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House Study Bill 722 - IntroducedA Bill ForAn Act 1relating to a public offense which is also a hate crime,
2and presentence investigation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692.15, subsection 7, Code 2022, is
2amended to read as follows:
37. The hate crimes listed in A public offense which is also
4a hate crime as defined in section 729A.2 are is subject to the
5reporting requirements of this section.
6 Sec. 2. Section 729A.2, Code 2022, is amended to read as
7follows:
8729A.2 Violation of individual rights — hate crime.
91. “Hate crime” means one of the following any public
10offenses offense when committed against a person or a person’s
11property because of the person’s race, color, religion,
12ancestry, national origin, political affiliation, sex,
13sexual orientation, age, or disability, or the person’s
14association with a person of a certain race, color, religion,
15ancestry, national origin, political affiliation, sex, sexual
16orientation, age, or disability:.
171. Assault in violation of individual rights under section
18708.2C.
192. Violations of individual rights under section 712.9.
203. Criminal mischief in violation of individual rights
21under section 716.6A.
224. Trespass in violation of individual rights under section
23716.8, subsections 3 and 4.
242. A person convicted of a public offense which is also
25a hate crime may be subject to enhanced sentencing penalties
26pending a presentencing investigation as provided in section
27901.2, subsection 2, paragraph “e”.
28 Sec. 3. Section 901.2, subsection 2, paragraphs c and d,
29Code 2022, are amended to read as follows:
30c. The Except as provided in paragraph “e”, the court
31may order a presentence investigation when the offense is an
32aggravated misdemeanor.
33d. The Except as provided in paragraph “e”, the court may
34order a presentence investigation when the offense is a serious
35misdemeanor only upon a finding of exceptional circumstances
-1-1warranting an investigation. Notwithstanding section 901.3, a
2presentence investigation ordered by the court for a serious
3misdemeanor shall include information concerning only the
4following:
5(1) A brief personal and social history of the defendant.
6(2) The defendant’s criminal record.
7(3) The harm to the victim, the victim’s immediate family,
8and the community, including any completed victim impact
9statement or statements and restitution plan.
10 Sec. 4. Section 901.2, subsection 2, Code 2022, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. e. The court may order a presentence
13investigation for any public offense which is also a hate crime
14as defined in section 729A.2.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to a public offense which is also a hate
19crime, and presentence investigation.
20Current law provides that a “hate crime” means a violation
21of certain specified public offenses committed because of a
22person’s race, color, religion, ancestry, national origin,
23political affiliation, sex, sexual orientation, age, or
24disability, or the person’s association with a person of a
25certain race, color, religion, ancestry, national origin,
26political affiliation, sex, sexual orientation, age, or
27disability. The specified offenses include assault in
28violation of individual rights (Code section 708.2C), arson in
29violation of individual rights (Code section 712.9), criminal
30mischief in violation of individual rights (Code section
31716.6A), and trespass in violation of individual rights (Code
32section 716.8(3) and (4)).
33The bill provides that a “hate crime” means any public
34offense when committed against a person or a person’s
35property because of the person’s race, color, religion,
-2-1ancestry, national origin, political affiliation, sex,
2sexual orientation, age, or disability, or the person’s
3association with a person of a certain race, color, religion,
4ancestry, national origin, political affiliation, sex, sexual
5orientation, age, or disability.
6The bill provides that a person convicted of a public
7offense which is also a hate crime may be subject to enhanced
8sentencing penalties pending a presentencing investigation.
9The bill provides that the court may order a presentence
10investigation for any public offense which is also a hate
11crime.
12The bill makes a conforming Code change to the reporting
13requirements in Code chapter 692 (criminal history and
14intelligence data).
-3-as/rh
2and presentence investigation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 692.15, subsection 7, Code 2022, is
2amended to read as follows:
37. The hate crimes listed in A public offense which is also
4a hate crime as defined in section 729A.2 are is subject to the
5reporting requirements of this section.
6 Sec. 2. Section 729A.2, Code 2022, is amended to read as
7follows:
8729A.2 Violation of individual rights — hate crime.
91. “Hate crime” means one of the following any public
10offenses offense when committed against a person or a person’s
11property because of the person’s race, color, religion,
12ancestry, national origin, political affiliation, sex,
13sexual orientation, age, or disability, or the person’s
14association with a person of a certain race, color, religion,
15ancestry, national origin, political affiliation, sex, sexual
16orientation, age, or disability:.
171. Assault in violation of individual rights under section
18708.2C.
192. Violations of individual rights under section 712.9.
203. Criminal mischief in violation of individual rights
21under section 716.6A.
224. Trespass in violation of individual rights under section
23716.8, subsections 3 and 4.
242. A person convicted of a public offense which is also
25a hate crime may be subject to enhanced sentencing penalties
26pending a presentencing investigation as provided in section
27901.2, subsection 2, paragraph “e”.
28 Sec. 3. Section 901.2, subsection 2, paragraphs c and d,
29Code 2022, are amended to read as follows:
30c. The Except as provided in paragraph “e”, the court
31may order a presentence investigation when the offense is an
32aggravated misdemeanor.
33d. The Except as provided in paragraph “e”, the court may
34order a presentence investigation when the offense is a serious
35misdemeanor only upon a finding of exceptional circumstances
-1-1warranting an investigation. Notwithstanding section 901.3, a
2presentence investigation ordered by the court for a serious
3misdemeanor shall include information concerning only the
4following:
5(1) A brief personal and social history of the defendant.
6(2) The defendant’s criminal record.
7(3) The harm to the victim, the victim’s immediate family,
8and the community, including any completed victim impact
9statement or statements and restitution plan.
10 Sec. 4. Section 901.2, subsection 2, Code 2022, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. e. The court may order a presentence
13investigation for any public offense which is also a hate crime
14as defined in section 729A.2.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to a public offense which is also a hate
19crime, and presentence investigation.
20Current law provides that a “hate crime” means a violation
21of certain specified public offenses committed because of a
22person’s race, color, religion, ancestry, national origin,
23political affiliation, sex, sexual orientation, age, or
24disability, or the person’s association with a person of a
25certain race, color, religion, ancestry, national origin,
26political affiliation, sex, sexual orientation, age, or
27disability. The specified offenses include assault in
28violation of individual rights (Code section 708.2C), arson in
29violation of individual rights (Code section 712.9), criminal
30mischief in violation of individual rights (Code section
31716.6A), and trespass in violation of individual rights (Code
32section 716.8(3) and (4)).
33The bill provides that a “hate crime” means any public
34offense when committed against a person or a person’s
35property because of the person’s race, color, religion,
-2-1ancestry, national origin, political affiliation, sex,
2sexual orientation, age, or disability, or the person’s
3association with a person of a certain race, color, religion,
4ancestry, national origin, political affiliation, sex, sexual
5orientation, age, or disability.
6The bill provides that a person convicted of a public
7offense which is also a hate crime may be subject to enhanced
8sentencing penalties pending a presentencing investigation.
9The bill provides that the court may order a presentence
10investigation for any public offense which is also a hate
11crime.
12The bill makes a conforming Code change to the reporting
13requirements in Code chapter 692 (criminal history and
14intelligence data).
-3-as/rh