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House File 2213 - IntroducedA Bill ForAn Act 1relating to hate crimes involving the violation of
2individual rights.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 729A.2, Code 2022, is amended to read as
2follows:
3729A.2 Violation of individual rights — hate crime.
41. “Hate crime” means one of the following public offenses
5when committed against a person or a person’s property because
6of the person’s race, color, religion, ancestry, national
7origin, political affiliation, sex, sexual orientation, age,
8or disability, or the person’s association with a person of
9a certain race, color, religion, ancestry, national origin,
10political affiliation, sex, sexual orientation, age, or
11disability:
121. a. Assault in violation of individual rights under
13section 708.2C.
142. b. Violations of individual rights under section 712.9.
153. c. Criminal mischief in violation of individual rights
16under section 716.6A.
174. d. Trespass in violation of individual rights under
18section 716.8, subsections 3 and 4.
192. In determining whether a public offense listed in
20subsection 1 constitutes a hate crime the court may consider
21the following nonexclusive list of factors:
22a. Whether the race, color, religion, ancestry, national
23origin, political affiliation, sex, sexual orientation, age, or
24disability of the victim differs from that of the offender.
25b. Whether the victim was engaged in activities promoting a
26group with whom the victim is associated.
27c. Whether the offense coincided with a holiday or date
28of particular significance to a group with whom the victim is
29associated.
30d. Whether bias-related comments, written statements, or
31gestures were made by the offender.
32e. Whether bias-related drawings, markings, symbols, or
33graffiti were left at the location where the public offense
34occurred.
35f. Whether objects or items that represent the work of a
-1-1hate group were left at the location where the public offense
2occurred.
3g. Whether the offender has previously been involved in
4similar offenses or is a member of or associates with members
5of a hate group.
6h. Whether the victim was in or near an area or place
7commonly associated with or frequented by members of a
8particular race, color, religion, ancestry, national origin,
9political affiliation, sex, sexual orientation, age, or
10disability.
11i. Whether no clear economic motive or other legitimate
12purpose exists to explain the public offense against the
13victim.
143. For purposes of this section, “hate group” means an
15organization or collection of individuals that, based on its
16official statements or principles, the statements of its
17leaders, or its activities, maintains beliefs or practices that
18attack or malign an entire class of people, typically for their
19immutable characteristics.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to hate crimes involving the violation of
24individual rights.
25Current law defines a hate crime as an assault in violation
26of individual rights under Code section 708.2C, violations of
27individual rights under Code section 712.9 (arson), criminal
28mischief in violation of individual rights under Code section
29716.6A, and trespass in violation of individual rights under
30Code section 716.8(3) and (4), when committed against a person
31or a person’s property because of the person’s race, color,
32religion, ancestry, national origin, political affiliation,
33sex, sexual orientation, age, or disability, or the person’s
34association with a person of a certain race, color, religion,
35ancestry, national origin, political affiliation, sex, sexual
-2-1orientation, age, or disability.
2The bill adds a nonexclusive list of factors which a
3court may consider in determining whether the public offense
4meets the definition of a hate crime to include whether the
5race, color, religion, ancestry, national origin, political
6affiliation, sex, sexual orientation, age, or disability of
7the victim differs from that of the offender; whether the
8victim was engaged in activities promoting a group with whom
9the victim is associated; whether the offense coincided with
10a holiday or date of particular significance to a group with
11whom the victim is associated; whether bias-related comments,
12written statements, or gestures were made by the offender;
13whether bias-related drawings, markings, symbols, or graffiti
14were left at the location of the public offense; whether
15objects or items that represent the work of an organized hate
16group were left at the location of the public offense; whether
17the offender has previously been involved in similar offenses
18or is a member of, or associates with members of, an organized
19hate group; and whether the victim was in or near an area
20or place commonly associated with or frequented by members
21of a particular race, color, religion, ancestry, national
22origin, political affiliation, sex, sexual orientation, age,
23or disability; and whether no clear economic motive or other
24legitimate purpose exists to explain the public offense against
25the victim.
26The bill defines “hate group” to mean an organization
27or collection of individuals that, based on its official
28statements or principles, the statements of its leaders, or
29its activities, maintains beliefs or practices that attack or
30malign an entire class of people, typically for their immutable
31characteristics.
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2individual rights.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 729A.2, Code 2022, is amended to read as
2follows:
3729A.2 Violation of individual rights — hate crime.
41. “Hate crime” means one of the following public offenses
5when committed against a person or a person’s property because
6of the person’s race, color, religion, ancestry, national
7origin, political affiliation, sex, sexual orientation, age,
8or disability, or the person’s association with a person of
9a certain race, color, religion, ancestry, national origin,
10political affiliation, sex, sexual orientation, age, or
11disability:
121. a. Assault in violation of individual rights under
13section 708.2C.
142. b. Violations of individual rights under section 712.9.
153. c. Criminal mischief in violation of individual rights
16under section 716.6A.
174. d. Trespass in violation of individual rights under
18section 716.8, subsections 3 and 4.
192. In determining whether a public offense listed in
20subsection 1 constitutes a hate crime the court may consider
21the following nonexclusive list of factors:
22a. Whether the race, color, religion, ancestry, national
23origin, political affiliation, sex, sexual orientation, age, or
24disability of the victim differs from that of the offender.
25b. Whether the victim was engaged in activities promoting a
26group with whom the victim is associated.
27c. Whether the offense coincided with a holiday or date
28of particular significance to a group with whom the victim is
29associated.
30d. Whether bias-related comments, written statements, or
31gestures were made by the offender.
32e. Whether bias-related drawings, markings, symbols, or
33graffiti were left at the location where the public offense
34occurred.
35f. Whether objects or items that represent the work of a
-1-1hate group were left at the location where the public offense
2occurred.
3g. Whether the offender has previously been involved in
4similar offenses or is a member of or associates with members
5of a hate group.
6h. Whether the victim was in or near an area or place
7commonly associated with or frequented by members of a
8particular race, color, religion, ancestry, national origin,
9political affiliation, sex, sexual orientation, age, or
10disability.
11i. Whether no clear economic motive or other legitimate
12purpose exists to explain the public offense against the
13victim.
143. For purposes of this section, “hate group” means an
15organization or collection of individuals that, based on its
16official statements or principles, the statements of its
17leaders, or its activities, maintains beliefs or practices that
18attack or malign an entire class of people, typically for their
19immutable characteristics.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to hate crimes involving the violation of
24individual rights.
25Current law defines a hate crime as an assault in violation
26of individual rights under Code section 708.2C, violations of
27individual rights under Code section 712.9 (arson), criminal
28mischief in violation of individual rights under Code section
29716.6A, and trespass in violation of individual rights under
30Code section 716.8(3) and (4), when committed against a person
31or a person’s property because of the person’s race, color,
32religion, ancestry, national origin, political affiliation,
33sex, sexual orientation, age, or disability, or the person’s
34association with a person of a certain race, color, religion,
35ancestry, national origin, political affiliation, sex, sexual
-2-1orientation, age, or disability.
2The bill adds a nonexclusive list of factors which a
3court may consider in determining whether the public offense
4meets the definition of a hate crime to include whether the
5race, color, religion, ancestry, national origin, political
6affiliation, sex, sexual orientation, age, or disability of
7the victim differs from that of the offender; whether the
8victim was engaged in activities promoting a group with whom
9the victim is associated; whether the offense coincided with
10a holiday or date of particular significance to a group with
11whom the victim is associated; whether bias-related comments,
12written statements, or gestures were made by the offender;
13whether bias-related drawings, markings, symbols, or graffiti
14were left at the location of the public offense; whether
15objects or items that represent the work of an organized hate
16group were left at the location of the public offense; whether
17the offender has previously been involved in similar offenses
18or is a member of, or associates with members of, an organized
19hate group; and whether the victim was in or near an area
20or place commonly associated with or frequented by members
21of a particular race, color, religion, ancestry, national
22origin, political affiliation, sex, sexual orientation, age,
23or disability; and whether no clear economic motive or other
24legitimate purpose exists to explain the public offense against
25the victim.
26The bill defines “hate group” to mean an organization
27or collection of individuals that, based on its official
28statements or principles, the statements of its leaders, or
29its activities, maintains beliefs or practices that attack or
30malign an entire class of people, typically for their immutable
31characteristics.
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