general, security guard, bank messenger or other person transporting property of a value requiring security, or in police work, reasonably justifies that person going armed.
    Sec. 2.  Section 724.6, subsection 1, paragraph a, subparagraph (4), Code 2026, is amended to read as follows:
   (4)  A person may be issued a permit to carry weapons if the person is a judicial officer, county attorney, or an assistant county attorney, attorney general, deputy attorney general, or assistant attorney general. An application for a permit by an assistant county attorney must be approved by the county attorney of each county in which the applicant serves prior to a permit to carry weapons being issued. An application for a permit by the attorney general or deputy attorney general or by an assistant attorney general shall be delivered to the sheriff for the county in which the applicant resides. The sheriff of the issuing county may require the applicant to complete a proficiency examination prior to issuing the permit to carry weapons. The standards for a proficiency examination for a judicial officer, county attorney, or assistant county attorney, attorney general, deputy attorney general, or assistant attorney general shall not exceed the standards required of a peace officer. The applicant shall pay the reasonable costs associated with completing a proficiency examination.
    Sec. 3.  Section 724.6, subsection 1, paragraphs b, c, and d, Code 2026, are amended to read as follows:
   b.  The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued, other than to a peace officer, judicial officer, county attorney, or assistant county attorney, attorney general, deputy attorney general, or assistant attorney general, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment.
   c.  A permit issued to a certified peace officer, judicial officer, county attorney, or assistant county attorney, attorney general, deputy attorney general, or assistant attorney general shall authorize that peace officer, judicial officer, county attorney, or assistant county attorney, attorney general, deputy attorney general, or assistant attorney general to go armed anywhere in the state at all times, including on the grounds of a school. 
   d.  Permits shall expire twelve months after the date when issued except that permits issued to peace officers, judicial officers, county attorneys, assistant county attorneys, the attorney general, deputy attorneys general, assistant attorneys general, and correctional officers are valid through the holder of the permit’s period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit shall surrender it the permit to the issuing officer for cancellation.
    Sec. 4.  Section 724.6, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Notwithstanding any other provision in this section, a person issued a permit to carry weapons under this section may carry weapons only in a concealed manner when inside a courtroom. This paragraph does not apply to peace officers or correctional officers when fulfilling their duties of employment.
    Sec. 5.  Section 724.6, subsection 3, Code 2026, is amended to read as follows:
   3.  For purposes of this section, “emergency medical care provider”: 
   a.  “Emergency medical care provider” means the same as defined in section 147A.1.
   b.  “Judicial officer” means the same as defined in section 602.1101.
    Sec. 6.  Section 724.6, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  The supreme court may by rule impose additional training or other requirements on judicial officers who hold a permit issued under this section.
DIVISION II
THREATS AGAINST A JUDICIAL OFFICER OR AN IMMEDIATE FAMILY MEMBER OF A JUDICIAL OFFICER

    Sec. 7.  NEW SECTION.  708.17  Threatening a judicial officer or an immediate family member of a judicial officer.
   1.  No person shall threaten a judicial officer or the immediate family member of a judicial officer with the intent to do any of the following:
   a.  Place the judicial officer or the immediate family member of a judicial officer in fear of serious injury to the judicial officer or the immediate family member of the judicial officer.
   b.  Prevent or interrupt the ability of the judicial officer to carry out the judicial officer’s job duties.
   c.  Retaliate against a judicial officer in relation to the performance of the judicial officer’s official duties during the judicial officer’s term of service.
   2.  A person who violates the provisions of this section is guilty of a class “C” felony.
   3.  As used in this section:
   a.  “Immediate family member” means a spouse, child, sibling, parent, grandparent, or grandchild, and includes a stepparent, a stepchild, a stepsibling, or an adoptive relationship.
   b.  “Judicial officer” means the same as defined in section 602.1101.
   c.  “Retaliate” means intentionally threatening bodily injury to or damage to the property of a judicial officer with intent to retaliate against the judicial officer for the judicial officer’s exercise of judicial duties and causing the judicial officer or the family member to reasonably believe that the judicial officer’s or the family member’s person or property is in danger.
DIVISION III
MALICIOUS SHARING OF PERSONAL INFORMATION

    Sec. 8.  NEW SECTION.  708.18  Malicious sharing of personal information of a judicial officer or an immediate family member of a judicial officer.
   1.  No person shall share the personal information of a judicial officer or the immediate family member of a judicial officer with the intent to do any of the following:
   a.  Cause harm to the judicial officer or the immediate family member of a judicial officer.
   b.  Place the judicial officer or the immediate family member of a judicial officer in fear of serious harm to the judicial officer or to an immediate family member of the judicial officer.
   c.  Prevent or interrupt the ability to carry out the judicial officer’s job duties.
   2.  A person who violates the provisions of this section is guilty of a serious misdemeanor.
   3.  As used in this section:
   a.  “Immediate family member” means a spouse, child, sibling, parent, grandparent, or grandchild, and includes a stepparent, a stepchild, a stepsibling, or an adoptive relationship.
   b.  “Judicial officer” means the same as defined in section 602.1101.
   c.  “Personal information” means a person’s personal physical address, personal phone number, or physical location.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the safety of persons in certain professions involved with the judicial system, including by authorizing a judicial officer, attorney general, deputy attorney general, and assistant attorney general to be issued a professional permit to carry weapons; and establishing the criminal offenses of threatening and the malicious sharing of personal information of a judicial officer or a member of the judicial officer’s immediate family.
   DIVISION I. The bill provides that a permit issued to a judicial officer, attorney general, deputy attorney general, or assistant attorney general grants authorization to go armed anywhere in the state at all times, including on the grounds of a school.
   The bill provides that a permit issued to a judicial officer, attorney general, deputy attorney general, or assistant attorney general is valid through the holder of the permit’s period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit is required to surrender the permit to the issuing officer for cancellation.
   The bill defines “judicial officer” as a supreme court justice, a judge of the court of appeals, a district judge, a district associate judge, an associate juvenile judge, an associate probate judge, or a magistrate. The term also includes a person who is temporarily serving as a justice, judge, or magistrate as permitted by law.
   The bill allows the supreme court to impose additional training or other requirements on judicial officers who hold a permit issued under the bill.
   DIVISION II. The bill establishes the offense of threatening a judicial officer or an immediate family member of a judicial officer.
   The bill prohibits a person from threatening a judicial officer or the immediate family member of a judicial officer with the intent to do any of the following: placing the judicial officer or the immediate family member of a judicial officer in fear of serious injury to the judicial officer or the immediate family member of the judicial officer; preventing or interrupting the ability of the judicial officer to carry out the judicial officer’s job duties; or retaliating against a judicial officer in relation to the performance of the judicial officer’s official duties during the judicial officer’s term of service. The bill defines “immediate family member” and “retaliation”.
   A person violating this division of the bill is guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
   DIVISION III. The bill establishes the criminal offense of the malicious sharing of personal information of a judicial officer or an immediate family member of a judicial officer.
   The bill prohibits a person from sharing the personal information of a judicial officer or the immediate family member of a judicial officer with the intent to do any of the following: causing harm to the judicial officer or the immediate family member of a judicial officer; placing the judicial officer or the immediate family member of a judicial officer in fear of serious harm to the judicial officer or to an immediate family member of the judicial officer; or preventing or interrupting the ability to carry out the judicial officer’s job duties. The bill defines “personal information”.
   A person violating this division of the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.