CHAPTER 729AVIOLATION OF INDIVIDUAL RIGHTS — HATE CRIMESReferred to in 331.307, 364.22
See also chapters 216 and 729
729A.1Violations of an individual’s rights prohibited.
729A.2Violation of individual rights — hate crime.
729A.3Local ordinances.
729A.4Violation of individual rights — sensitivity training.
729A.5Civil remedies.
729A.1Violations of an individual’s rights prohibited.Persons within the state of Iowa have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability.1992 Acts, ch 1157, §8729A.2Violation of individual rights — hate crime.“Hate crime” means one of the following public offenses when committed against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person’s association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability:1.  Assault in violation of individual rights under section 708.2C.2.  Violations of individual rights under section 712.9.3.  Criminal mischief in violation of individual rights under section 716.6A.4.  Trespass in violation of individual rights under section 716.8, subsections 3 and 4.1992 Acts, ch 1157, §9Referred to in 692.15, 708.2C, 712.9, 716.6A, 716.8729A.3Local ordinances.This chapter does not prohibit political subdivisions from enacting ordinances which are consistent with this chapter. Local ordinances reasonably regulating the time, place, or manner of the exercise of constitutional rights are permissible.1992 Acts, ch 1157, §10729A.4Violation of individual rights — sensitivity training.The prosecuting attorneys training coordinator shall develop a course of instruction for law enforcement personnel and prosecuting attorneys designed to sensitize those persons to the existence of violations of individual rights and the criteria for determining whether a violation of individual rights has occurred. The prosecuting attorneys training coordinator shall consult with the civil rights commission, the office of the attorney general, and the department of public safety regarding the content and provision of this course of instruction.1992 Acts, ch 1157, §11729A.5Civil remedies.1.  A victim who has suffered physical, emotional, or financial harm as a result of a violation of this chapter due to the commission of a hate crime is entitled to and may bring an action for injunctive relief, general and special damages, reasonable attorney fees, and costs.2.  An action brought pursuant to this section must be brought within two years after the date of the violation of this chapter.3.  In an action brought pursuant to this section, the burden of proof shall be the same as in other civil actions for similar relief.4.  This section does not apply to complaints or discriminatory or unfair practices under chapter 216.92 Acts, ch 1157, §12, 2018 Acts, ch 1041, §127
Code editor directive applied