Senate File 534 - IntroducedA Bill ForAn Act 1relating to law enforcement and certain criminal
2offenses, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 80F.1, subsection 13, Code 2021, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
   413.  An officer who has suffered any injury, physical
5or otherwise, during the performance of official duties
6or directly related to the officer’s status as an officer,
7including due to a person knowingly filing a false complaint
8against the officer, shall have the right to pursue civil
9remedies under the law against any person, group of persons,
10organization, corporation, or the head of an organization or
11corporation, for damages including but not limited to actual
12damages, court costs, and reasonable attorney fees.
13   Sec. 2.  NEW SECTION.  321.366A  Immunity from civil liability
14for certain vehicle operators.
   151.  The driver of a vehicle who is exercising due care and
16who injures another person who is participating in a protest,
17demonstration, riot, or unlawful assembly or who is engaging in
18disorderly conduct and is blocking traffic in a public street
19or highway shall be immune from civil liability for the injury
20caused by the driver of the vehicle.
   212.  The driver of a vehicle who injures another person
22who is participating in a protest, demonstration, riot, or
23unlawful assembly or who is engaging in disorderly conduct and
24is blocking traffic in a public street or highway shall not
25be immune from civil liability if the actions leading to the
26injury caused by the driver of a vehicle constitute reckless
27or willful misconduct.
   283.  Subsection 1 shall not apply if the injured person
29participating in a protest or demonstration was doing so with a
30valid permit allowing persons to protest or demonstrate on the
31public street or highway where the injury occurred.
32   Sec. 3.  Section 331.604, subsection 3, paragraph b,
33subparagraph (3), Code 2021, is amended by adding the following
34new subparagraph division:
35   NEW SUBPARAGRAPH DIVISION.  (c)  Implementing and
-1-1maintaining a process for redacting the names of any law
2enforcement officer, as defined in section 80B.3, or state
3or federal judicial officer or state or federal prosecutor
4contained in electronic documents that are displayed for public
5access through an internet site.
6   Sec. 4.  Section 622.10, subsection 9, paragraphs a and b,
7Code 2021, are amended to read as follows:
   8a.  A peer support group counselor who obtains information
9from an officer or a civilian employee of a law enforcement
10agency or fire department
by reason of the counselor’s capacity
11as a peer support group counselor shall not be allowed, in
12giving testimony, to disclose any confidential communication
13properly entrusted to the counselor by the officer or civilian
14employee
while receiving counseling.
   15b.  The prohibition in this subsection does not apply
16where the officer or civilian employee has consented to the
17disclosure of the information specified in paragraph “a”
18or where the peer support group counselor was an initial
19responding officer, a witness, or a party to the incident which
20prompted the delivery of peer support group counseling services
21to the officer or civilian employee.
22   Sec. 5.  Section 708.1, subsection 2, Code 2021, is amended
23by adding the following new paragraph:
24   NEW PARAGRAPH.  d.  (1)  Intentionally points a laser
25emitting a visible light beam at another person with the intent
26to cause pain or injury to another. For purposes of this
27paragraph, “laser” means a device that emits a visible light
28beam amplified by the stimulated emission of radiation and any
29light which simulates the appearance of a laser.
   30(2)  This paragraph does not apply to any of the following:
   31(a)  A law enforcement officer who uses a laser in
32discharging or attempting to discharge the officer’s official
33duties.
   34(b)  A health care professional who uses a laser in providing
35services within the scope of practice of that professional or
-2-1any other person who is licensed or authorized by law to use a
2laser or who uses a laser in the performance of the person’s
3official duties.
   4(c)  A person who uses a laser to play laser tag, paintball,
5and other similar games using light-emitting diode technology.
6   Sec. 6.  Section 708.3A, subsections 1, 2, 3, and 4, Code
72021, are amended to read as follows:
   81.  A person who commits an assault, as defined in section
9708.1, against a peace officer, civilian employee of a law
10enforcement agency,
jailer, correctional staff, member or
11employee of the board of parole, health care provider, employee
12of the department of human services, employee of the department
13of revenue, or fire fighter, whether paid or volunteer, or
14civilian employee of a fire department,
with the knowledge
15that the person against whom the assault is committed is a
16peace officer, civilian employee of a law enforcement agency,
17 jailer, correctional staff, member or employee of the board
18of parole, health care provider, employee of the department
19of human services, employee of the department of revenue,
20or fire fighter, or civilian employee of a fire department,
21 and with the intent to inflict a serious injury upon the
22peace officer, civilian employee of a law enforcement agency,
23 jailer, correctional staff, member or employee of the board of
24parole, health care provider, employee of the department of
25human services, employee of the department of revenue, or fire
26fighter, or civilian employee of a fire department, is guilty
27of a class “D” “C” felony, with a mandatory minimum term of
28imprisonment of two years
.
   292.  A person who commits an assault, as defined in section
30708.1, against a peace officer, civilian employee of a law
31enforcement agency,
jailer, correctional staff, member
32or employee of the board of parole, health care provider,
33employee of the department of human services, employee of
34the department of revenue, or fire fighter, whether paid or
35volunteer, or civilian employee of a fire department, who knows
-3-1that the person against whom the assault is committed is a
2peace officer, civilian employee of a law enforcement agency,
3 jailer, correctional staff, member or employee of the board
4of parole, health care provider, employee of the department
5of human services, employee of the department of revenue, or
6 fire fighter, or civilian employee of a fire department, and
7who uses or displays a dangerous weapon in connection with the
8assault, is guilty of a class “D” “C” felony.
   93.  A person who commits an assault, as defined in section
10708.1, against a peace officer, a civilian employee of a
11law enforcement agency,
jailer, correctional staff, member
12or employee of the board of parole, health care provider,
13employee of the department of human services, employee of
14the department of revenue, or fire fighter, whether paid or
15volunteer, or civilian employee of a fire department, who knows
16that the person against whom the assault is committed is a
17peace officer, a civilian employee of a law enforcement agency,
18 jailer, correctional staff, member or employee of the board
19of parole, health care provider, employee of the department
20of human services, employee of the department of revenue, or
21 fire fighter, or civilian employee of a fire department, and
22who causes bodily injury or mental illness, is guilty of an
23aggravated misdemeanor
 a class “D” felony, with a mandatory
24minimum term of imprisonment of one year
.
   254.  Any other assault, as defined in section 708.1, committed
26against a peace officer, civilian employee of a law enforcement
27agency,
jailer, correctional staff, member or employee of
28the board of parole, health care provider, employee of the
29department of human services, employee of the department of
30revenue, or fire fighter, or civilian employee of a fire
31department
whether paid or volunteer, by a person who knows
32that the person against whom the assault is committed is a
33peace officer, jailer, correctional staff, member or employee
34of the board of parole, health care provider, employee of
35the department of human services, employee of the department
-4-1of revenue, or fire fighter, is a serious an aggravated
2 misdemeanor.
3   Sec. 7.  Section 708.7, subsection 2, paragraph a, Code 2021,
4is amended by adding the following new subparagraph:
5   NEW SUBPARAGRAPH.  (4)  Commits harassment against another
6person who is lawfully in a place of public accommodation.
7   Sec. 8.  Section 716.4, subsection 1, Code 2021, is amended
8to read as follows:
   91.  Criminal mischief is criminal mischief in the second
10degree if the any of the following apply:
   11a.   Thecost of replacing, repairing, or restoring the
12property that is damaged, defaced, altered, or destroyed
13exceeds one thousand five hundred dollars but does not exceed
14ten thousand dollars.
   15b.  The acts damage, deface, alter, or destroy any publicly
16owned property, including a monument or a statue. In addition
17to any sentence imposed for a violation of this paragraph, the
18court shall include an order of restitution for any property
19damage or loss incurred as a result of the offense.
20   Sec. 9.  Section 723.1, Code 2021, is amended to read as
21follows:
   22723.1  Riot.
   23A riot is three or more persons assembled together in a
24violent manner, to the disturbance of disturbing others, and
25with any use of unlawful force or violence by them or any of
26them against another person or persons, or causing property
27damage. A person who willingly joins in or remains a part of a
28riot, knowing or having reasonable grounds to believe that it
29is such, commits an aggravated misdemeanor a class “D” felony.
30   Sec. 10.  Section 723.2, Code 2021, is amended to read as
31follows:
   32723.2  Unlawful assembly.
   33An unlawful assembly is three or more persons assembled
34together, with them or any of them acting in a violent manner,
35and with intent that they or any of them will commit a public
-5-1offense. A person who willingly joins in or remains a part
2of an unlawful assembly, knowing or having reasonable grounds
3to believe that it is such, commits a simple an aggravated
4 misdemeanor.
5   Sec. 11.  Section 723.4, Code 2021, is amended by striking
6the section and inserting in lieu thereof the following:
   7723.4  Disorderly conduct.
   81.  A person commits a simple misdemeanor when the person
9does any of the following:
   10a.  Engages in fighting or violent behavior in any public
11place or in or near any lawful assembly of persons, provided,
12that participants in athletic contests may engage in such
13conduct which is reasonably related to that sport.
   14b.  Makes loud and raucous noise in the vicinity of any
15residence or public building which causes unreasonable distress
16to the occupants thereof.
   17c.  Directs abusive epithets or makes any threatening gesture
18which the person knows or reasonably should know is likely to
19provoke a violent reaction by another.
   20d.  Without lawful authority or color of authority, the
21person disturbs any lawful assembly or meeting of persons by
22conduct intended to disrupt the meeting or assembly.
   23e.  By words or action, initiates or circulates a report or
24warning of fire, epidemic, or other catastrophe, knowing such
25report to be false or such warning to be baseless.
   26f.  (1)  Knowingly and publicly uses the flag of the United
27States in such a manner as to show disrespect for the flag as
28a symbol of the United States, with the intent or reasonable
29expectation that such use will provoke or encourage another to
30commit trespass or assault.
   31(2)  As used in this paragraph:
   32(a)  “Deface” means to intentionally mar the external
33appearance.
   34(b)  “Defile” means to intentionally make physically unclean.
   35(c)  “Flag” means a piece of woven cloth or other material
-6-1designed to be flown from a pole or mast.
   2(d)  “Mutilate” means to intentionally cut up or alter so as
3to make imperfect.
   4(e)  “Show disrespect” means to deface, defile, mutilate, or
5trample.
   6(f)  “Trample” means to intentionally tread upon or
7intentionally cause a machine, vehicle, or animal to tread
8upon.
   9(3)  This paragraph does not apply to a flag retirement
10ceremony conducted pursuant to federal law.
   112.  A person commits a serious misdemeanor when the person,
12without lawful authority or color of authority, obstructs any
13street, sidewalk, highway, or other public way, with the intent
14to prevent or hinder its lawful use by others.
   153.  A person commits an aggravated misdemeanor when the
16person commits disorderly conduct as described in subsection 2
17and does any of the following:
   18a.  Obstructs or attempts to obstruct a fully
19controlled-access facility on a highway, street, or road in
20which the speed restriction is controlled by section 321.285,
21subsection 3 or 5.
   22b.  Commits property damage.
   23c.  Is present during an unlawful assembly as defined in
24section 723.2.
   254.  A person commits a class “D” felony when the person
26commits disorderly conduct as described in subsection 2 and
27does any of the following:
   28a.  Is present during a riot as defined in section 723.1.
   29b.  Causes bodily injury.
   305.  A person commits a class “C” felony when the person
31commits disorderly conduct as described in subsection 2 and the
32person causes serious bodily injury or death.
33   Sec. 12.  Section 804.21, Code 2021, is amended by adding the
34following new subsection:
35   NEW SUBSECTION.  7.  Notwithstanding any other provision in
-7-1this section:
   2a.  A defendant arrested for the offense of criminal
3mischief, as defined in section 716.4, subsection 1, paragraph
4“b”; rioting, as defined in section 723.1; unlawful assembly, as
5defined in section 723.2; or disorderly conduct, as defined in
6section 723.4, subsections 2 and 3, shall be held for at least
7twenty-four hours after the time of the arrest. The court
8may, however, release the defendant in less than twenty-four
9hours if the court finds that the defendant is not likely
10to immediately resume the criminal behavior based on the
11circumstances of the arrest and the defendant’s prior criminal
12history, if any.
   13b.  The findings of the court shall be reduced to writing.
14The written findings shall be attached to the warrant and be
15preserved as a permanent part of the record. The arresting
16officer shall make official note of the time of the arrest in
17order to establish the beginning of the twenty-four-hour period
18required by this subsection.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
   22This bill relates to law enforcement and certain criminal
23offenses, and provides penalties.
   24PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL
25OF RIGHTS. The bill provides that an officer who has suffered
26any injury, physical or otherwise, during the performance of
27official duties or directly related to the officer’s status as
28an officer, including due to a person knowingly filing a false
29complaint against the officer, shall have the right to pursue
30civil remedies under the law against any person, group of
31persons, or organization or corporation including the head of
32an organization or corporation, for damages including but not
33limited to actual damages, court costs, and reasonable attorney
34fees.
   35IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN VEHICLE OPERATORS.
-8-1 The bill provides that the driver of a vehicle who is
2exercising due care and who injures another person who is
3participating in a protest, demonstration, riot, or unlawful
4assembly or who is engaging in disorderly conduct and is
5blocking traffic in a public street or highway is immune from
6civil liability for the injury. The driver shall not be immune
7from civil liability if the actions leading to the injury
8constitute reckless or willful misconduct. The bill shall
9not apply if the injured person participating in a protest or
10demonstration was doing so with a valid permit allowing persons
11to protest or demonstrate on the public street or highway where
12the injury occurred.
   13COUNTY RECORDER FILING FEE. The bill provides that a
14county recorder shall collect an additional fee of $1 for
15each recorded transaction for which a fee is paid under Code
16section 331.604(1), which may be used for implementing and
17maintaining a process for redacting the names of any state or
18federal judicial officer, state or federal prosecutor, or law
19enforcement officer contained in electronic documents that are
20displayed for public access through an internet site.
   21COMMUNICATIONS IN PROFESSIONAL CONFIDENCE. The bill
22provides that a peer support group counselor who obtains
23information from an officer or a civilian employee of a law
24enforcement agency or fire department shall not be allowed, in
25giving testimony, to disclose any confidential communication
26properly entrusted to the counselor by the officer or civilian
27employee while receiving counseling. The officer or civilian
28employee may consent to the disclosure.
   29ASSAULTS. The bill adds intentionally pointing a laser
30emitting a visible light beam at another person with the
31intent to cause pain or injury to another to the definition of
32assault. This definition does not apply to a law enforcement
33officer who uses a laser in discharging or attempting to
34discharge the officer’s official duties, to a health care
35professional who uses a laser in providing services or to any
-9-1other person who is licensed or authorized by law to use a
2laser or uses it in the performance of the person’s official
3duties, or to a person who uses a laser to play tag, paintball,
4and other similar games using light-emitting diode technology.
   5The bill amends Code section 708.3A relating to assaults
6on persons engaged in certain occupations by adding a civil
7employee of a law enforcement agency and a civil employee of
8a fire department to the list of persons engaged in certain
9occupations against whom an assault is committed and increasing
10the penalties for violations of the Code section. A person who
11commits an assault against any of the persons listed in the
12Code section with the intent to inflict a serious injury, or
13who uses or displays a dangerous weapon in connection with the
14assault, commits a class “C” felony; a person who commits an
15assault against any of the persons listed in the Code section
16who uses or displays a dangerous weapon in connection with the
17assault commits a class “C” felony; a person who commits an
18assault which causes bodily injury or mental illness commits a
19class “D” felony, with a mandatory minimum term of imprisonment
20of one year; and a person who commits any other assault commits
21an aggravated misdemeanor.
   22HARASSMENT. The bill provides that a person commits
23harassment in the first degree when the person commits
24harassment against another person who is lawfully in a place
25of public accommodation. Harassment in the first degree is an
26aggravated misdemeanor.
   27CRIMINAL MISCHIEF IN THE SECOND DEGREE. The bill provides
28that acts of a person which damage, deface, alter, or destroy
29any publicly owned property, including a monument or statue, is
30criminal mischief in the second degree. Criminal mischief in
31the second degree is a class “D” felony.
   32RIOT CRIMES. The bill increases the penalty for a riot crime
33from an aggravated misdemeanor to a class “D” felony.
   34UNLAWFUL ASSEMBLY. The bill increases the penalty for
35unlawful assembly from a simple misdemeanor to an aggravated
-10-1misdemeanor.
   2DISORDERLY CONDUCT. Current law provides that all
3violations of Code section 723.4 (disorderly conduct) are
4simple misdemeanors. The bill amends Code section 723.4 by
5providing additional criminal penalties greater than a simple
6misdemeanor for additional acts of disorderly conduct.
   7The bill provides that a person commits a serious
8misdemeanor when the person, without lawful authority or
9color of authority, obstructs or attempts to obstruct any
10street, sidewalk, highway, or other public way, or obstructs or
11attempts to obstruct any business, business drive, parking lot,
12or business access, with the intent to prevent or hinder its
13lawful use by others.
   14The bill provides that a person commits an aggravated
15misdemeanor when the person, without lawful authority or color
16of authority, obstructs any street, sidewalk, highway, or other
17public way with the intent to prevent or hinder its lawful use
18by others and does any of the following: obstructs or attempts
19to obstruct a fully controlled-access facility or a highway,
20street, or road in which a speed restriction is controlled
21under Code section 321.285(3) or (5); commits property damage;
22or is present during an unlawful assembly, as defined in Code
23section 723.2.
   24The bill provides that a person commits a class “D”
25felony when the person, without lawful authority or color of
26authority, obstructs any street, sidewalk, highway, or other
27public way with the intent to prevent or hinder its lawful use
28by others and is present during a riot, as defined in Code
29section 723.1; or causes bodily injury.
   30The bill provides that a person commits a class “C”
31felony when the person, without lawful authority or color of
32authority, obstructs any street, sidewalk, highway, or other
33public way with the intent to prevent its unlawful use by
34others and serious injury or death results.
   35ARREST BY WARRANT — CERTAIN CRIMES — HOLDING PERIOD. The
-11-1bill provides that a defendant arrested for criminal mischief
2in the second degree for an act that damages, defaces, alters,
3or destroys any publicly owned property including a monument or
4statue; for rioting; unlawful assembly; or disorderly conduct
5shall not be released within 24 hours of the time of arrest.
6The court may release the defendant in less than 24 hours if
7the court finds that the defendant is not likely to immediately
8resume the criminal behavior based on the circumstances of the
9arrest and the defendant’s criminal history. Court findings
10shall be in writing and shall be attached to the warrant.
   11PENALTY PROVISIONS. A class “C” felony is punishable
12by confinement for no more than 10 years and a fine of at
13least $1,370 but not more than $13,660. A class “D” felony
14is punishable by confinement for no more than five years
15and a fine of at least $1,025 but not more than $10,245. An
16aggravated misdemeanor is punishable by confinement for no more
17than two years and a fine of at least $855 but not more than
18$8,540. A serious misdemeanor is punishable by confinement for
19no more than one year and a fine of at least $430 but not more
20than $2,560.
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