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PAG LIN 1 1 Section 1. Section 702.7, Code 1995, is amended to read as 1 2 follows: 1 3 702.7 DANGEROUS WEAPON. 1 4 A "dangerous weapon"is anymeans either of the following: 1 5 a. An instrument or device designed primarily for use in 1 6 inflicting death or injury upon a human being or animal, and 1 7 which is capable of inflicting death upon a human being when 1 8 used in the manner for which it was designed. 1 9 b.Additionally, anyAn instrument or device of any sort 1 10 whatsoever which is actually used in such a manner as to 1 11 indicate that the defendant intends to inflict death or 1 12 serious injury upon the other, and which, when so used, is 1 13 capable of inflicting death or serious injury upon a human 1 14 being, is a dangerous weapon.Dangerous weapons include, but1 15are not limited to, any offensive weapon, pistol, revolver, or1 16other firearm, dagger, razor, stiletto, switchblade knife, or1 17knife having a blade exceeding five inches in length.1 18 Sec. 2. Section 723A.1, subsection 1, Code Supplement 1 19 1995, is amended to read as follows: 1 20 1. "Criminal acts" means any of the following or any 1 21 combination of the following: 1 22 a. An offense constituting a violation of section 124.401 1 23involving a controlled substance, a counterfeit substance, or1 24a simulated controlled substance. 1 25 b. An offense constituting a violation of chapter 711 1 26involving a robbery or extortion. 1 27 c. An offense constituting a violation ofsection 708.61 28involving an act of terrorismchapter 708. 1 29 d. An offense constituting a violation of section708.81 30 723.1. 1 31 e. An offense constituting a violation of section 720.4. 1 32 f.Any otherAn offense constituting a forcible felony as 1 33 defined in section 702.11. 1 34 g. An offense constituting a violation of chapter 724. 1 35 h. Brandishing a dangerous weapon. For purposes of this 2 1 section, "brandishing a dangerous weapon" means the display or 2 2 exhibition of a dangerous weapon, with the intent to 2 3 intimidate or threaten another person, or the actual use of 2 4 the dangerous weapon in a manner which is intended to or does 2 5 cause serious injury or death. 2 6 Sec. 3. Section 723A.2, Code 1995, is amended to read as 2 7 follows: 2 8 723A.2 CRIMINAL GANG PARTICIPATION. 2 9 1. a. A person who actively participates in or is a 2 10 member of a criminal street gang and who willfully aids and 2 11 abetsanya criminal act committed for the benefit of, at the 2 12 direction of, or in association with any criminal street gang, 2 13 commits a class "D" felony. 2 14 b. Notwithstanding the provisions of chapter 902, a person 2 15 who is convicted of a violation of paragraph "a" shall serve 2 16 the full sentence imposed for the violation of paragraph "a", 2 17 without the opportunity for parole or work release. If more 2 18 than one sentence is imposed by the court, the sentence for 2 19 the violation of paragraph "a" shall be served first, with the 2 20 other sentences to be served consecutively thereafter. 2 21 2. A person who commits a misdemeanor contained in Title 2 22 XVI, subtitle 1, other than a criminal act specified in 2 23 section 732A.1, subsection 1, for the benefit of, at the 2 24 direction of, or in association with any criminal street gang, 2 25 shall be sentenced to a term of confinement in addition to and 2 26 that shall run consecutively with any sentence imposed for the 2 27 underlying offense, without the opportunity for parole or work 2 28 release, according to the following: 2 29 a. For a simple misdemeanor, the additional sentence shall 2 30 be not less than fifteen days but not more than sixty days. 2 31 b. For a serious misdemeanor, the additional sentence 2 32 shall be not less than sixty days but not more than six 2 33 months. 2 34 c. For an aggravated misdemeanor, the additional sentence 2 35 shall be not less than six months but not greater than one 3 1 year. 3 2 3. A person who commits a felony contained in Title XVI, 3 3 subtitle 1, other than a criminal act specified in section 3 4 732A.1, subsection 1, when the offense is performed for the 3 5 benefit of, at the direction of, or in association with any 3 6 criminal street gang, shall be sentenced to a term of 3 7 confinement in addition to and that runs consecutively with 3 8 the sentence for the underlying offense, without the 3 9 opportunity for parole or work release, according to the 3 10 following: 3 11 a. For a class "D" felony, the additional sentence shall 3 12 be not less than one year but not greater than two years. 3 13 b. For a class "C" felony, the additional sentence shall 3 14 be not less than two years but not greater than five years. 3 15 c. For a class "B" felony, the additional sentence shall 3 16 be not less than five years but not greater than ten years. 3 17 d. For a class "A" felony, the additional sentence shall 3 18 be not less than ten years but not greater than twenty-five 3 19 years. 3 20 Sec. 4. NEW SECTION. 723A.5 FORFEITURE OF GANG PROPERTY. 3 21 1. Any profits, proceeds, instrumentalities, or other 3 22 property arising from or relating to the criminal acts or 3 23 other criminal offenses of a criminal street gang or of any 3 24 person who actively participates in or is a member of a 3 25 criminal street gang shall be subject to the provisions of 3 26 chapter 809. 3 27 2. Notwithstanding the provisions of sections 809.17 and 3 28 809.21, the proceeds from the disposal of seized or forfeited 3 29 property pursuant to subsection 1 shall not be transferred to 3 30 the victim compensation fund, but shall be deposited in a 3 31 separate fund created in the state treasury under the control 3 32 of the department of justice. The amount in this fund is 3 33 appropriated annually to the department of justice. 3 34 Disbursements shall be made by the department to the political 3 35 subdivisions upon claims filed for the costs associated with 4 1 the administration of this chapter. 4 2 Sec. 5. IMPLEMENTATION OF ACT. The fund generated as a 4 3 result of the enactment of this Act is intended to cover the 4 4 costs of any state mandate included in this Act and this 4 5 specification of state funding shall be deemed to meet all the 4 6 state funding-related requirements of section 25B.2, 4 7 subsection 3, and no additional state funding shall be 4 8 necessary for full implementation of this Act by and 4 9 enforcement of this Act against all affected political 4 10 subdivisions. 4 11 EXPLANATION 4 12 This bill makes certain changes in the law relating to 4 13 criminal gang activity. 4 14 Section 2 of this bill amends the list of "criminal acts" 4 15 in chapter 723A to include all offenses under chapter 708 4 16 (assault and related offenses), instead of only sections 708. 4 17 6 and 708.8 (terrorism and going armed with intent). The list 4 18 also adds section 723.1 (rioting). Finally, the act of 4 19 brandishing a dangerous weapon, as defined within the statute, 4 20 is also added as a criminal act. 4 21 In addition, section 1 of this bill modifies the definition 4 22 of dangerous weapon to eliminate the weapons listed after the 4 23 general definition. This change is consistent with case law, 4 24 which has focused on the broader definition of a dangerous 4 25 weapon, rather than the limited list of weapons. This change 4 26 eliminates the potential inconsistency within the statute when 4 27 use of a particular item, such as a knife with a blade of less 4 28 than five inches, would otherwise fall within the definition 4 29 of a dangerous weapon but which may appear excluded due to the 4 30 list of weapons. This definitional change applies to all 4 31 criminal statues which utilize the term "dangerous weapon", as 4 32 well as the criminal gang chapter. 4 33 Section 3 of this bill enhances the confinement penalty 4 34 under chapter 723A for any criminal offense that is related to 4 35 gang activity. Sentences for gang-related criminal acts 5 1 listed in section 723A.1 must be served in full and 5 2 consecutively with any other sentences. 5 3 New confinement penalties are added for any other gang- 5 4 related criminal activity. Additional terms of confinement 5 5 must be served consecutively with any sentence imposed for the 5 6 underlying offense. The additional terms of confinement are 5 7 assigned according to the misdemeanor or felony classification 5 8 of the underlying offense. Offenses that are already 5 9 specifically defined as criminal acts under the chapter are 5 10 excluded from this additional penalty. 5 11 This bill may involve a state mandate subject to the 5 12 provisions of chapter 25B. Section 4 of the bill provides for 5 13 civil forfeiture proceedings for assets relating to gang 5 14 activity, and section 5 of the bill provides that the profits 5 15 from these proceedings shall be considered the complete source 5 16 of funding for any state mandates imposed by this bill. 5 17 LSB 3233YH 76 5 18 jls/sc/14
Text: HF02062 Text: HF02064 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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