Relating to certain public safety and law enforcement matters, including creating the crime of violent or disorderly assembly, and providing penalties

This bill relates to certain public safety and law enforcement matters, includes creating the crime of violent or disorderly assembly, and provides penalties. DENIAL OF STATE FUNDS —— LAW ENFORCEMENT AGENCY BUDGETS. The bill provides that a local entity, including any entity under the jurisdiction of the local entity, shall be ineligible to receive any state funds if the local entity reduces the budget of their law enforcement agency unless the total budget of the local entity is reduced by an equal or larger percentage. State funds shall be denied to a local entity by all state agencies for each state fiscal year that begins after the fiscal year in which the law enforcement agency’s budget is reduced.31. State funds for law enforcement purposes shall not be denied. The department of management is directed to adopt rules pursuant to Code chapter 17A. Further, the governor’s office of drug control policy shall not expend any moneys received from any state or federal grants to a local entity that reduces the budget of its law enforcement agency unless the total local entity budget is reduced by an equal or larger percentage. INTENTIONAL BLOCKING OF TRAFFIC. Under current law, a person is prohibited from placing an obstruction in the highway right-of-way, including the traveled portion of the roadway. A person who violates this provision is subject to an injunction and upon conviction is guilty of creating a public nuisance, an aggravated misdemeanor, punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. Any obstruction is subject to removal. The bill prohibits a person from loitering on the traveled portion of the right-of-way of a highway with a speed limit of miles per hour or more with the intention of blocking the normal and reasonable movement of motor vehicle traffic. A person who violates this provision commits a serious misdemeanor punishable by a fine of $1,000, which is in lieu of any other punishment imposed under Code chapter 318 (obstructions in highway rights-of-way). The bill also prohibits a person from performing an activity related to organizing, scheduling, or otherwise assembling a group of persons if the person knows or should reasonably know the group of persons will loiter on the traveled portion of the right-of-way of a highway with a speed limit of miles per hour or more with the intention of blocking the normal and reasonable movement of motor vehicle traffic. A person who violates this provision commits an aggravated misdemeanor, which is in lieu of any other punishment imposed under Code chapter 318. The bill does not apply to a person who blocks the movement of traffic for the purpose of obtaining law enforcement, medical, or mechanical assistance. In addition, the bill does not apply to a person who is a peace officer or emergency responder, who is engaged in highway construction or maintenance, or who is an employee of a federal, state, or local government, if the person is acting within the scope of the person’s duties. IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN VEHICLE OPERATORS. The bill provides that the driver of a vehicle who is exercising due care and who injures another person who is participating in a protest, demonstration, riot, unlawful assembly or who is engaging in disorderly conduct and is blocking traffic in a public street or highway is immune from civil liability for the injury. The driver shall not be immune from civil liability if the actions leading to the injury constitute reckless or willful misconduct. The bill shall not apply if the injured person participating in a protest or demonstration was doing so with a valid permit allowing persons to protest or demonstrate on the public street or highway where the injury occurred. HARASSMENT. The bill provides that a person commits harassment in the first degree when the person commits harassment against another person who is lawfully in a place of public accommodation. Harassment in the first degree is an aggravated misdemeanor. CRIMINAL MISCHIEF IN THE FIRST DEGREE. The bill provides that acts of a person which damage, deface, alter, or destroy any publicly owned property, including a monument or statue, is criminal mischief in the first degree. Criminal mischief in the first degree is a class “C” felony. VIOLENT OR DISORDERLY ASSEMBLY. The bill defines “violent or disorderly assembly” as the gathering of seven or more persons resulting in conduct which does any of the following: creates an immediate danger of damage to property or injury to persons; substantially obstructs law enforcement or other governmental functions or services; or deprives any person of a legal right or disturbs any person in the enjoyment of a legal right by force, threat of force, or physical action. “Looting” is defined as committing burglary within 500 feet of a violent or disorderly assembly. The bill provides that a person who willingly joins in or remains a part of a violent or disorderly assembly commits a class “D” felony, with a mandatory minimum term of confinement of one year, and that a person who travels to this state from another state to participate in a violent or disorderly assembly commits a class “C” felony, with a mandatory minimum term of confinement of two years. It is a defense to a prosecution that the assembly was at first lawful, but once another person assembled manifested an intent to engage in a violent or disorderly assembly, the person removed themselves from the assembly. The bill provides that a person who, while participating in a violent or disorderly assembly, throws an object at a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter with the knowledge that the person is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, commits a class “D” felony, with a mandatory minimum term of confinement of one year. If the object thrown hits a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue, or fire fighter, the person commits a class “C” felony, with a mandatory minimum term of confinement of two years. A person who, while participating in a violent or disorderly assembly, engages in looting commits a class “D” felony, with a mandatory minimum term of confinement of one year. The bill provides that an employee of a state or local governmental entity who is convicted of engaging in a violent or disorderly assembly shall not continue employment with a state or local governmental entity. DISORDERLY CONDUCT.4 (disorderly conduct) are simple misdemeanors.4 by providing additional criminal penalties greater than a simple misdemeanor for additional acts of disorderly conduct. The bill provides that a person commits a serious misdemeanor when the person, without lawful authority or color of authority, obstructs or attempts to obstruct any street, sidewalk, highway, or other public way, or obstructs or attempts to obstruct any business, business drive, parking lot, or business access, with the intent to prevent or hinder its lawful use by others.2.1; or causes bodily injury. The bill provides that a person commits a class “C” felony when the person, without lawful authority or color of authority, obstructs any street, sidewalk, highway, or other public way with the intent to prevent its unlawful use by others and serious injury or death results. PENALTY PROVISIONS. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.