Text of IA HF 88 (2017)

House File 88 - Introduced HOUSE FILE BY HUNTER, LENSING, T. TAYLOR, ABDUL=SAMAD, KACENA, BROWN=POWERS, OLDSON, STAED, MASCHER, BENNETT, and KEARNS A BILL FOR 1 An Act modifying the elements defining hate crimes, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1517YH (4) 87 jm/rj PAG LIN 1 1 Section 1. Section 729A.2, Code 2017, is amended to read as 1 2 follows: 1 3 729A.2 Violation of individual rights ==== hate crime. 1 4 1. As used in this section: 1 5 a. "Gender expression" means actual or perceived 1 6 gender=related characteristics. 1 7 b. "Gender identity" means a gender=related identity of a 1 8 person, regardless of the person's assigned sex at birth. 1 9 2. "Hate crime" means one of the following public offenses 1 10 when committed against a person or a person's property because 1 11 of the person's race, color, religion, ancestry, national 1 12 origin, political affiliation, gender identity, gender 1 13 expression, sex, sexual orientation, age, or disability, or the 1 14 person's association with a person of a certain race, color, 1 15 religion, ancestry, national origin, political affiliation, 1 16 gender identity, gender expression, sex, sexual orientation, 1 17 age, or disability: 1 18 1. a. Assault in violation of individual rights under 1 19 section 708.2C. 1 20 2. b. Violations of individual rights under section 712.9. 1 21 3. c. Criminal mischief in violation of individual rights 1 22 under section 716.6A. 1 23 4. d. Trespass in violation of individual rights under 1 24 section 716.8, subsections 3 and 4. 1 25 EXPLANATION 1 26 The inclusion of this explanation does not constitute agreement with 1 27 the explanation's substance by the members of the general assembly. 1 28 This bill includes additional, alternative elements defining 1 29 the various offenses labeled as hate crimes. 1 30 The bill amends Code section 729A.2 by modifying a "hate 1 31 crime" to include offenses committed against a person or 1 32 person's property because of the person's gender identity or 1 33 gender expression or because of the person's association with a 1 34 person of a certain gender identity or gender expression. 1 35 The bill defines "gender identity" to mean a gender=related 2 1 identity of a person, regardless of the person's assigned sex 2 2 at birth. The bill defines "gender expression" to mean actual 2 3 or perceived gender=related characteristics. 2 4 If a person commits an offense classified as a hate crime 2 5 under the bill against a person or person's property because 2 6 of the person's gender identity or gender expression or 2 7 because of the person's association with a person of a certain 2 8 gender identity or gender expression, the person commits one 2 9 of the following criminal offenses: assault in violation of 2 10 individual rights under Code section 708.2C; violations of 2 11 individual rights under Code section 712.9; criminal mischief 2 12 in violation of individual rights under Code section 716.6A; or 2 13 trespass in violation of individual rights under Code section 2 14 716.8(3) and (4). 2 15 The penalty for a person who commits a hate crime classified 2 16 as an assault in violation of individual rights under Code 2 17 section 708.2C ranges from a serious misdemeanor to a class "D" 2 18 felony depending on the circumstances of the offense. 2 19 The penalty for a person who commits a hate crime that is 2 20 a violation of individual rights under Code section 712.9 is 2 21 reclassified and punished as an offense one degree higher than 2 22 the underlying offense, resulting in the following punishments: 2 23 for violations of Code section 712.3 (arson in the second 2 24 degree) punishable as a class "B" felony, 712.4 (arson in the 2 25 third degree) punishable as a class "D" felony, 715.5 (reckless 2 26 use of fire or explosives) punishable as an aggravated 2 27 misdemeanor, 712.6 (explosive or incendiary materials or 2 28 devices) punishable from an aggravated misdemeanor to a class 2 29 "B" felony, 712.7 (false reports) punishable as a class "C" 2 30 felony, or 712.8 (threats) punishable as a class "C" felony. 2 31 The penalty for a person who commits a hate crime that is 2 32 criminal mischief in violation of individual rights under Code 2 33 section 716.6A is reclassified and punished as an offense one 2 34 degree higher than the underlying offense, resulting in the 2 35 following punishments: for violations of Code section 716.5 3 1 (criminal mischief in the third degree) punishable as a class 3 2 "D" felony, and 716.6 (criminal mischief in the fourth or fifth 3 3 degrees) punishable as an aggravated misdemeanor or serious 3 4 misdemeanor, respectively. 3 5 The penalty for a person who commits a hate crime that is a 3 6 trespass in violation of individual rights under Code section 3 7 716.8(3) is a serious misdemeanor and a person who commits a 3 8 hate crime that is a trespass in violation of individual rights 3 9 under Code section 716.8(4) commits an aggravated misdemeanor. LSB 1517YH (4) 87 jm/rj