Text of IA SF 2120 (2016)

Senate File 2120 - Introduced SENATE FILE BY McCOY 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 5671XS (1) 86 jm/rj PAG LIN 1 1 Section 1. Section 729A.2, Code 2016, 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 external manifestations of a 1 6 person's gender identity, usually expressed through masculine, 1 7 feminine, or gender=variant behavior. 1 8 b. "Gender identity" means a person's internal and personal 1 9 sense of being male or female regardless of a person's 1 10 birth=assigned sex. 1 11 2. "Hate crime" means one of the following public offenses 1 12 when committed against a person or a person's property because 1 13 of the person's race, color, religion, ancestry, national 1 14 origin, political affiliation, gender identity, gender 1 15 expression, sex, sexual orientation, age, or disability, or the 1 16 person's association with a person of a certain race, color, 1 17 religion, ancestry, national origin, political affiliation, 1 18 gender identity, gender expression, sex, sexual orientation, 1 19 age, or disability: 1 20 1. a. Assault in violation of individual rights under 1 21 section 708.2C. 1 22 2. b. Violations of individual rights under section 712.9. 1 23 3. c. Criminal mischief in violation of individual rights 1 24 under section 716.6A. 1 25 4. d. Trespass in violation of individual rights under 1 26 section 716.8, subsections 3 and 4. 1 27 EXPLANATION 1 28 The inclusion of this explanation does not constitute agreement with 1 29 the explanation's substance by the members of the general assembly. 1 30 This bill includes additional, alternative elements defining 1 31 the various offenses labeled as hate crimes. 1 32 The bill amends Code section 729A.2 by modifying a "hate 1 33 crime" to include offenses committed against a person or 1 34 person's property because of the person's gender identity or 1 35 gender expression or because of the person's association with a 2 1 person of a certain gender identity or gender expression. 2 2 The bill defines "gender identity" to mean a person's 2 3 internal and personal sense of being male or female regardless 2 4 of a person's birth=assigned sex. The bill defines "gender 2 5 expression" to mean external manifestations of a person's 2 6 gender identity, usually expressed through masculine, feminine, 2 7 or gender=variant behavior. 2 8 If a person commits an offenses classified as a hate crime 2 9 under the bill against a person or person's property because 2 10 of the person's gender identity or gender expression or 2 11 because of the person's association with a person of a certain 2 12 gender identity or gender expression, the person commits one 2 13 of the following criminal offenses: assault in violation of 2 14 individual rights under Code section 708.2C; violations of 2 15 individual rights under Code section 712.9; criminal mischief 2 16 in violation of individual rights under Code section 716.6A; or 2 17 trespass in violation of individual rights under Code section 2 18 716.8(3) and (4). 2 19 The penalty for a person who commits a hate crime classified 2 20 as an assault in violation of individual rights under Code 2 21 section 708.2C ranges from a serious misdemeanor to a class "D" 2 22 felony depending on the circumstances of the offense. 2 23 The penalty for a person who commits a hate crime that is 2 24 a violation of individual rights under Code section 712.9 is 2 25 reclassified and punished as an offense one degree higher than 2 26 the underlying offense, resulting in the following punishments: 2 27 for violations of Code sections 712.3 (arson in the second 2 28 degree) punishable as a class "B" felony, 712.4 (arson in the 2 29 third degree) punishable as a class "D" felony, 715.5 (reckless 2 30 use of fire or explosives) punishable as an aggravated 2 31 misdemeanor, 712.6 (explosive or incendiary materials or 2 32 devices) punishable from an aggravated misdemeanor to a class 2 33 "B" felony, 712.7 (false reports) punishable as a class "C" 2 34 felony, or 712.8 (threats) punishable as a class "C" felony. 2 35 The penalty for a person who commits a hate crime that is 3 1 criminal mischief in violation of individual rights under Code 3 2 section 716.6A is reclassified and punished as an offense one 3 3 degree higher than the underlying offense, resulting in the 3 4 following punishments: for violations of Code section 716.5 3 5 (criminal mischief in the third degree) punishable as a class 3 6 "D" felony, and 716.6 (criminal mischief in the fourth or fifth 3 7 degrees) punishable as an aggravated misdemeanor or serious 3 8 misdemeanor, respectively. 3 9 The penalty for a person who commits a hate crime that is a 3 10 trespass in violation of individual rights under Code section 3 11 716.8(3) is a serious misdemeanor and a person who commits a 3 12 hate crime that is a trespass in violation of individual rights 3 13 under Code section 716.8(4) commits an aggravated misdemeanor. 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