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House File 251 - IntroducedA Bill ForAn Act 1relating to certain public safety and law enforcement
2matters, including creating the crime of violent or
3disorderly assembly, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 8.31A Denial of state funds.
21. Notwithstanding any other provision of law to the
3contrary, a local entity, including any entity under the
4jurisdiction of the local entity, shall be ineligible to
5receive any state funds if the local entity reduces the budget
6of a law enforcement agency under the jurisdiction of the local
7entity unless the total budget of the local entity is reduced
8by an equal or larger percentage.
92. State funds shall be denied to a local entity pursuant to
10subsection 1 by all state agencies for each state fiscal year
11that begins after the fiscal year in which the law enforcement
12agency’s budget is reduced. State funds shall continue to be
13denied until eligibility to receive state funds is reinstated
14under section 8.31. However, any state funds for law
15enforcement purposes shall not be denied under this section.
163. A local entity’s eligibility to receive state funds shall
17be reinstated beginning on the first day of the month following
18the date on which the local entity’s budget is no longer in
19violation of this section.
204. The department of management shall adopt rules pursuant
21to chapter 17A to implement this section uniformly across
22state agencies from which state funds are distributed to local
23entities.
24 Sec. 2. NEW SECTION. 138.6A Intentional blocking of traffic
25prohibited — organizing others to block prohibited — penalties
26— exceptions.
271. A person shall not loiter on the traveled portion of
28the right-of-way of a highway with a speed limit of fifty-five
29miles per hour or more with the intention of blocking the
30normal and reasonable movement of motor vehicle traffic.
31A person who violates this subsection commits a serious
32misdemeanor punishable by a fine in the amount of one thousand
33dollars, which shall be in lieu of any other punishment imposed
34under this chapter.
352. A person shall not perform an activity related to
-1-1organizing, scheduling, or otherwise assembling a group of
2persons if the person knows or should reasonably know the group
3of persons will violate subsection 1. A person who violates
4this subsection commits an aggravated misdemeanor, which shall
5be in lieu of any other punishment imposed under this chapter.
63. This section shall not apply to a person who blocks
7the movement of traffic for the purpose of obtaining law
8enforcement, medical, or mechanical assistance. This section
9shall also not apply to a person who is a peace officer or
10emergency responder, who is engaged in highway construction
11or maintenance, or who is an employee of a federal, state, or
12local government, if the person is acting within the scope of
13the person’s duties.
14 Sec. 3. NEW SECTION. 321.366A Immunity from civil liability
15for certain vehicle operators.
161. The driver of a vehicle who is exercising due care and
17who injures another person who is participating in a protest,
18demonstration, riot, unlawful assembly or who is engaging in
19disorderly conduct and is blocking traffic in a public street
20or highway shall be immune from civil liability for the injury
21caused by the driver of the vehicle.
222. The driver of a vehicle who injures another person who
23is participating in a protest, demonstration, riot, unlawful
24assembly or who is engaging in disorderly conduct and is
25blocking traffic in a public street or highway shall not be
26immune from civil liability if the actions leading to the
27injury caused by the driver of a vehicle constitute reckless
28or willful misconduct.
293. Subsection 1 shall not apply if the injured person
30participating in a protest or demonstration was doing so with a
31valid permit allowing persons to protest or demonstrate on the
32public street or highway where the injury occurred.
33 Sec. 4. Section 708.7, subsection 2, paragraph a, Code 2021,
34is amended by adding the following new subparagraph:
35 NEW SUBPARAGRAPH. (4) Commits harassment against another
-2-1person who is lawfully in a place of public accommodation. For
2purposes of this section, “public accommodation” means a private
3entity that owns, operates, leases, or leases to, a place of
4public accommodation, including but not limited to restaurants,
5hotels, theaters, doctors’ offices, pharmacies, retail stores,
6museums, libraries, amusement parks, private schools, and day
7care centers.
8 Sec. 5. Section 716.3, subsection 1, Code 2021, is amended
9to read as follows:
101. Criminal mischief is criminal mischief in the first
11degree if either any of the following apply:
12a. The cost of replacing, repairing, or restoring the
13property that is damaged, defaced, altered, or destroyed is
14more than ten thousand dollars.
15b. The acts are intended to or do in fact cause a
16substantial interruption or impairment of service rendered to
17the public by a gas, electric, steam or waterworks corporation,
18telephone or telegraph corporation, common carrier, or a public
19utility operated by a municipality.
20c. The acts damage, deface, alter, or destroy any publicly
21owned property, including a monument or statue.
22 Sec. 6. Section 723.4, Code 2021, is amended by striking the
23section and inserting in lieu thereof the following:
24723.4 Disorderly conduct.
251. A person commits a simple misdemeanor when the person
26does any of the following:
27a. Engages in fighting or violent behavior in any public
28place or in or near any lawful assembly of persons, provided
29that participants in athletic contests may engage in such
30conduct which is reasonably related to that sport.
31b. Makes loud and raucous noise in the vicinity of any
32residence or public building which causes unreasonable distress
33to the occupants thereof.
34c. Directs abusive epithets or makes any threatening gesture
35which the person knows or reasonably should know is likely to
-3-1provoke a violent reaction by another.
2d. Without lawful authority or color of authority, the
3person disturbs any lawful assembly or meeting of persons by
4conduct intended to disrupt the meeting or assembly.
5e. By words or action, initiates or circulates a report or
6warning of fire, epidemic, or other catastrophe, knowing such
7report to be false or such warning to be baseless.
8f. (1) Knowingly and publicly uses the flag of the United
9States in such a manner as to show disrespect for the flag as
10a symbol of the United States, with the intent or reasonable
11expectation that such use will provoke or encourage another to
12commit trespass or assault.
13(2) As used in this paragraph:
14(a) “Deface” means to intentionally mar the external
15appearance.
16(b) “Defile” means to intentionally make physically unclean.
17(c) “Flag” means a piece of woven cloth or other material
18designed to be flown from a pole or mast.
19(d) “Mutilate” means to intentionally cut up or alter so as
20to make imperfect.
21(e) “Show disrespect” means to deface, defile, mutilate, or
22trample.
23(f) “Trample” means to intentionally tread upon or
24intentionally cause a machine, vehicle, or animal to tread
25upon.
26(3) This paragraph does not apply to a flag retirement
27ceremony conducted pursuant to federal law.
282. A person commits a serious misdemeanor when the person,
29without lawful authority or color of authority, obstructs any
30street, sidewalk, highway, or other public way, with the intent
31to prevent or hinder its lawful use by others.
323. A person commits an aggravated misdemeanor when the
33person commits disorderly conduct as described in subsection 2
34and does any of the following:
35a. Obstructs or attempts to obstruct a fully
-4-1controlled-access facility on a highway, street, or road in
2which the speed restriction is controlled by section 321.285,
3subsection 3 or 5.
4b. Commits property damage.
5c. Is present during an unlawful assembly as defined in
6section 723.2.
74. A person commits a class “D” felony when the person
8commits disorderly conduct as described in subsection 2 and
9does any of the following:
10a. Is present during a riot as defined in section 723.1.
11b. Causes bodily injury.
125. A person commits a class “C” felony when the person
13commits disorderly conduct as described in subsection 2 and the
14person causes serious bodily injury or death.
15 Sec. 7. NEW SECTION. 723.6 Violent or disorderly assembly.
161. For purposes of this section:
17a. “Violent or disorderly assembly” means the gathering of
18seven or more persons resulting in conduct which does any of
19the following:
20(1) Creates an immediate danger of damage to property or
21injury to persons.
22(2) Substantially obstructs law enforcement or other
23governmental functions or services.
24(3) Deprives any person of a legal right or disturbs any
25person in the enjoyment of a legal right by force, threat of
26force, or physical action.
27b. “Looting” means committing burglary within five hundred
28feet of a violent or disorderly assembly.
292. a. A person who willingly joins in or remains a part
30of a violent or disorderly assembly commits a class “D” felony
31with a mandatory minimum term of confinement of one year.
32b. A person who violates paragraph “a”, who traveled to
33this state from another state to participate in a violent
34or disorderly assembly, commits a class “C” felony with a
35mandatory minimum term of confinement of two years.
-5- 1c. It is a defense to a prosecution under this section
2that the assembly was at first lawful, but once another person
3assembled manifested an intent to engage in a violent or
4disorderly assembly, the person removed themselves from the
5assembly.
63. A person who, while participating in a violent or
7disorderly assembly, throws an object at a peace officer,
8jailer, correctional staff, member or employee of the board of
9parole, health care provider, employee of the department of
10human services, employee of the department of revenue, or fire
11fighter with the knowledge that the person is a peace officer,
12jailer, correctional staff, member or employee of the board
13of parole, health care provider, employee of the department
14of human services, employee of the department of revenue, or
15fire fighter, commits a class “D” felony, with a mandatory
16minimum term of confinement of one year. If the object thrown
17hits a peace officer, jailer, correctional staff, member or
18employee of the board of parole, health care provider, employee
19of the department of human services, employee of the department
20of revenue, or fire fighter, the person commits a class “C”
21felony, with a mandatory minimum term of confinement of two
22years.
234. A person who, while participating in a violent or
24disorderly assembly, engages in looting commits a class “D”
25felony and shall serve a mandatory minimum term of confinement
26of one year.
275. An employee of a state or local governmental entity
28who is convicted of engaging in a violent or disorderly
29assembly shall not continue employment with a state or local
30governmental entity.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to certain public safety and law
35enforcement matters, includes creating the crime of violent or
-6-1disorderly assembly, and provides penalties.
2DENIAL OF STATE FUNDS — LAW ENFORCEMENT AGENCY BUDGETS.
3 The bill provides that a local entity, including any entity
4under the jurisdiction of the local entity, shall be ineligible
5to receive any state funds if the local entity reduces the
6budget of their law enforcement agency unless the total
7budget of the local entity is reduced by an equal or larger
8percentage. State funds shall be denied to a local entity
9by all state agencies for each state fiscal year that begins
10after the fiscal year in which the law enforcement agency’s
11budget is reduced. State funds shall continue to be denied
12until eligibility to receive state funds is reinstated under
13Code section 8.31. State funds for law enforcement purposes
14shall not be denied. The department of management is directed
15to adopt rules pursuant to Code chapter 17A. Further, the
16governor’s office of drug control policy shall not expend any
17moneys received from any state or federal grants to a local
18entity that reduces the budget of its law enforcement agency
19unless the total local entity budget is reduced by an equal or
20larger percentage.
21INTENTIONAL BLOCKING OF TRAFFIC. Under current law, a
22person is prohibited from placing an obstruction in the highway
23right-of-way, including the traveled portion of the roadway. A
24person who violates this provision is subject to an injunction
25and upon conviction is guilty of creating a public nuisance, an
26aggravated misdemeanor, punishable by confinement for no more
27than two years and a fine of at least $855 but not more than
28$8,540. Any obstruction is subject to removal.
29The bill prohibits a person from loitering on the traveled
30portion of the right-of-way of a highway with a speed limit
31of 55 miles per hour or more with the intention of blocking
32the normal and reasonable movement of motor vehicle traffic.
33A person who violates this provision commits a serious
34misdemeanor punishable by a fine of $1,000, which is in
35lieu of any other punishment imposed under Code chapter 318
-7-1(obstructions in highway rights-of-way).
2The bill also prohibits a person from performing an activity
3related to organizing, scheduling, or otherwise assembling a
4group of persons if the person knows or should reasonably know
5the group of persons will loiter on the traveled portion of
6the right-of-way of a highway with a speed limit of 55 miles
7per hour or more with the intention of blocking the normal and
8reasonable movement of motor vehicle traffic. A person who
9violates this provision commits an aggravated misdemeanor,
10which is in lieu of any other punishment imposed under Code
11chapter 318.
12The bill does not apply to a person who blocks the movement
13of traffic for the purpose of obtaining law enforcement,
14medical, or mechanical assistance. In addition, the
15bill does not apply to a person who is a peace officer or
16emergency responder, who is engaged in highway construction
17or maintenance, or who is an employee of a federal, state, or
18local government, if the person is acting within the scope of
19the person’s duties.
20IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN VEHICLE OPERATORS.
21 The bill provides that the driver of a vehicle who is
22exercising due care and who injures another person who is
23participating in a protest, demonstration, riot, unlawful
24assembly or who is engaging in disorderly conduct and is
25blocking traffic in a public street or highway is immune from
26civil liability for the injury. The driver shall not be immune
27from civil liability if the actions leading to the injury
28constitute reckless or willful misconduct. The bill shall
29not apply if the injured person participating in a protest or
30demonstration was doing so with a valid permit allowing persons
31to protest or demonstrate on the public street or highway where
32the injury occurred.
33HARASSMENT. The bill provides that a person commits
34harassment in the first degree when the person commits
35harassment against another person who is lawfully in a place
-8-1of public accommodation. Harassment in the first degree is an
2aggravated misdemeanor.
3CRIMINAL MISCHIEF IN THE FIRST DEGREE. The bill provides
4that acts of a person which damage, deface, alter, or destroy
5any publicly owned property, including a monument or statue, is
6criminal mischief in the first degree. Criminal mischief in
7the first degree is a class “C” felony.
8VIOLENT OR DISORDERLY ASSEMBLY. The bill defines “violent
9or disorderly assembly” as the gathering of seven or more
10persons resulting in conduct which does any of the following:
11creates an immediate danger of damage to property or injury
12to persons; substantially obstructs law enforcement or other
13governmental functions or services; or deprives any person of a
14legal right or disturbs any person in the enjoyment of a legal
15right by force, threat of force, or physical action. “Looting”
16is defined as committing burglary within 500 feet of a violent
17or disorderly assembly.
18The bill provides that a person who willingly joins in or
19remains a part of a violent or disorderly assembly commits a
20class “D” felony, with a mandatory minimum term of confinement
21of one year, and that a person who travels to this state
22from another state to participate in a violent or disorderly
23assembly commits a class “C” felony, with a mandatory minimum
24term of confinement of two years. It is a defense to a
25prosecution that the assembly was at first lawful, but once
26another person assembled manifested an intent to engage in a
27violent or disorderly assembly, the person removed themselves
28from the assembly.
29The bill provides that a person who, while participating
30in a violent or disorderly assembly, throws an object at a
31peace officer, jailer, correctional staff, member or employee
32of the board of parole, health care provider, employee of the
33department of human services, employee of the department of
34revenue, or fire fighter with the knowledge that the person is
35a peace officer, jailer, correctional staff, member or employee
-9-1of the board of parole, health care provider, employee of the
2department of human services, employee of the department of
3revenue, or fire fighter, commits a class “D” felony, with a
4mandatory minimum term of confinement of one year. If the
5object thrown hits a peace officer, jailer, correctional
6staff, member or employee of the board of parole, health
7care provider, employee of the department of human services,
8employee of the department of revenue, or fire fighter, the
9person commits a class “C” felony, with a mandatory minimum
10term of confinement of two years. A person who, while
11participating in a violent or disorderly assembly, engages in
12looting commits a class “D” felony, with a mandatory minimum
13term of confinement of one year.
14The bill provides that an employee of a state or local
15governmental entity who is convicted of engaging in a violent
16or disorderly assembly shall not continue employment with a
17state or local governmental entity.
18DISORDERLY CONDUCT. Current law provides that all
19violations of Code section 723.4 (disorderly conduct) are
20simple misdemeanors. The bill amends Code section 723.4 by
21providing additional criminal penalties greater than a simple
22misdemeanor for additional acts of disorderly conduct.
23The bill provides that a person commits a serious
24misdemeanor when the person, without lawful authority or
25color of authority, obstructs or attempts to obstruct any
26street, sidewalk, highway, or other public way, or obstructs or
27attempts to obstruct any business, business drive, parking lot,
28or business access, with the intent to prevent or hinder its
29lawful use by others.
30The bill provides that a person commits an aggravated
31misdemeanor when the person, without lawful authority or color
32of authority, obstructs any street, sidewalk, highway, or other
33public way with the intent to prevent or hinder its lawful use
34by others and does any of the following: obstructs or attempts
35to obstruct a fully controlled-access facility or a highway,
-10-1street, or road in which a speed restriction is controlled by
2Code section 321.285(3) or 321.285(5); commits property damage;
3or is present during an unlawful assembly, as defined in Code
4section 723.2.
5The bill provides that a person commits a class “D”
6felony when the person, without lawful authority or color of
7authority, obstructs any street, sidewalk, highway, or other
8public way with the intent to prevent or hinder its lawful use
9by others and is present during a riot, as defined in Code
10section 723.1; or causes bodily injury.
11The bill provides that a person commits a class “C”
12felony when the person, without lawful authority or color of
13authority, obstructs any street, sidewalk, highway, or other
14public way with the intent to prevent its unlawful use by
15others and serious injury or death results.
16PENALTY PROVISIONS. A class “C” felony is punishable
17by confinement for no more than 10 years and a fine of at
18least $1,370 but not more than $13,660. A class “D” felony
19is punishable by confinement for no more than five years
20and a fine of at least $1,025 but not more than $10,245. An
21aggravated misdemeanor is punishable by confinement for no more
22than two years and a fine of at least $855 but not more than
23$8,540. A serious misdemeanor is punishable by confinement for
24no more than one year and a fine of at least $430 but not more
25than $2,560.
-11-as/rh
2matters, including creating the crime of violent or
3disorderly assembly, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 8.31A Denial of state funds.
21. Notwithstanding any other provision of law to the
3contrary, a local entity, including any entity under the
4jurisdiction of the local entity, shall be ineligible to
5receive any state funds if the local entity reduces the budget
6of a law enforcement agency under the jurisdiction of the local
7entity unless the total budget of the local entity is reduced
8by an equal or larger percentage.
92. State funds shall be denied to a local entity pursuant to
10subsection 1 by all state agencies for each state fiscal year
11that begins after the fiscal year in which the law enforcement
12agency’s budget is reduced. State funds shall continue to be
13denied until eligibility to receive state funds is reinstated
14under section 8.31. However, any state funds for law
15enforcement purposes shall not be denied under this section.
163. A local entity’s eligibility to receive state funds shall
17be reinstated beginning on the first day of the month following
18the date on which the local entity’s budget is no longer in
19violation of this section.
204. The department of management shall adopt rules pursuant
21to chapter 17A to implement this section uniformly across
22state agencies from which state funds are distributed to local
23entities.
24 Sec. 2. NEW SECTION. 138.6A Intentional blocking of traffic
25prohibited — organizing others to block prohibited — penalties
26— exceptions.
271. A person shall not loiter on the traveled portion of
28the right-of-way of a highway with a speed limit of fifty-five
29miles per hour or more with the intention of blocking the
30normal and reasonable movement of motor vehicle traffic.
31A person who violates this subsection commits a serious
32misdemeanor punishable by a fine in the amount of one thousand
33dollars, which shall be in lieu of any other punishment imposed
34under this chapter.
352. A person shall not perform an activity related to
-1-1organizing, scheduling, or otherwise assembling a group of
2persons if the person knows or should reasonably know the group
3of persons will violate subsection 1. A person who violates
4this subsection commits an aggravated misdemeanor, which shall
5be in lieu of any other punishment imposed under this chapter.
63. This section shall not apply to a person who blocks
7the movement of traffic for the purpose of obtaining law
8enforcement, medical, or mechanical assistance. This section
9shall also not apply to a person who is a peace officer or
10emergency responder, who is engaged in highway construction
11or maintenance, or who is an employee of a federal, state, or
12local government, if the person is acting within the scope of
13the person’s duties.
14 Sec. 3. NEW SECTION. 321.366A Immunity from civil liability
15for certain vehicle operators.
161. The driver of a vehicle who is exercising due care and
17who injures another person who is participating in a protest,
18demonstration, riot, unlawful assembly or who is engaging in
19disorderly conduct and is blocking traffic in a public street
20or highway shall be immune from civil liability for the injury
21caused by the driver of the vehicle.
222. The driver of a vehicle who injures another person who
23is participating in a protest, demonstration, riot, unlawful
24assembly or who is engaging in disorderly conduct and is
25blocking traffic in a public street or highway shall not be
26immune from civil liability if the actions leading to the
27injury caused by the driver of a vehicle constitute reckless
28or willful misconduct.
293. Subsection 1 shall not apply if the injured person
30participating in a protest or demonstration was doing so with a
31valid permit allowing persons to protest or demonstrate on the
32public street or highway where the injury occurred.
33 Sec. 4. Section 708.7, subsection 2, paragraph a, Code 2021,
34is amended by adding the following new subparagraph:
35 NEW SUBPARAGRAPH. (4) Commits harassment against another
-2-1person who is lawfully in a place of public accommodation. For
2purposes of this section, “public accommodation” means a private
3entity that owns, operates, leases, or leases to, a place of
4public accommodation, including but not limited to restaurants,
5hotels, theaters, doctors’ offices, pharmacies, retail stores,
6museums, libraries, amusement parks, private schools, and day
7care centers.
8 Sec. 5. Section 716.3, subsection 1, Code 2021, is amended
9to read as follows:
101. Criminal mischief is criminal mischief in the first
11degree if either any of the following apply:
12a. The cost of replacing, repairing, or restoring the
13property that is damaged, defaced, altered, or destroyed is
14more than ten thousand dollars.
15b. The acts are intended to or do in fact cause a
16substantial interruption or impairment of service rendered to
17the public by a gas, electric, steam or waterworks corporation,
18telephone or telegraph corporation, common carrier, or a public
19utility operated by a municipality.
20c. The acts damage, deface, alter, or destroy any publicly
21owned property, including a monument or statue.
22 Sec. 6. Section 723.4, Code 2021, is amended by striking the
23section and inserting in lieu thereof the following:
24723.4 Disorderly conduct.
251. A person commits a simple misdemeanor when the person
26does any of the following:
27a. Engages in fighting or violent behavior in any public
28place or in or near any lawful assembly of persons, provided
29that participants in athletic contests may engage in such
30conduct which is reasonably related to that sport.
31b. Makes loud and raucous noise in the vicinity of any
32residence or public building which causes unreasonable distress
33to the occupants thereof.
34c. Directs abusive epithets or makes any threatening gesture
35which the person knows or reasonably should know is likely to
-3-1provoke a violent reaction by another.
2d. Without lawful authority or color of authority, the
3person disturbs any lawful assembly or meeting of persons by
4conduct intended to disrupt the meeting or assembly.
5e. By words or action, initiates or circulates a report or
6warning of fire, epidemic, or other catastrophe, knowing such
7report to be false or such warning to be baseless.
8f. (1) Knowingly and publicly uses the flag of the United
9States in such a manner as to show disrespect for the flag as
10a symbol of the United States, with the intent or reasonable
11expectation that such use will provoke or encourage another to
12commit trespass or assault.
13(2) As used in this paragraph:
14(a) “Deface” means to intentionally mar the external
15appearance.
16(b) “Defile” means to intentionally make physically unclean.
17(c) “Flag” means a piece of woven cloth or other material
18designed to be flown from a pole or mast.
19(d) “Mutilate” means to intentionally cut up or alter so as
20to make imperfect.
21(e) “Show disrespect” means to deface, defile, mutilate, or
22trample.
23(f) “Trample” means to intentionally tread upon or
24intentionally cause a machine, vehicle, or animal to tread
25upon.
26(3) This paragraph does not apply to a flag retirement
27ceremony conducted pursuant to federal law.
282. A person commits a serious misdemeanor when the person,
29without lawful authority or color of authority, obstructs any
30street, sidewalk, highway, or other public way, with the intent
31to prevent or hinder its lawful use by others.
323. A person commits an aggravated misdemeanor when the
33person commits disorderly conduct as described in subsection 2
34and does any of the following:
35a. Obstructs or attempts to obstruct a fully
-4-1controlled-access facility on a highway, street, or road in
2which the speed restriction is controlled by section 321.285,
3subsection 3 or 5.
4b. Commits property damage.
5c. Is present during an unlawful assembly as defined in
6section 723.2.
74. A person commits a class “D” felony when the person
8commits disorderly conduct as described in subsection 2 and
9does any of the following:
10a. Is present during a riot as defined in section 723.1.
11b. Causes bodily injury.
125. A person commits a class “C” felony when the person
13commits disorderly conduct as described in subsection 2 and the
14person causes serious bodily injury or death.
15 Sec. 7. NEW SECTION. 723.6 Violent or disorderly assembly.
161. For purposes of this section:
17a. “Violent or disorderly assembly” means the gathering of
18seven or more persons resulting in conduct which does any of
19the following:
20(1) Creates an immediate danger of damage to property or
21injury to persons.
22(2) Substantially obstructs law enforcement or other
23governmental functions or services.
24(3) Deprives any person of a legal right or disturbs any
25person in the enjoyment of a legal right by force, threat of
26force, or physical action.
27b. “Looting” means committing burglary within five hundred
28feet of a violent or disorderly assembly.
292. a. A person who willingly joins in or remains a part
30of a violent or disorderly assembly commits a class “D” felony
31with a mandatory minimum term of confinement of one year.
32b. A person who violates paragraph “a”, who traveled to
33this state from another state to participate in a violent
34or disorderly assembly, commits a class “C” felony with a
35mandatory minimum term of confinement of two years.
-5- 1c. It is a defense to a prosecution under this section
2that the assembly was at first lawful, but once another person
3assembled manifested an intent to engage in a violent or
4disorderly assembly, the person removed themselves from the
5assembly.
63. A person who, while participating in a violent or
7disorderly assembly, throws an object at a peace officer,
8jailer, correctional staff, member or employee of the board of
9parole, health care provider, employee of the department of
10human services, employee of the department of revenue, or fire
11fighter with the knowledge that the person is a peace officer,
12jailer, correctional staff, member or employee of the board
13of parole, health care provider, employee of the department
14of human services, employee of the department of revenue, or
15fire fighter, commits a class “D” felony, with a mandatory
16minimum term of confinement of one year. If the object thrown
17hits a peace officer, jailer, correctional staff, member or
18employee of the board of parole, health care provider, employee
19of the department of human services, employee of the department
20of revenue, or fire fighter, the person commits a class “C”
21felony, with a mandatory minimum term of confinement of two
22years.
234. A person who, while participating in a violent or
24disorderly assembly, engages in looting commits a class “D”
25felony and shall serve a mandatory minimum term of confinement
26of one year.
275. An employee of a state or local governmental entity
28who is convicted of engaging in a violent or disorderly
29assembly shall not continue employment with a state or local
30governmental entity.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to certain public safety and law
35enforcement matters, includes creating the crime of violent or
-6-1disorderly assembly, and provides penalties.
2DENIAL OF STATE FUNDS — LAW ENFORCEMENT AGENCY BUDGETS.
3 The bill provides that a local entity, including any entity
4under the jurisdiction of the local entity, shall be ineligible
5to receive any state funds if the local entity reduces the
6budget of their law enforcement agency unless the total
7budget of the local entity is reduced by an equal or larger
8percentage. State funds shall be denied to a local entity
9by all state agencies for each state fiscal year that begins
10after the fiscal year in which the law enforcement agency’s
11budget is reduced. State funds shall continue to be denied
12until eligibility to receive state funds is reinstated under
13Code section 8.31. State funds for law enforcement purposes
14shall not be denied. The department of management is directed
15to adopt rules pursuant to Code chapter 17A. Further, the
16governor’s office of drug control policy shall not expend any
17moneys received from any state or federal grants to a local
18entity that reduces the budget of its law enforcement agency
19unless the total local entity budget is reduced by an equal or
20larger percentage.
21INTENTIONAL BLOCKING OF TRAFFIC. Under current law, a
22person is prohibited from placing an obstruction in the highway
23right-of-way, including the traveled portion of the roadway. A
24person who violates this provision is subject to an injunction
25and upon conviction is guilty of creating a public nuisance, an
26aggravated misdemeanor, punishable by confinement for no more
27than two years and a fine of at least $855 but not more than
28$8,540. Any obstruction is subject to removal.
29The bill prohibits a person from loitering on the traveled
30portion of the right-of-way of a highway with a speed limit
31of 55 miles per hour or more with the intention of blocking
32the normal and reasonable movement of motor vehicle traffic.
33A person who violates this provision commits a serious
34misdemeanor punishable by a fine of $1,000, which is in
35lieu of any other punishment imposed under Code chapter 318
-7-1(obstructions in highway rights-of-way).
2The bill also prohibits a person from performing an activity
3related to organizing, scheduling, or otherwise assembling a
4group of persons if the person knows or should reasonably know
5the group of persons will loiter on the traveled portion of
6the right-of-way of a highway with a speed limit of 55 miles
7per hour or more with the intention of blocking the normal and
8reasonable movement of motor vehicle traffic. A person who
9violates this provision commits an aggravated misdemeanor,
10which is in lieu of any other punishment imposed under Code
11chapter 318.
12The bill does not apply to a person who blocks the movement
13of traffic for the purpose of obtaining law enforcement,
14medical, or mechanical assistance. In addition, the
15bill does not apply to a person who is a peace officer or
16emergency responder, who is engaged in highway construction
17or maintenance, or who is an employee of a federal, state, or
18local government, if the person is acting within the scope of
19the person’s duties.
20IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN VEHICLE OPERATORS.
21 The bill provides that the driver of a vehicle who is
22exercising due care and who injures another person who is
23participating in a protest, demonstration, riot, unlawful
24assembly or who is engaging in disorderly conduct and is
25blocking traffic in a public street or highway is immune from
26civil liability for the injury. The driver shall not be immune
27from civil liability if the actions leading to the injury
28constitute reckless or willful misconduct. The bill shall
29not apply if the injured person participating in a protest or
30demonstration was doing so with a valid permit allowing persons
31to protest or demonstrate on the public street or highway where
32the injury occurred.
33HARASSMENT. The bill provides that a person commits
34harassment in the first degree when the person commits
35harassment against another person who is lawfully in a place
-8-1of public accommodation. Harassment in the first degree is an
2aggravated misdemeanor.
3CRIMINAL MISCHIEF IN THE FIRST DEGREE. The bill provides
4that acts of a person which damage, deface, alter, or destroy
5any publicly owned property, including a monument or statue, is
6criminal mischief in the first degree. Criminal mischief in
7the first degree is a class “C” felony.
8VIOLENT OR DISORDERLY ASSEMBLY. The bill defines “violent
9or disorderly assembly” as the gathering of seven or more
10persons resulting in conduct which does any of the following:
11creates an immediate danger of damage to property or injury
12to persons; substantially obstructs law enforcement or other
13governmental functions or services; or deprives any person of a
14legal right or disturbs any person in the enjoyment of a legal
15right by force, threat of force, or physical action. “Looting”
16is defined as committing burglary within 500 feet of a violent
17or disorderly assembly.
18The bill provides that a person who willingly joins in or
19remains a part of a violent or disorderly assembly commits a
20class “D” felony, with a mandatory minimum term of confinement
21of one year, and that a person who travels to this state
22from another state to participate in a violent or disorderly
23assembly commits a class “C” felony, with a mandatory minimum
24term of confinement of two years. It is a defense to a
25prosecution that the assembly was at first lawful, but once
26another person assembled manifested an intent to engage in a
27violent or disorderly assembly, the person removed themselves
28from the assembly.
29The bill provides that a person who, while participating
30in a violent or disorderly assembly, throws an object at a
31peace officer, jailer, correctional staff, member or employee
32of the board of parole, health care provider, employee of the
33department of human services, employee of the department of
34revenue, or fire fighter with the knowledge that the person is
35a peace officer, jailer, correctional staff, member or employee
-9-1of the board of parole, health care provider, employee of the
2department of human services, employee of the department of
3revenue, or fire fighter, commits a class “D” felony, with a
4mandatory minimum term of confinement of one year. If the
5object thrown hits a peace officer, jailer, correctional
6staff, member or employee of the board of parole, health
7care provider, employee of the department of human services,
8employee of the department of revenue, or fire fighter, the
9person commits a class “C” felony, with a mandatory minimum
10term of confinement of two years. A person who, while
11participating in a violent or disorderly assembly, engages in
12looting commits a class “D” felony, with a mandatory minimum
13term of confinement of one year.
14The bill provides that an employee of a state or local
15governmental entity who is convicted of engaging in a violent
16or disorderly assembly shall not continue employment with a
17state or local governmental entity.
18DISORDERLY CONDUCT. Current law provides that all
19violations of Code section 723.4 (disorderly conduct) are
20simple misdemeanors. The bill amends Code section 723.4 by
21providing additional criminal penalties greater than a simple
22misdemeanor for additional acts of disorderly conduct.
23The bill provides that a person commits a serious
24misdemeanor when the person, without lawful authority or
25color of authority, obstructs or attempts to obstruct any
26street, sidewalk, highway, or other public way, or obstructs or
27attempts to obstruct any business, business drive, parking lot,
28or business access, with the intent to prevent or hinder its
29lawful use by others.
30The bill provides that a person commits an aggravated
31misdemeanor when the person, without lawful authority or color
32of authority, obstructs any street, sidewalk, highway, or other
33public way with the intent to prevent or hinder its lawful use
34by others and does any of the following: obstructs or attempts
35to obstruct a fully controlled-access facility or a highway,
-10-1street, or road in which a speed restriction is controlled by
2Code section 321.285(3) or 321.285(5); commits property damage;
3or is present during an unlawful assembly, as defined in Code
4section 723.2.
5The bill provides that a person commits a class “D”
6felony when the person, without lawful authority or color of
7authority, obstructs any street, sidewalk, highway, or other
8public way with the intent to prevent or hinder its lawful use
9by others and is present during a riot, as defined in Code
10section 723.1; or causes bodily injury.
11The bill provides that a person commits a class “C”
12felony when the person, without lawful authority or color of
13authority, obstructs any street, sidewalk, highway, or other
14public way with the intent to prevent its unlawful use by
15others and serious injury or death results.
16PENALTY PROVISIONS. A class “C” felony is punishable
17by confinement for no more than 10 years and a fine of at
18least $1,370 but not more than $13,660. A class “D” felony
19is punishable by confinement for no more than five years
20and a fine of at least $1,025 but not more than $10,245. An
21aggravated misdemeanor is punishable by confinement for no more
22than two years and a fine of at least $855 but not more than
23$8,540. A serious misdemeanor is punishable by confinement for
24no more than one year and a fine of at least $430 but not more
25than $2,560.
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