Read the full stored bill text
House
File
2533
-
Introduced
HOUSE
FILE
2533
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
564)
A
BILL
FOR
An
Act
relating
to
the
safety
of
persons
in
certain
professions
1
involved
with
the
judicial
system,
including
authorizing
a
2
judicial
officer,
attorney
general,
deputy
attorney
general,
3
or
assistant
attorney
general
to
be
issued
a
professional
4
permit
to
carry
weapons,
establishing
the
criminal
offenses
5
of
threatening
and
the
malicious
sharing
of
personal
6
information
of
a
judicial
officer
or
a
judicial
officer’s
7
immediate
family,
and
considering
true
threats
to
public
8
officials
as
harassment,
and
providing
penalties.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
PROFESSIONAL
PERMIT
TO
CARRY
WEAPONS
2
Section
1.
Section
724.6,
subsection
1,
paragraph
a,
3
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
4
(1)
A
person
may
be
issued
a
permit
to
carry
weapons
when
5
the
person’s
employment
in
a
private
investigation
business
6
or
private
security
business
licensed
under
chapter
80A
,
or
a
7
person’s
employment
as
a
peace
officer,
correctional
officer,
8
judicial
officer,
county
attorney,
assistant
county
attorney,
9
attorney
general,
deputy
attorney
general,
assistant
attorney
10
general,
security
guard,
bank
messenger
or
other
person
11
transporting
property
of
a
value
requiring
security,
or
in
12
police
work,
reasonably
justifies
that
person
going
armed.
13
Sec.
2.
Section
724.6,
subsection
1,
paragraph
a,
14
subparagraph
(4),
Code
2026,
is
amended
to
read
as
follows:
15
(4)
A
person
may
be
issued
a
permit
to
carry
weapons
if
the
16
person
is
a
judicial
officer,
county
attorney
,
or
an
assistant
17
county
attorney
,
attorney
general,
deputy
attorney
general,
or
18
assistant
attorney
general
.
An
application
for
a
permit
by
19
an
assistant
county
attorney
must
be
approved
by
the
county
20
attorney
of
each
county
in
which
the
applicant
serves
prior
to
21
a
permit
to
carry
weapons
being
issued.
An
application
for
22
a
permit
by
the
attorney
general
or
deputy
attorney
general
23
or
by
an
assistant
attorney
general
shall
be
delivered
to
24
the
sheriff
for
the
county
in
which
the
applicant
resides.
25
The
sheriff
of
the
issuing
county
may
require
the
applicant
26
to
complete
a
proficiency
examination
prior
to
issuing
the
27
permit
to
carry
weapons.
The
standards
for
a
proficiency
28
examination
for
a
judicial
officer,
county
attorney
,
or
29
assistant
county
attorney
,
attorney
general,
deputy
attorney
30
general,
or
assistant
attorney
general
shall
not
exceed
the
31
standards
required
of
a
peace
officer.
The
applicant
shall
pay
32
the
reasonable
costs
associated
with
completing
a
proficiency
33
examination.
34
Sec.
3.
Section
724.6,
subsection
1,
paragraphs
b,
c,
and
d,
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Code
2026,
are
amended
to
read
as
follows:
1
b.
The
permit
shall
be
on
a
form
prescribed
and
published
2
by
the
commissioner
of
public
safety,
shall
identify
the
3
holder,
and
shall
state
the
nature
of
the
employment
requiring
4
the
holder
to
go
armed.
A
permit
so
issued,
other
than
to
a
5
peace
officer,
judicial
officer,
county
attorney,
or
assistant
6
county
attorney,
attorney
general,
deputy
attorney
general,
7
or
assistant
attorney
general,
shall
authorize
the
person
to
8
whom
it
is
issued
to
go
armed
anywhere
in
the
state,
only
while
9
engaged
in
the
employment,
and
while
going
to
and
from
the
10
place
of
the
employment.
11
c.
A
permit
issued
to
a
certified
peace
officer,
judicial
12
officer,
county
attorney,
or
assistant
county
attorney
,
13
attorney
general,
deputy
attorney
general,
or
assistant
14
attorney
general
shall
authorize
that
peace
officer,
judicial
15
officer,
county
attorney,
or
assistant
county
attorney
,
16
attorney
general,
deputy
attorney
general,
or
assistant
17
attorney
general
to
go
armed
anywhere
in
the
state
at
all
18
times,
including
on
the
grounds
of
a
school.
19
d.
Permits
shall
expire
twelve
months
after
the
date
when
20
issued
except
that
permits
issued
to
peace
officers,
judicial
21
officers,
county
attorneys,
assistant
county
attorneys,
the
22
attorney
general,
deputy
attorneys
general,
assistant
attorneys
23
general,
and
correctional
officers
are
valid
through
the
24
holder
of
the
permit’s
period
of
employment
unless
otherwise
25
canceled.
When
the
employment
is
terminated,
the
holder
of
the
26
permit
shall
surrender
it
the
permit
to
the
issuing
officer
for
27
cancellation.
28
Sec.
4.
Section
724.6,
subsection
1,
Code
2026,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
e.
Notwithstanding
any
other
provision
in
31
this
section,
a
person
issued
a
permit
to
carry
weapons
under
32
this
section
may
carry
weapons
only
in
a
concealed
manner
when
33
inside
a
courtroom.
This
paragraph
does
not
apply
to
peace
34
officers
or
correctional
officers
when
fulfilling
their
duties
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of
employment.
1
Sec.
5.
Section
724.6,
subsection
3,
Code
2026,
is
amended
2
to
read
as
follows:
3
3.
For
purposes
of
this
section
,
“emergency
medical
care
4
provider”
:
5
a.
“Emergency
medical
care
provider”
means
the
same
as
6
defined
in
section
147A.1
.
7
b.
“Judicial
officer”
means
the
same
as
defined
in
section
8
602.1101.
9
Sec.
6.
Section
724.6,
Code
2026,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
4.
The
supreme
court
may
by
rule
impose
12
additional
training
or
other
requirements
on
judicial
officers
13
who
hold
a
permit
issued
under
this
section.
14
DIVISION
II
15
THREATS
AGAINST
A
JUDICIAL
OFFICER
OR
AN
IMMEDIATE
FAMILY
16
MEMBER
OF
A
JUDICIAL
OFFICER
17
Sec.
7.
NEW
SECTION
.
708.17
Threatening
a
judicial
officer
18
or
an
immediate
family
member
of
a
judicial
officer.
19
1.
No
person
shall
threaten
a
judicial
officer
or
the
20
immediate
family
member
of
a
judicial
officer
with
the
intent
21
to
do
any
of
the
following:
22
a.
Place
the
judicial
officer
or
the
immediate
family
member
23
of
a
judicial
officer
in
fear
of
serious
injury
to
the
judicial
24
officer
or
the
immediate
family
member
of
the
judicial
officer.
25
b.
Prevent
or
interrupt
the
ability
of
the
judicial
officer
26
to
carry
out
the
judicial
officer’s
job
duties.
27
c.
Retaliate
against
a
judicial
officer
in
relation
to
the
28
performance
of
the
judicial
officer’s
official
duties
during
29
the
judicial
officer’s
term
of
service.
30
2.
A
person
who
violates
the
provisions
of
this
section
is
31
guilty
of
a
class
“C”
felony.
32
3.
As
used
in
this
section:
33
a.
“Immediate
family
member”
means
a
spouse,
child,
sibling,
34
parent,
grandparent,
or
grandchild,
and
includes
a
stepparent,
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a
stepchild,
a
stepsibling,
or
an
adoptive
relationship.
1
b.
“Judicial
officer”
means
the
same
as
defined
in
section
2
602.1101.
3
c.
“Retaliate”
means
intentionally
threatening
bodily
injury
4
to
or
damage
to
the
property
of
a
judicial
officer
with
intent
5
to
retaliate
against
the
judicial
officer
for
the
judicial
6
officer’s
exercise
of
judicial
duties
and
causing
the
judicial
7
officer
or
the
family
member
to
reasonably
believe
that
the
8
judicial
officer’s
or
the
family
member’s
person
or
property
9
is
in
danger.
10
DIVISION
III
11
MALICIOUS
SHARING
OF
PERSONAL
INFORMATION
12
Sec.
8.
NEW
SECTION
.
708.18
Malicious
sharing
of
personal
13
information
of
a
judicial
officer
or
an
immediate
family
member
14
of
a
judicial
officer.
15
1.
No
person
shall
share
the
personal
information
of
a
16
judicial
officer
or
the
immediate
family
member
of
a
judicial
17
officer
with
the
intent
to
do
any
of
the
following:
18
a.
Cause
harm
to
the
judicial
officer
or
the
immediate
19
family
member
of
a
judicial
officer.
20
b.
Place
the
judicial
officer
or
the
immediate
family
member
21
of
a
judicial
officer
in
fear
of
serious
harm
to
the
judicial
22
officer
or
to
an
immediate
family
member
of
the
judicial
23
officer.
24
c.
Prevent
or
interrupt
the
ability
to
carry
out
the
25
judicial
officer’s
job
duties.
26
2.
A
person
who
violates
the
provisions
of
this
section
is
27
guilty
of
a
serious
misdemeanor.
28
3.
As
used
in
this
section:
29
a.
“Immediate
family
member”
means
a
spouse,
child,
sibling,
30
parent,
grandparent,
or
grandchild,
and
includes
a
stepparent,
31
a
stepchild,
a
stepsibling,
or
an
adoptive
relationship.
32
b.
“Judicial
officer”
means
the
same
as
defined
in
section
33
602.1101.
34
c.
“Personal
information”
means
a
person’s
personal
physical
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address,
personal
phone
number,
or
physical
location.
1
DIVISION
IV
2
THREATS
INCLUDING
TO
PUBLIC
OFFICIALS
3
Sec.
9.
Section
708.7,
subsection
1,
Code
2026,
is
amended
4
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
c.
A
person
commits
harassment
when
the
6
person
communicates
a
true
threat,
including
an
intent
to
7
cause
bodily
injury
to
a
public
official,
as
defined
in
8
section
68B.2,
and
the
public
official
becomes
aware
of
such
9
communication
within
one
year
of
the
threat.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
safety
of
persons
in
certain
14
professions
involved
with
the
judicial
system,
including
by
15
authorizing
a
judicial
officer,
attorney
general,
deputy
16
attorney
general,
and
assistant
attorney
general
to
be
issued
17
a
professional
permit
to
carry
weapons;
and
establishing
the
18
criminal
offenses
of
threatening
and
the
malicious
sharing
of
19
personal
information
of
a
judicial
officer
or
a
member
of
the
20
judicial
officer’s
immediate
family.
21
DIVISION
I.
The
bill
provides
that
a
permit
issued
to
a
22
judicial
officer,
attorney
general,
deputy
attorney
general,
23
or
assistant
attorney
general
grants
authorization
to
go
armed
24
anywhere
in
the
state
at
all
times,
including
on
the
grounds
25
of
a
school.
26
The
bill
provides
that
a
permit
issued
to
a
judicial
27
officer,
attorney
general,
deputy
attorney
general,
or
28
assistant
attorney
general
is
valid
through
the
holder
of
the
29
permit’s
period
of
employment
unless
otherwise
canceled.
When
30
the
employment
is
terminated,
the
holder
of
the
permit
is
31
required
to
surrender
the
permit
to
the
issuing
officer
for
32
cancellation.
33
The
bill
defines
“judicial
officer”
as
a
supreme
court
34
justice,
a
judge
of
the
court
of
appeals,
a
district
judge,
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a
district
associate
judge,
an
associate
juvenile
judge,
an
1
associate
probate
judge,
or
a
magistrate.
The
term
also
2
includes
a
person
who
is
temporarily
serving
as
a
justice,
3
judge,
or
magistrate
as
permitted
by
law.
4
The
bill
allows
the
supreme
court
to
impose
additional
5
training
or
other
requirements
on
judicial
officers
who
hold
a
6
permit
issued
under
the
bill.
7
DIVISION
II.
The
bill
establishes
the
offense
of
8
threatening
a
judicial
officer
or
an
immediate
family
member
9
of
a
judicial
officer.
10
The
bill
prohibits
a
person
from
threatening
a
judicial
11
officer
or
the
immediate
family
member
of
a
judicial
officer
12
with
the
intent
to
do
any
of
the
following:
placing
the
13
judicial
officer
or
the
immediate
family
member
of
a
judicial
14
officer
in
fear
of
serious
injury
to
the
judicial
officer
or
15
the
immediate
family
member
of
the
judicial
officer;
preventing
16
or
interrupting
the
ability
of
the
judicial
officer
to
carry
17
out
the
judicial
officer’s
job
duties;
or
retaliating
against
a
18
judicial
officer
in
relation
to
the
performance
of
the
judicial
19
officer’s
official
duties
during
the
judicial
officer’s
term
20
of
service.
The
bill
defines
“immediate
family
member”
and
21
“retaliation”.
22
A
person
violating
this
division
of
the
bill
is
guilty
23
of
a
class
“C”
felony.
A
class
“C”
felony
is
punishable
by
24
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
25
$1,370
but
not
more
than
$13,660.
26
DIVISION
III.
The
bill
establishes
the
criminal
offense
of
27
the
malicious
sharing
of
personal
information
of
a
judicial
28
officer
or
an
immediate
family
member
of
a
judicial
officer.
29
The
bill
prohibits
a
person
from
sharing
the
personal
30
information
of
a
judicial
officer
or
the
immediate
family
31
member
of
a
judicial
officer
with
the
intent
to
do
any
of
32
the
following:
causing
harm
to
the
judicial
officer
or
the
33
immediate
family
member
of
a
judicial
officer;
placing
the
34
judicial
officer
or
the
immediate
family
member
of
a
judicial
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officer
in
fear
of
serious
harm
to
the
judicial
officer
1
or
to
an
immediate
family
member
of
the
judicial
officer;
2
or
preventing
or
interrupting
the
ability
to
carry
out
the
3
judicial
officer’s
job
duties.
The
bill
defines
“personal
4
information”.
5
A
person
violating
this
division
of
the
bill
is
guilty
of
a
6
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
by
7
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
8
$430
but
not
more
than
$2,560.
9
DIVISION
IV.
The
bill
provides
that
a
person
commits
10
harassment
when
the
person
communicates
a
true
threat,
11
including
an
intent
to
cause
bodily
injury
to
a
public
12
official,
and
the
public
official
becomes
aware
of
the
threat
13
within
one
year.
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