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Senate File 534 - ReprintedA 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. NEW SECTION. 321.366A Immunity from civil
2liability for certain vehicle operators.
31. The driver of a vehicle who is exercising due care and
4who injures another person who is participating in a protest,
5demonstration, riot, or unlawful assembly or who is engaging in
6disorderly conduct and is blocking traffic in a public street
7or highway shall be immune from civil liability for the injury
8caused by the driver of the vehicle.
92. The driver of a vehicle who injures another person
10who is participating in a protest, demonstration, riot, or
11unlawful assembly or who is engaging in disorderly conduct and
12is blocking traffic in a public street or highway shall not
13be immune from civil liability if the actions leading to the
14injury caused by the driver of a vehicle constitute reckless
15or willful misconduct.
163. Subsection 1 shall not apply if the injured person
17participating in a protest or demonstration was doing so with a
18valid permit allowing persons to protest or demonstrate on the
19public street or highway where the injury occurred.
20 Sec. 2. Section 708.1, subsection 2, Code 2021, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. d. (1) Intentionally points a laser
23emitting a visible light beam at another person with the intent
24to cause pain or injury to another. For purposes of this
25paragraph, “laser” means a device that emits a visible light
26beam amplified by the stimulated emission of radiation and any
27light which simulates the appearance of a laser.
28(2) This paragraph does not apply to any of the following:
29(a) A law enforcement officer who uses a laser in
30discharging or attempting to discharge the officer’s official
31duties.
32(b) A health care professional who uses a laser in providing
33services within the scope of practice of that professional or
34any other person who is licensed or authorized by law to use a
35laser or who uses a laser in the performance of the person’s
-1-1official duties.
2(c) A person who uses a laser to play laser tag, paintball,
3and other similar games using light-emitting diode technology.
4 Sec. 3. Section 708.3A, subsections 1, 2, 3, and 4, Code
52021, are amended to read as follows:
61. A person who commits an assault, as defined in section
7708.1, against a peace officer, civilian employee of a law
8enforcement agency, jailer, correctional staff, member or
9employee of the board of parole, health care provider, employee
10of the department of human services, employee of the department
11of revenue, or fire fighter, whether paid or volunteer, or
12civilian employee of a fire department, with the knowledge
13that the person against whom the assault is committed is a
14peace officer, civilian employee of a law enforcement agency,
15 jailer, correctional staff, member or employee of the board
16of parole, health care provider, employee of the department
17of human services, employee of the department of revenue,
18or fire fighter, or civilian employee of a fire department,
19 and with the intent to inflict a serious injury upon the
20peace officer, civilian employee of a law enforcement agency,
21 jailer, correctional staff, member or employee of the board of
22parole, health care provider, employee of the department of
23human services, employee of the department of revenue, or fire
24fighter, or civilian employee of a fire department, is guilty
25of a class “D” “C” felony, with a mandatory minimum term of
26imprisonment of two years.
272. A person who commits an assault, as defined in section
28708.1, against a peace officer, civilian employee of a law
29enforcement agency, jailer, correctional staff, member
30or employee of the board of parole, health care provider,
31employee of the department of human services, employee of
32the department of revenue, or fire fighter, whether paid or
33volunteer, or civilian employee of a fire department, who knows
34that the person against whom the assault is committed is a
35peace officer, civilian employee of a law enforcement agency,
-2-1 jailer, correctional staff, member or employee of the board
2of parole, health care provider, employee of the department
3of human services, employee of the department of revenue, or
4 fire fighter, or civilian employee of a fire department, and
5who uses or displays a dangerous weapon in connection with the
6assault, is guilty of a class “D” “C” felony.
73. A person who commits an assault, as defined in section
8708.1, against a peace officer, a civilian employee of a
9law enforcement agency, jailer, correctional staff, member
10or employee of the board of parole, health care provider,
11employee of the department of human services, employee of
12the department of revenue, or fire fighter, whether paid or
13volunteer, or civilian employee of a fire department, who knows
14that the person against whom the assault is committed is a
15peace officer, a civilian employee of a law enforcement agency,
16 jailer, correctional staff, member or employee of the board
17of parole, health care provider, employee of the department
18of human services, employee of the department of revenue, or
19 fire fighter, or civilian employee of a fire department, and
20who causes bodily injury or mental illness, is guilty of an
21aggravated misdemeanor a class “D” felony, with a mandatory
22minimum term of imprisonment of one year.
234. Any other assault, as defined in section 708.1, committed
24against a peace officer, civilian employee of a law enforcement
25agency, jailer, correctional staff, member or employee of
26the board of parole, health care provider, employee of the
27department of human services, employee of the department of
28revenue, or fire fighter, or civilian employee of a fire
29department whether paid or volunteer, by a person who knows
30that the person against whom the assault is committed is a
31peace officer, jailer, correctional staff, member or employee
32of the board of parole, health care provider, employee of
33the department of human services, employee of the department
34of revenue, or fire fighter, is a serious an aggravated
35 misdemeanor.
-3-1 Sec. 4. Section 708.7, subsection 2, paragraph a, Code 2021,
2is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (4) Commits harassment against another
4person who is lawfully in a place of public accommodation.
5 Sec. 5. Section 716.4, subsection 1, Code 2021, is amended
6to read as follows:
71. Criminal mischief is criminal mischief in the second
8degree if the any of the following apply:
9a. Thecost of replacing, repairing, or restoring the
10property that is damaged, defaced, altered, or destroyed
11exceeds one thousand five hundred dollars but does not exceed
12ten thousand dollars.
13b. The acts damage, deface, alter, or destroy any publicly
14owned property, including a monument or a statue. In addition
15to any sentence imposed for a violation of this paragraph, the
16court shall include an order of restitution for any property
17damage or loss incurred as a result of the offense.
18 Sec. 6. Section 723.1, Code 2021, is amended to read as
19follows:
20723.1 Riot.
21A riot is three or more persons assembled together in a
22violent manner, to the disturbance of disturbing others, and
23with any use of unlawful force or violence by them or any of
24them against another person or persons, or causing property
25damage. A person who willingly joins in or remains a part of a
26riot, knowing or having reasonable grounds to believe that it
27is such, commits an aggravated misdemeanor a class “D” felony.
28 Sec. 7. Section 723.2, Code 2021, is amended to read as
29follows:
30723.2 Unlawful assembly.
31An unlawful assembly is three or more persons assembled
32together, with them or any of them acting in a violent manner,
33and with intent that they or any of them will commit a public
34offense. A person who willingly joins in or remains a part
35of an unlawful assembly, knowing or having reasonable grounds
-4-1to believe that it is such, commits a simple an aggravated
2 misdemeanor.
3 Sec. 8. Section 723.4, Code 2021, is amended by striking the
4section and inserting in lieu thereof the following:
5723.4 Disorderly conduct.
61. A person commits a simple misdemeanor when the person
7does any of the following:
8a. Engages in fighting or violent behavior in any public
9place or in or near any lawful assembly of persons, provided,
10that participants in athletic contests may engage in such
11conduct which is reasonably related to that sport.
12b. Makes loud and raucous noise in the vicinity of any
13residence or public building which causes unreasonable distress
14to the occupants thereof.
15c. Directs abusive epithets or makes any threatening gesture
16which the person knows or reasonably should know is likely to
17provoke a violent reaction by another.
18d. Without lawful authority or color of authority, the
19person disturbs any lawful assembly or meeting of persons by
20conduct intended to disrupt the meeting or assembly.
21e. By words or action, initiates or circulates a report or
22warning of fire, epidemic, or other catastrophe, knowing such
23report to be false or such warning to be baseless.
24f. (1) Knowingly and publicly uses the flag of the United
25States in such a manner as to show disrespect for the flag as
26a symbol of the United States, with the intent or reasonable
27expectation that such use will provoke or encourage another to
28commit trespass or assault.
29(2) As used in this paragraph:
30(a) “Deface” means to intentionally mar the external
31appearance.
32(b) “Defile” means to intentionally make physically unclean.
33(c) “Flag” means a piece of woven cloth or other material
34designed to be flown from a pole or mast.
35(d) “Mutilate” means to intentionally cut up or alter so as
-5-1to make imperfect.
2(e) “Show disrespect” means to deface, defile, mutilate, or
3trample.
4(f) “Trample” means to intentionally tread upon or
5intentionally cause a machine, vehicle, or animal to tread
6upon.
7(3) This paragraph does not apply to a flag retirement
8ceremony conducted pursuant to federal law.
92. A person commits a serious misdemeanor when the person,
10without lawful authority or color of authority, obstructs any
11street, sidewalk, highway, or other public way, with the intent
12to prevent or hinder its lawful use by others.
133. A person commits an aggravated misdemeanor when the
14person commits disorderly conduct as described in subsection 2
15and does any of the following:
16a. Obstructs or attempts to obstruct a fully
17controlled-access facility on a highway, street, or road in
18which the speed restriction is controlled by section 321.285,
19subsection 3 or 5.
20b. Commits property damage.
21c. Is present during an unlawful assembly as defined in
22section 723.2.
234. A person commits a class “D” felony when the person
24commits disorderly conduct as described in subsection 2 and
25does any of the following:
26a. Is present during a riot as defined in section 723.1.
27b. Causes bodily injury.
285. A person commits a class “C” felony when the person
29commits disorderly conduct as described in subsection 2 and the
30person causes serious bodily injury or death.
31 Sec. 9. NEW SECTION. 723.6 Interference with public
32disorder control.
33Any person who possesses a tool, instrument, or device
34with the intent to use the tool, instrument, or device to
35suppress or disrupt law enforcement from legally deploying a
-6-1device to control public disorder under this chapter commits an
2aggravated misdemeanor.
3 Sec. 10. Section 804.21, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 7. Notwithstanding any other provision in
6this section:
7a. A defendant arrested for the offense of criminal
8mischief, as defined in section 716.4, subsection 1, paragraph
9“b”; rioting, as defined in section 723.1; unlawful assembly, as
10defined in section 723.2; or disorderly conduct, as defined in
11section 723.4, subsections 2 and 3, shall be held for at least
12twenty-four hours after the time of the arrest. The court
13may, however, release the defendant in less than twenty-four
14hours if the court finds that the defendant is not likely
15to immediately resume the criminal behavior based on the
16circumstances of the arrest and the defendant’s prior criminal
17history, if any.
18b. The findings of the court shall be reduced to writing.
19The written findings shall be attached to the warrant and be
20preserved as a permanent part of the record. The arresting
21officer shall make official note of the time of the arrest in
22order to establish the beginning of the twenty-four-hour period
23required by this subsection.
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2offenses, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 321.366A Immunity from civil
2liability for certain vehicle operators.
31. The driver of a vehicle who is exercising due care and
4who injures another person who is participating in a protest,
5demonstration, riot, or unlawful assembly or who is engaging in
6disorderly conduct and is blocking traffic in a public street
7or highway shall be immune from civil liability for the injury
8caused by the driver of the vehicle.
92. The driver of a vehicle who injures another person
10who is participating in a protest, demonstration, riot, or
11unlawful assembly or who is engaging in disorderly conduct and
12is blocking traffic in a public street or highway shall not
13be immune from civil liability if the actions leading to the
14injury caused by the driver of a vehicle constitute reckless
15or willful misconduct.
163. Subsection 1 shall not apply if the injured person
17participating in a protest or demonstration was doing so with a
18valid permit allowing persons to protest or demonstrate on the
19public street or highway where the injury occurred.
20 Sec. 2. Section 708.1, subsection 2, Code 2021, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. d. (1) Intentionally points a laser
23emitting a visible light beam at another person with the intent
24to cause pain or injury to another. For purposes of this
25paragraph, “laser” means a device that emits a visible light
26beam amplified by the stimulated emission of radiation and any
27light which simulates the appearance of a laser.
28(2) This paragraph does not apply to any of the following:
29(a) A law enforcement officer who uses a laser in
30discharging or attempting to discharge the officer’s official
31duties.
32(b) A health care professional who uses a laser in providing
33services within the scope of practice of that professional or
34any other person who is licensed or authorized by law to use a
35laser or who uses a laser in the performance of the person’s
-1-1official duties.
2(c) A person who uses a laser to play laser tag, paintball,
3and other similar games using light-emitting diode technology.
4 Sec. 3. Section 708.3A, subsections 1, 2, 3, and 4, Code
52021, are amended to read as follows:
61. A person who commits an assault, as defined in section
7708.1, against a peace officer, civilian employee of a law
8enforcement agency, jailer, correctional staff, member or
9employee of the board of parole, health care provider, employee
10of the department of human services, employee of the department
11of revenue, or fire fighter, whether paid or volunteer, or
12civilian employee of a fire department, with the knowledge
13that the person against whom the assault is committed is a
14peace officer, civilian employee of a law enforcement agency,
15 jailer, correctional staff, member or employee of the board
16of parole, health care provider, employee of the department
17of human services, employee of the department of revenue,
18or fire fighter, or civilian employee of a fire department,
19 and with the intent to inflict a serious injury upon the
20peace officer, civilian employee of a law enforcement agency,
21 jailer, correctional staff, member or employee of the board of
22parole, health care provider, employee of the department of
23human services, employee of the department of revenue, or fire
24fighter, or civilian employee of a fire department, is guilty
25of a class “D” “C” felony, with a mandatory minimum term of
26imprisonment of two years.
272. A person who commits an assault, as defined in section
28708.1, against a peace officer, civilian employee of a law
29enforcement agency, jailer, correctional staff, member
30or employee of the board of parole, health care provider,
31employee of the department of human services, employee of
32the department of revenue, or fire fighter, whether paid or
33volunteer, or civilian employee of a fire department, who knows
34that the person against whom the assault is committed is a
35peace officer, civilian employee of a law enforcement agency,
-2-1 jailer, correctional staff, member or employee of the board
2of parole, health care provider, employee of the department
3of human services, employee of the department of revenue, or
4 fire fighter, or civilian employee of a fire department, and
5who uses or displays a dangerous weapon in connection with the
6assault, is guilty of a class “D” “C” felony.
73. A person who commits an assault, as defined in section
8708.1, against a peace officer, a civilian employee of a
9law enforcement agency, jailer, correctional staff, member
10or employee of the board of parole, health care provider,
11employee of the department of human services, employee of
12the department of revenue, or fire fighter, whether paid or
13volunteer, or civilian employee of a fire department, who knows
14that the person against whom the assault is committed is a
15peace officer, a civilian employee of a law enforcement agency,
16 jailer, correctional staff, member or employee of the board
17of parole, health care provider, employee of the department
18of human services, employee of the department of revenue, or
19 fire fighter, or civilian employee of a fire department, and
20who causes bodily injury or mental illness, is guilty of an
21aggravated misdemeanor a class “D” felony, with a mandatory
22minimum term of imprisonment of one year.
234. Any other assault, as defined in section 708.1, committed
24against a peace officer, civilian employee of a law enforcement
25agency, jailer, correctional staff, member or employee of
26the board of parole, health care provider, employee of the
27department of human services, employee of the department of
28revenue, or fire fighter, or civilian employee of a fire
29department whether paid or volunteer, by a person who knows
30that the person against whom the assault is committed is a
31peace officer, jailer, correctional staff, member or employee
32of the board of parole, health care provider, employee of
33the department of human services, employee of the department
34of revenue, or fire fighter, is a serious an aggravated
35 misdemeanor.
-3-1 Sec. 4. Section 708.7, subsection 2, paragraph a, Code 2021,
2is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (4) Commits harassment against another
4person who is lawfully in a place of public accommodation.
5 Sec. 5. Section 716.4, subsection 1, Code 2021, is amended
6to read as follows:
71. Criminal mischief is criminal mischief in the second
8degree if the any of the following apply:
9a. Thecost of replacing, repairing, or restoring the
10property that is damaged, defaced, altered, or destroyed
11exceeds one thousand five hundred dollars but does not exceed
12ten thousand dollars.
13b. The acts damage, deface, alter, or destroy any publicly
14owned property, including a monument or a statue. In addition
15to any sentence imposed for a violation of this paragraph, the
16court shall include an order of restitution for any property
17damage or loss incurred as a result of the offense.
18 Sec. 6. Section 723.1, Code 2021, is amended to read as
19follows:
20723.1 Riot.
21A riot is three or more persons assembled together in a
22violent manner, to the disturbance of disturbing others, and
23with any use of unlawful force or violence by them or any of
24them against another person or persons, or causing property
25damage. A person who willingly joins in or remains a part of a
26riot, knowing or having reasonable grounds to believe that it
27is such, commits an aggravated misdemeanor a class “D” felony.
28 Sec. 7. Section 723.2, Code 2021, is amended to read as
29follows:
30723.2 Unlawful assembly.
31An unlawful assembly is three or more persons assembled
32together, with them or any of them acting in a violent manner,
33and with intent that they or any of them will commit a public
34offense. A person who willingly joins in or remains a part
35of an unlawful assembly, knowing or having reasonable grounds
-4-1to believe that it is such, commits a simple an aggravated
2 misdemeanor.
3 Sec. 8. Section 723.4, Code 2021, is amended by striking the
4section and inserting in lieu thereof the following:
5723.4 Disorderly conduct.
61. A person commits a simple misdemeanor when the person
7does any of the following:
8a. Engages in fighting or violent behavior in any public
9place or in or near any lawful assembly of persons, provided,
10that participants in athletic contests may engage in such
11conduct which is reasonably related to that sport.
12b. Makes loud and raucous noise in the vicinity of any
13residence or public building which causes unreasonable distress
14to the occupants thereof.
15c. Directs abusive epithets or makes any threatening gesture
16which the person knows or reasonably should know is likely to
17provoke a violent reaction by another.
18d. Without lawful authority or color of authority, the
19person disturbs any lawful assembly or meeting of persons by
20conduct intended to disrupt the meeting or assembly.
21e. By words or action, initiates or circulates a report or
22warning of fire, epidemic, or other catastrophe, knowing such
23report to be false or such warning to be baseless.
24f. (1) Knowingly and publicly uses the flag of the United
25States in such a manner as to show disrespect for the flag as
26a symbol of the United States, with the intent or reasonable
27expectation that such use will provoke or encourage another to
28commit trespass or assault.
29(2) As used in this paragraph:
30(a) “Deface” means to intentionally mar the external
31appearance.
32(b) “Defile” means to intentionally make physically unclean.
33(c) “Flag” means a piece of woven cloth or other material
34designed to be flown from a pole or mast.
35(d) “Mutilate” means to intentionally cut up or alter so as
-5-1to make imperfect.
2(e) “Show disrespect” means to deface, defile, mutilate, or
3trample.
4(f) “Trample” means to intentionally tread upon or
5intentionally cause a machine, vehicle, or animal to tread
6upon.
7(3) This paragraph does not apply to a flag retirement
8ceremony conducted pursuant to federal law.
92. A person commits a serious misdemeanor when the person,
10without lawful authority or color of authority, obstructs any
11street, sidewalk, highway, or other public way, with the intent
12to prevent or hinder its lawful use by others.
133. A person commits an aggravated misdemeanor when the
14person commits disorderly conduct as described in subsection 2
15and does any of the following:
16a. Obstructs or attempts to obstruct a fully
17controlled-access facility on a highway, street, or road in
18which the speed restriction is controlled by section 321.285,
19subsection 3 or 5.
20b. Commits property damage.
21c. Is present during an unlawful assembly as defined in
22section 723.2.
234. A person commits a class “D” felony when the person
24commits disorderly conduct as described in subsection 2 and
25does any of the following:
26a. Is present during a riot as defined in section 723.1.
27b. Causes bodily injury.
285. A person commits a class “C” felony when the person
29commits disorderly conduct as described in subsection 2 and the
30person causes serious bodily injury or death.
31 Sec. 9. NEW SECTION. 723.6 Interference with public
32disorder control.
33Any person who possesses a tool, instrument, or device
34with the intent to use the tool, instrument, or device to
35suppress or disrupt law enforcement from legally deploying a
-6-1device to control public disorder under this chapter commits an
2aggravated misdemeanor.
3 Sec. 10. Section 804.21, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 7. Notwithstanding any other provision in
6this section:
7a. A defendant arrested for the offense of criminal
8mischief, as defined in section 716.4, subsection 1, paragraph
9“b”; rioting, as defined in section 723.1; unlawful assembly, as
10defined in section 723.2; or disorderly conduct, as defined in
11section 723.4, subsections 2 and 3, shall be held for at least
12twenty-four hours after the time of the arrest. The court
13may, however, release the defendant in less than twenty-four
14hours if the court finds that the defendant is not likely
15to immediately resume the criminal behavior based on the
16circumstances of the arrest and the defendant’s prior criminal
17history, if any.
18b. The findings of the court shall be reduced to writing.
19The written findings shall be attached to the warrant and be
20preserved as a permanent part of the record. The arresting
21officer shall make official note of the time of the arrest in
22order to establish the beginning of the twenty-four-hour period
23required by this subsection.
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