SF 218 (LSB 1106SV (1) 87)

SENATE FILE 218

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 87)

A BILL FOR

An Act relating to carrying weapons on school grounds by a certified peace officer or a reserve peace officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.2A, Code 2017, is amended to read as follows:
   724.2A  Peace officer defined and reserve peace officer —— defined.
   As used in sections 724.4, 724.6, and 724.11 regarding obtaining or renewing a permit for the carrying of weapons, “peace officer” means a certified “peace officer” and includes a reserve peace officer as defined in section 80D.1A.
    Sec. 2.  Section 724.4, subsection 4, paragraph b, Code 2017, is amended to read as follows:
   b.  A peace officer, when the officer’s duties require the person to carry such weapons, or as provided in section 724.6.
    Sec. 3.  Section 724.6, subsection 1, Code 2017, is amended to read as follows:
   1.  a.  A person may be issued a permit to carry weapons when the person’s employment in a private investigation business or private security business licensed under chapter 80A, or a person’s employment as a peace officer, correctional officer, security guard, bank messenger or other person transporting property of a value requiring security, or in police work, reasonably justifies that person going armed.
   b.  The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued, other than to a peace officer, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment.
   c.  A permit issued to a certified peace officer shall authorize that peace officer to go armed anywhere in the state at all times, including on the grounds of a school. 
   d.  Permits shall expire twelve months after the date when issued except that permits issued to peace officers and correctional officers are valid through the officer’s period of employment unless otherwise canceled. When the employment is terminated, the holder of the permit shall surrender it to the issuing officer for cancellation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to carrying weapons on school grounds by a certified peace officer or a reserve peace officer.
   The bill provides that a certified peace officer or reserve peace officer does not commit the criminal violation of unlawfully carrying weapons on school grounds in violation of Code section 724.4B, if the officer possesses such a weapon and possesses a professional permit to carry weapons, even if the officer’s duties do not require the officer to carry such a weapon.
   Current law specifies that a peace officer, while acting within the official duties of the officer, may possess a weapon on school grounds.
   A person who commits the offense of unlawfully carrying weapons on school grounds commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.