Bill Text: IA SF63 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act establishing a public offense for intimidation by desecration of flag or insignia in violation of individual rights, classifying the offense as a hate crime, and including penalties.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Introduced - Dead) 2015-01-28 - Subcommittee, Horn, Sodders, and Zaun. S.J. 174. [SF63 Detail]
Download: Iowa-2015-SF63-Introduced.html
Senate File 63 - Introduced SENATE FILE BY CHELGREN, ZAUN, ROZENBOOM, KAPUCIAN, BEHN, ANDERSON, McCOY, COSTELLO, GUTH, SCHULTZ, and KRAAYENBRINK A BILL FOR 1 An Act establishing a public offense for intimidation by 2 desecration of flag or insignia in violation of individual 3 rights, classifying the offense as a hate crime, and 4 including penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1421XS (4) 86 aw/sc PAG LIN 1 1 Section 1. NEW SECTION. 718A.1B Intimidation by desecration 1 2 of flag or insignia in violation of individual rights. 1 3 For the purposes of this section, "intimidation by 1 4 desecration of flag or insignia in violation of individual 1 5 rights" means a violation of section 718A.1A with intent to 1 6 intimidate a person on the basis of that person's veteran 1 7 status or on the basis of a person's association with a 1 8 veteran, and shall be classified as a hate crime as defined 1 9 in section 729A.2. A person who commits intimidation by 1 10 desecration of flag or insignia in violation of individual 1 11 rights is guilty of a simple misdemeanor. 1 12 Sec. 2. Section 729A.1, Code 2015, is amended to read as 1 13 follows: 1 14 729A.1 Violations of an individual's rights prohibited. 1 15 1. Persons within the state of Iowa have the right to be 1 16 free from any violence, or intimidation by threat of violence, 1 17 committed against their persons or property because of their 1 18 race, color, religion, ancestry, national origin, political 1 19 affiliation, sex, sexual orientation, age, or disability. 1 20 2. Persons within the state of Iowa have the right to be 1 21 free from any violence or intimidation committed against their 1 22 persons or property because of their veteran status or on the 1 23 basis of a person's association with a veteran. 1 24 Sec. 3. Section 729A.2, unnumbered paragraph 1, Code 2015, 1 25 is amended to read as follows: 1 26 "Hate crime" means one of the following public offenses when 1 27 committed against a person or a person's property because of 1 28 the person's race, color, religion, ancestry, national origin, 1 29 political affiliation, sex, sexual orientation, age, veteran 1 30 status, or disability, or the person's association with a 1 31 person of a certain race, color, religion, ancestry, national 1 32 origin, political affiliation, sex, sexual orientation, age, 1 33 veteran status, or disability: 1 34 Sec. 4. Section 729A.2, Code 2015, is amended by adding the 1 35 following new subsection: 2 1 NEW SUBSECTION. 5. Intimidation by desecration of flag 2 2 or insignia in violation of individual rights under section 2 3 718A.1B. 2 4 EXPLANATION 2 5 The inclusion of this explanation does not constitute agreement with 2 6 the explanation's substance by the members of the general assembly. 2 7 This bill establishes a public offense for intimidation by 2 8 desecration of flag or insignia in violation of individual 2 9 rights as a simple misdemeanor. A simple misdemeanor is 2 10 punishable by confinement for no more than 30 days or a fine of 2 11 at least $65 but not more than $625 or by both. 2 12 Under current Code section 718A.1A, desecration of a flag 2 13 or insignia is considered a simple misdemeanor. The bill 2 14 establishes a separate public offense for the desecration of 2 15 a flag or insignia with intent to intimidate a person on the 2 16 basis of the person's veteran status or on the basis of a 2 17 person's association with a veteran. 2 18 The bill further provides that intimidation by desecration 2 19 of flag or insignia in violation of individual rights is a hate 2 20 crime under Code chapter 729A. Code section 729A.5 provides 2 21 certain civil remedies to victims of hate crimes. LSB 1421XS (4) 86 aw/sc