Bill Text: IA SF534 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to law enforcement and certain criminal offenses, and providing penalties. (Formerly SF 497.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-03-25 - Amendment H-1306 filed. H.J. 855. [SF534 Detail]
Download: Iowa-2021-SF534-Amended.html
Senate
File
534
-
Reprinted
SENATE
FILE
534
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
497)
(As
Amended
and
Passed
by
the
Senate
March
10,
2021
)
A
BILL
FOR
An
Act
relating
to
law
enforcement
and
certain
criminal
1
offenses,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
SF
534
(2)
89
as/rh/mb
S.F.
534
Section
1.
NEW
SECTION
.
321.366A
Immunity
from
civil
1
liability
for
certain
vehicle
operators.
2
1.
The
driver
of
a
vehicle
who
is
exercising
due
care
and
3
who
injures
another
person
who
is
participating
in
a
protest,
4
demonstration,
riot,
or
unlawful
assembly
or
who
is
engaging
in
5
disorderly
conduct
and
is
blocking
traffic
in
a
public
street
6
or
highway
shall
be
immune
from
civil
liability
for
the
injury
7
caused
by
the
driver
of
the
vehicle.
8
2.
The
driver
of
a
vehicle
who
injures
another
person
9
who
is
participating
in
a
protest,
demonstration,
riot,
or
10
unlawful
assembly
or
who
is
engaging
in
disorderly
conduct
and
11
is
blocking
traffic
in
a
public
street
or
highway
shall
not
12
be
immune
from
civil
liability
if
the
actions
leading
to
the
13
injury
caused
by
the
driver
of
a
vehicle
constitute
reckless
14
or
willful
misconduct.
15
3.
Subsection
1
shall
not
apply
if
the
injured
person
16
participating
in
a
protest
or
demonstration
was
doing
so
with
a
17
valid
permit
allowing
persons
to
protest
or
demonstrate
on
the
18
public
street
or
highway
where
the
injury
occurred.
19
Sec.
2.
Section
708.1,
subsection
2,
Code
2021,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
d.
(1)
Intentionally
points
a
laser
22
emitting
a
visible
light
beam
at
another
person
with
the
intent
23
to
cause
pain
or
injury
to
another.
For
purposes
of
this
24
paragraph,
“laser”
means
a
device
that
emits
a
visible
light
25
beam
amplified
by
the
stimulated
emission
of
radiation
and
any
26
light
which
simulates
the
appearance
of
a
laser.
27
(2)
This
paragraph
does
not
apply
to
any
of
the
following:
28
(a)
A
law
enforcement
officer
who
uses
a
laser
in
29
discharging
or
attempting
to
discharge
the
officer’s
official
30
duties.
31
(b)
A
health
care
professional
who
uses
a
laser
in
providing
32
services
within
the
scope
of
practice
of
that
professional
or
33
any
other
person
who
is
licensed
or
authorized
by
law
to
use
a
34
laser
or
who
uses
a
laser
in
the
performance
of
the
person’s
35
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official
duties.
1
(c)
A
person
who
uses
a
laser
to
play
laser
tag,
paintball,
2
and
other
similar
games
using
light-emitting
diode
technology.
3
Sec.
3.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
4
2021,
are
amended
to
read
as
follows:
5
1.
A
person
who
commits
an
assault,
as
defined
in
section
6
708.1
,
against
a
peace
officer,
civilian
employee
of
a
law
7
enforcement
agency,
jailer,
correctional
staff,
member
or
8
employee
of
the
board
of
parole,
health
care
provider,
employee
9
of
the
department
of
human
services,
employee
of
the
department
10
of
revenue,
or
fire
fighter,
whether
paid
or
volunteer,
or
11
civilian
employee
of
a
fire
department,
with
the
knowledge
12
that
the
person
against
whom
the
assault
is
committed
is
a
13
peace
officer,
civilian
employee
of
a
law
enforcement
agency,
14
jailer,
correctional
staff,
member
or
employee
of
the
board
15
of
parole,
health
care
provider,
employee
of
the
department
16
of
human
services,
employee
of
the
department
of
revenue,
17
or
fire
fighter
,
or
civilian
employee
of
a
fire
department,
18
and
with
the
intent
to
inflict
a
serious
injury
upon
the
19
peace
officer,
civilian
employee
of
a
law
enforcement
agency,
20
jailer,
correctional
staff,
member
or
employee
of
the
board
of
21
parole,
health
care
provider,
employee
of
the
department
of
22
human
services,
employee
of
the
department
of
revenue,
or
fire
23
fighter,
or
civilian
employee
of
a
fire
department,
is
guilty
24
of
a
class
“D”
“C”
felony
,
with
a
mandatory
minimum
term
of
25
imprisonment
of
two
years
.
26
2.
A
person
who
commits
an
assault,
as
defined
in
section
27
708.1
,
against
a
peace
officer,
civilian
employee
of
a
law
28
enforcement
agency,
jailer,
correctional
staff,
member
29
or
employee
of
the
board
of
parole,
health
care
provider,
30
employee
of
the
department
of
human
services,
employee
of
31
the
department
of
revenue,
or
fire
fighter,
whether
paid
or
32
volunteer,
or
civilian
employee
of
a
fire
department,
who
knows
33
that
the
person
against
whom
the
assault
is
committed
is
a
34
peace
officer,
civilian
employee
of
a
law
enforcement
agency,
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jailer,
correctional
staff,
member
or
employee
of
the
board
1
of
parole,
health
care
provider,
employee
of
the
department
2
of
human
services,
employee
of
the
department
of
revenue,
or
3
fire
fighter
,
or
civilian
employee
of
a
fire
department,
and
4
who
uses
or
displays
a
dangerous
weapon
in
connection
with
the
5
assault,
is
guilty
of
a
class
“D”
“C”
felony.
6
3.
A
person
who
commits
an
assault,
as
defined
in
section
7
708.1
,
against
a
peace
officer,
a
civilian
employee
of
a
8
law
enforcement
agency,
jailer,
correctional
staff,
member
9
or
employee
of
the
board
of
parole,
health
care
provider,
10
employee
of
the
department
of
human
services,
employee
of
11
the
department
of
revenue,
or
fire
fighter,
whether
paid
or
12
volunteer,
or
civilian
employee
of
a
fire
department,
who
knows
13
that
the
person
against
whom
the
assault
is
committed
is
a
14
peace
officer,
a
civilian
employee
of
a
law
enforcement
agency,
15
jailer,
correctional
staff,
member
or
employee
of
the
board
16
of
parole,
health
care
provider,
employee
of
the
department
17
of
human
services,
employee
of
the
department
of
revenue,
or
18
fire
fighter,
or
civilian
employee
of
a
fire
department,
and
19
who
causes
bodily
injury
or
mental
illness,
is
guilty
of
an
20
aggravated
misdemeanor
a
class
“D”
felony,
with
a
mandatory
21
minimum
term
of
imprisonment
of
one
year
.
22
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
23
against
a
peace
officer,
civilian
employee
of
a
law
enforcement
24
agency,
jailer,
correctional
staff,
member
or
employee
of
25
the
board
of
parole,
health
care
provider,
employee
of
the
26
department
of
human
services,
employee
of
the
department
of
27
revenue,
or
fire
fighter,
or
civilian
employee
of
a
fire
28
department
whether
paid
or
volunteer,
by
a
person
who
knows
29
that
the
person
against
whom
the
assault
is
committed
is
a
30
peace
officer,
jailer,
correctional
staff,
member
or
employee
31
of
the
board
of
parole,
health
care
provider,
employee
of
32
the
department
of
human
services,
employee
of
the
department
33
of
revenue,
or
fire
fighter,
is
a
serious
an
aggravated
34
misdemeanor.
35
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Sec.
4.
Section
708.7,
subsection
2,
paragraph
a,
Code
2021,
1
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
Commits
harassment
against
another
3
person
who
is
lawfully
in
a
place
of
public
accommodation.
4
Sec.
5.
Section
716.4,
subsection
1,
Code
2021,
is
amended
5
to
read
as
follows:
6
1.
Criminal
mischief
is
criminal
mischief
in
the
second
7
degree
if
the
any
of
the
following
apply:
8
a.
The
cost
of
replacing,
repairing,
or
restoring
the
9
property
that
is
damaged,
defaced,
altered,
or
destroyed
10
exceeds
one
thousand
five
hundred
dollars
but
does
not
exceed
11
ten
thousand
dollars.
12
b.
The
acts
damage,
deface,
alter,
or
destroy
any
publicly
13
owned
property,
including
a
monument
or
a
statue.
In
addition
14
to
any
sentence
imposed
for
a
violation
of
this
paragraph,
the
15
court
shall
include
an
order
of
restitution
for
any
property
16
damage
or
loss
incurred
as
a
result
of
the
offense.
17
Sec.
6.
Section
723.1,
Code
2021,
is
amended
to
read
as
18
follows:
19
723.1
Riot.
20
A
riot
is
three
or
more
persons
assembled
together
in
a
21
violent
manner,
to
the
disturbance
of
disturbing
others,
and
22
with
any
use
of
unlawful
force
or
violence
by
them
or
any
of
23
them
against
another
person
or
persons
,
or
causing
property
24
damage.
A
person
who
willingly
joins
in
or
remains
a
part
of
a
25
riot,
knowing
or
having
reasonable
grounds
to
believe
that
it
26
is
such,
commits
an
aggravated
misdemeanor
a
class
“D”
felony
.
27
Sec.
7.
Section
723.2,
Code
2021,
is
amended
to
read
as
28
follows:
29
723.2
Unlawful
assembly.
30
An
unlawful
assembly
is
three
or
more
persons
assembled
31
together,
with
them
or
any
of
them
acting
in
a
violent
manner,
32
and
with
intent
that
they
or
any
of
them
will
commit
a
public
33
offense.
A
person
who
willingly
joins
in
or
remains
a
part
34
of
an
unlawful
assembly,
knowing
or
having
reasonable
grounds
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to
believe
that
it
is
such,
commits
a
simple
an
aggravated
1
misdemeanor.
2
Sec.
8.
Section
723.4,
Code
2021,
is
amended
by
striking
the
3
section
and
inserting
in
lieu
thereof
the
following:
4
723.4
Disorderly
conduct.
5
1.
A
person
commits
a
simple
misdemeanor
when
the
person
6
does
any
of
the
following:
7
a.
Engages
in
fighting
or
violent
behavior
in
any
public
8
place
or
in
or
near
any
lawful
assembly
of
persons,
provided,
9
that
participants
in
athletic
contests
may
engage
in
such
10
conduct
which
is
reasonably
related
to
that
sport.
11
b.
Makes
loud
and
raucous
noise
in
the
vicinity
of
any
12
residence
or
public
building
which
causes
unreasonable
distress
13
to
the
occupants
thereof.
14
c.
Directs
abusive
epithets
or
makes
any
threatening
gesture
15
which
the
person
knows
or
reasonably
should
know
is
likely
to
16
provoke
a
violent
reaction
by
another.
17
d.
Without
lawful
authority
or
color
of
authority,
the
18
person
disturbs
any
lawful
assembly
or
meeting
of
persons
by
19
conduct
intended
to
disrupt
the
meeting
or
assembly.
20
e.
By
words
or
action,
initiates
or
circulates
a
report
or
21
warning
of
fire,
epidemic,
or
other
catastrophe,
knowing
such
22
report
to
be
false
or
such
warning
to
be
baseless.
23
f.
(1)
Knowingly
and
publicly
uses
the
flag
of
the
United
24
States
in
such
a
manner
as
to
show
disrespect
for
the
flag
as
25
a
symbol
of
the
United
States,
with
the
intent
or
reasonable
26
expectation
that
such
use
will
provoke
or
encourage
another
to
27
commit
trespass
or
assault.
28
(2)
As
used
in
this
paragraph:
29
(a)
“Deface”
means
to
intentionally
mar
the
external
30
appearance.
31
(b)
“Defile”
means
to
intentionally
make
physically
unclean.
32
(c)
“Flag”
means
a
piece
of
woven
cloth
or
other
material
33
designed
to
be
flown
from
a
pole
or
mast.
34
(d)
“Mutilate”
means
to
intentionally
cut
up
or
alter
so
as
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to
make
imperfect.
1
(e)
“Show
disrespect”
means
to
deface,
defile,
mutilate,
or
2
trample.
3
(f)
“Trample”
means
to
intentionally
tread
upon
or
4
intentionally
cause
a
machine,
vehicle,
or
animal
to
tread
5
upon.
6
(3)
This
paragraph
does
not
apply
to
a
flag
retirement
7
ceremony
conducted
pursuant
to
federal
law.
8
2.
A
person
commits
a
serious
misdemeanor
when
the
person,
9
without
lawful
authority
or
color
of
authority,
obstructs
any
10
street,
sidewalk,
highway,
or
other
public
way,
with
the
intent
11
to
prevent
or
hinder
its
lawful
use
by
others.
12
3.
A
person
commits
an
aggravated
misdemeanor
when
the
13
person
commits
disorderly
conduct
as
described
in
subsection
2
14
and
does
any
of
the
following:
15
a.
Obstructs
or
attempts
to
obstruct
a
fully
16
controlled-access
facility
on
a
highway,
street,
or
road
in
17
which
the
speed
restriction
is
controlled
by
section
321.285,
18
subsection
3
or
5.
19
b.
Commits
property
damage.
20
c.
Is
present
during
an
unlawful
assembly
as
defined
in
21
section
723.2.
22
4.
A
person
commits
a
class
“D”
felony
when
the
person
23
commits
disorderly
conduct
as
described
in
subsection
2
and
24
does
any
of
the
following:
25
a.
Is
present
during
a
riot
as
defined
in
section
723.1.
26
b.
Causes
bodily
injury.
27
5.
A
person
commits
a
class
“C”
felony
when
the
person
28
commits
disorderly
conduct
as
described
in
subsection
2
and
the
29
person
causes
serious
bodily
injury
or
death.
30
Sec.
9.
NEW
SECTION
.
723.6
Interference
with
public
31
disorder
control.
32
Any
person
who
possesses
a
tool,
instrument,
or
device
33
with
the
intent
to
use
the
tool,
instrument,
or
device
to
34
suppress
or
disrupt
law
enforcement
from
legally
deploying
a
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device
to
control
public
disorder
under
this
chapter
commits
an
1
aggravated
misdemeanor.
2
Sec.
10.
Section
804.21,
Code
2021,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
7.
Notwithstanding
any
other
provision
in
5
this
section:
6
a.
A
defendant
arrested
for
the
offense
of
criminal
7
mischief,
as
defined
in
section
716.4,
subsection
1,
paragraph
8
“b”
;
rioting,
as
defined
in
section
723.1;
unlawful
assembly,
as
9
defined
in
section
723.2;
or
disorderly
conduct,
as
defined
in
10
section
723.4,
subsections
2
and
3,
shall
be
held
for
at
least
11
twenty-four
hours
after
the
time
of
the
arrest.
The
court
12
may,
however,
release
the
defendant
in
less
than
twenty-four
13
hours
if
the
court
finds
that
the
defendant
is
not
likely
14
to
immediately
resume
the
criminal
behavior
based
on
the
15
circumstances
of
the
arrest
and
the
defendant’s
prior
criminal
16
history,
if
any.
17
b.
The
findings
of
the
court
shall
be
reduced
to
writing.
18
The
written
findings
shall
be
attached
to
the
warrant
and
be
19
preserved
as
a
permanent
part
of
the
record.
The
arresting
20
officer
shall
make
official
note
of
the
time
of
the
arrest
in
21
order
to
establish
the
beginning
of
the
twenty-four-hour
period
22
required
by
this
subsection.
23
-7-
SF
534
(2)
89
as/rh/mb
7/
7
