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House File 430 - IntroducedA Bill ForAn Act 1relating to public safety including prohibited acts on
2fully controlled-access facilities and disorderly conduct,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.366, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. g. Operate a bicycle, skateboard, or other
4pedestrian conveyance or be a pedestrian anywhere on a fully
5controlled-access facility. For purposes of this paragraph,
6“pedestrian conveyance” means any human-powered device by which
7a pedestrian may move other than by walking or by which a
8walking person may move another pedestrian, including but not
9limited to strollers and wheelchairs.
10 Sec. 2. Section 723.4, Code 2021, is amended by striking the
11section and inserting in lieu thereof the following:
12723.4 Disorderly conduct.
131. A person commits a simple misdemeanor when the person
14does any of the following:
15a. Engages in fighting or violent behavior in any public
16place or in or near any lawful assembly of persons, provided,
17that participants in athletic contests may engage in such
18conduct which is reasonably related to that sport.
19b. Makes loud and raucous noise in the vicinity of any
20residence or public building which causes unreasonable distress
21to the occupants thereof.
22c. Directs abusive epithets or makes any threatening gesture
23which the person knows or reasonably should know is likely to
24provoke a violent reaction by another.
25d. Without lawful authority or color of authority, the
26person disturbs any lawful assembly or meeting of persons by
27conduct intended to disrupt the meeting or assembly.
28e. By words or action, initiates or circulates a report or
29warning of fire, epidemic, or other catastrophe, knowing such
30report to be false or such warning to be baseless.
31f. (1) Knowingly and publicly uses the flag of the United
32States in such a manner as to show disrespect for the flag as
33a symbol of the United States, with the intent or reasonable
34expectation that such use will provoke or encourage another to
35commit trespass or assault.
-1- 1(2) As used in this paragraph:
2(a) “Deface” means to intentionally mar the external
3appearance.
4(b) “Defile” means to intentionally make physically unclean.
5(c) “Flag” means a piece of woven cloth or other material
6designed to be flown from a pole or mast.
7(d) “Mutilate” means to intentionally cut up or alter so as
8to make imperfect.
9(e) “Show disrespect” means to deface, defile, mutilate, or
10trample.
11(f) “Trample” means to intentionally tread upon or
12intentionally cause a machine, vehicle, or animal to tread
13upon.
14(3) This paragraph does not apply to a flag retirement
15ceremony conducted pursuant to federal law.
162. A person commits a serious misdemeanor when the person,
17without lawful authority or color of authority, obstructs any
18street, sidewalk, highway, or other public way, with the intent
19to prevent or hinder its lawful use by others.
203. A person commits an aggravated misdemeanor when the
21person commits disorderly conduct as described in subsection 2
22and does any of the following:
23a. Obstructs or attempts to obstruct a fully
24controlled-access facility on a highway, street, or road in
25which the speed restriction is controlled by section 321.285,
26subsection 3, or section 321.285, subsection 5.
27b. Commits property damage.
28c. Is present during an unlawful assembly as defined in
29section 723.2.
304. A person commits a class “D” felony when the person
31commits disorderly conduct as described in subsection 2 and
32does any of the following:
33a. Is present during a riot as defined in section 723.1.
34b. Causes bodily injury.
355. A person commits a class “C” felony when the person
-2-1commits disorderly conduct as described in subsection 2 and the
2person causes serious bodily injury or death.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to public safety including prohibited acts
7on fully controlled-access facilities and disorderly conduct,
8and provides penalties.
9The bill provides that it is unlawful for a person to operate
10a bicycle, skateboard, or other pedestrian conveyance or be
11a pedestrian anywhere on a fully controlled-access facility.
12A violation is punishable as a scheduled operating violation
13under Code section 805.8A. The fine for a violation is $135.
14Current law provides that all violations of Code section
15723.4 (disorderly conduct) are simple misdemeanors. The bill
16amends Code section 723.4 by providing additional criminal
17penalties greater than a simple misdemeanor for additional acts
18of disorderly conduct.
19The bill provides that a person commits a serious
20misdemeanor when the person, without lawful authority or
21color of authority, obstructs or attempts to obstruct any
22street, sidewalk, highway, or other public way, or obstructs or
23attempts to obstruct any business, business drive, parking lot,
24or business access, with the intent to prevent or hinder its
25lawful use by others.
26The bill provides that a person commits an aggravated
27misdemeanor when the person, without lawful authority or color
28of authority, obstructs any street, sidewalk, highway, or other
29public way with the intent to prevent or hinder its lawful use
30by others and does any of the following: obstructs or attempts
31to obstruct a fully controlled-access facility or a highway,
32street, or road in which a speed restriction is controlled by
33Code section 321.285(3) or 321.285(5); commits property damage;
34or is present during an unlawful assembly, as defined in Code
35section 723.2.
-3- 1The bill provides that a person commits a class “D”
2felony when the person, without lawful authority or color of
3authority, obstructs any street, sidewalk, highway, or other
4public way with the intent to prevent or hinder its lawful use
5by others and is present during a riot, as defined in Code
6section 723.1; or causes bodily injury.
7The bill provides that a person commits a class “C”
8felony when the person, without lawful authority or color of
9authority, obstructs any street, sidewalk, highway, or other
10public way with the intent to prevent its unlawful use by
11others and serious injury or death results.
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2fully controlled-access facilities and disorderly conduct,
3and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.366, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. g. Operate a bicycle, skateboard, or other
4pedestrian conveyance or be a pedestrian anywhere on a fully
5controlled-access facility. For purposes of this paragraph,
6“pedestrian conveyance” means any human-powered device by which
7a pedestrian may move other than by walking or by which a
8walking person may move another pedestrian, including but not
9limited to strollers and wheelchairs.
10 Sec. 2. Section 723.4, Code 2021, is amended by striking the
11section and inserting in lieu thereof the following:
12723.4 Disorderly conduct.
131. A person commits a simple misdemeanor when the person
14does any of the following:
15a. Engages in fighting or violent behavior in any public
16place or in or near any lawful assembly of persons, provided,
17that participants in athletic contests may engage in such
18conduct which is reasonably related to that sport.
19b. Makes loud and raucous noise in the vicinity of any
20residence or public building which causes unreasonable distress
21to the occupants thereof.
22c. Directs abusive epithets or makes any threatening gesture
23which the person knows or reasonably should know is likely to
24provoke a violent reaction by another.
25d. Without lawful authority or color of authority, the
26person disturbs any lawful assembly or meeting of persons by
27conduct intended to disrupt the meeting or assembly.
28e. By words or action, initiates or circulates a report or
29warning of fire, epidemic, or other catastrophe, knowing such
30report to be false or such warning to be baseless.
31f. (1) Knowingly and publicly uses the flag of the United
32States in such a manner as to show disrespect for the flag as
33a symbol of the United States, with the intent or reasonable
34expectation that such use will provoke or encourage another to
35commit trespass or assault.
-1- 1(2) As used in this paragraph:
2(a) “Deface” means to intentionally mar the external
3appearance.
4(b) “Defile” means to intentionally make physically unclean.
5(c) “Flag” means a piece of woven cloth or other material
6designed to be flown from a pole or mast.
7(d) “Mutilate” means to intentionally cut up or alter so as
8to make imperfect.
9(e) “Show disrespect” means to deface, defile, mutilate, or
10trample.
11(f) “Trample” means to intentionally tread upon or
12intentionally cause a machine, vehicle, or animal to tread
13upon.
14(3) This paragraph does not apply to a flag retirement
15ceremony conducted pursuant to federal law.
162. A person commits a serious misdemeanor when the person,
17without lawful authority or color of authority, obstructs any
18street, sidewalk, highway, or other public way, with the intent
19to prevent or hinder its lawful use by others.
203. A person commits an aggravated misdemeanor when the
21person commits disorderly conduct as described in subsection 2
22and does any of the following:
23a. Obstructs or attempts to obstruct a fully
24controlled-access facility on a highway, street, or road in
25which the speed restriction is controlled by section 321.285,
26subsection 3, or section 321.285, subsection 5.
27b. Commits property damage.
28c. Is present during an unlawful assembly as defined in
29section 723.2.
304. A person commits a class “D” felony when the person
31commits disorderly conduct as described in subsection 2 and
32does any of the following:
33a. Is present during a riot as defined in section 723.1.
34b. Causes bodily injury.
355. A person commits a class “C” felony when the person
-2-1commits disorderly conduct as described in subsection 2 and the
2person causes serious bodily injury or death.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to public safety including prohibited acts
7on fully controlled-access facilities and disorderly conduct,
8and provides penalties.
9The bill provides that it is unlawful for a person to operate
10a bicycle, skateboard, or other pedestrian conveyance or be
11a pedestrian anywhere on a fully controlled-access facility.
12A violation is punishable as a scheduled operating violation
13under Code section 805.8A. The fine for a violation is $135.
14Current law provides that all violations of Code section
15723.4 (disorderly conduct) are simple misdemeanors. The bill
16amends Code section 723.4 by providing additional criminal
17penalties greater than a simple misdemeanor for additional acts
18of disorderly conduct.
19The bill provides that a person commits a serious
20misdemeanor when the person, without lawful authority or
21color of authority, obstructs or attempts to obstruct any
22street, sidewalk, highway, or other public way, or obstructs or
23attempts to obstruct any business, business drive, parking lot,
24or business access, with the intent to prevent or hinder its
25lawful use by others.
26The bill provides that a person commits an aggravated
27misdemeanor when the person, without lawful authority or color
28of authority, obstructs any street, sidewalk, highway, or other
29public way with the intent to prevent or hinder its lawful use
30by others and does any of the following: obstructs or attempts
31to obstruct a fully controlled-access facility or a highway,
32street, or road in which a speed restriction is controlled by
33Code section 321.285(3) or 321.285(5); commits property damage;
34or is present during an unlawful assembly, as defined in Code
35section 723.2.
-3- 1The bill provides that a person commits a class “D”
2felony when the person, without lawful authority or color of
3authority, obstructs any street, sidewalk, highway, or other
4public way with the intent to prevent or hinder its lawful use
5by others and is present during a riot, as defined in Code
6section 723.1; or causes bodily injury.
7The bill provides that a person commits a class “C”
8felony when the person, without lawful authority or color of
9authority, obstructs any street, sidewalk, highway, or other
10public way with the intent to prevent its unlawful use by
11others and serious injury or death results.
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