Text: HSB00576 Text: HSB00578 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 708.7, subsection 1, paragraph a, 1 2 subparagraph (2), Code 1995, is amended by striking the 1 3 subparagraph. 1 4 Sec. 2. Section 712.6, Code 1995, is amended to read as 1 5 follows: 1 6 712.6 POSSESSION OF EXPLOSIVE OR INCENDIARY MATERIALS OR 1 7 DEVICES &endash; ACTUAL OR SIMULATED. 1 8 1.AnyA person whoshall possess anypossesses an actual 1 9 or simulated incendiary or explosive device or material with 1 10 the intent to use such device or material to commit any public 1 11 offense shall be guilty of a class "C" felony. 1 12 2. A person who possesses an actual or simulated 1 13 incendiary or explosive device or material and who is not a 1 14 person authorized under section 724.2 to possess the device or 1 15 material commits a class "D" felony. 1 16 3. A person who places a simulated explosive or incendiary 1 17 device in or near a building, vehicle, airplane, railroad 1 18 engine, railroad car, or boat occupied by another person 1 19 commits a class "D" felony. 1 20 Sec. 3. NEW SECTION. 724A.1 LEGISLATIVE FINDINGS &endash; 1 21 UNLAWFUL PARAMILITARY ACTIVITY. 1 22 The general assembly recognizes the constitutional rights 1 23 of every citizen to hold and express beliefs on any subject 1 24 and to associate with others who share similar beliefs. The 1 25 general assembly also finds that activities which involve the 1 26 training of people to commit unlawful acts of violence or 1 27 which further conspiracies to commit unlawful acts of violence 1 28 against persons or property, whether public or private, are a 1 29 threat to public order and safety, are not protected by either 1 30 the United States or state constitutions, and should be 1 31 subject to criminal prosecution and penalties. The general 1 32 assembly further finds that the provisions of this chapter 1 33 promote the health, safety, and welfare of the citizens of 1 34 Iowa and do not interfere with the exercise of the rights of 1 35 free speech and association. 2 1 Sec. 4. NEW SECTION. 724A.2 DEFINITIONS. 2 2 1. "Civil disorder" means the unlawful use, by one or more 2 3 individuals, of an offensive weapon as defined in section 2 4 724.1, dangerous weapon as defined in section 702.7, firearm, 2 5 or a technique or means capable of causing injury or death to 2 6 an individual or damage to property which causes an immediate 2 7 danger, or results in damage or injury, to a person or to 2 8 public or private property. 2 9 2. "Terrorism" means the same as defined in section 708.6. 2 10 Sec. 5. NEW SECTION. 724A.3 UNLAWFUL TRAINING ACTIVITY. 2 11 A person commits unlawful training activity by doing any of 2 12 the following: 2 13 1. Providing or participating in, alone or with one or 2 14 more persons, instruction or training in the use, application, 2 15 or construction of an offensive weapon as defined in section 2 16 724.1, dangerous weapon as defined in section 702.7, firearm, 2 17 or the use or application of a technique or means capable of 2 18 causing injury or death to an individual or damage to property 2 19 when the person intends, or knows or has reason to know, that 2 20 the instruction or training will be unlawfully employed for 2 21 use in, or in furtherance of, terrorism, a violation of 2 22 section 729.5, or civil disorder. 2 23 2. Conspiring with or assembling with one or more persons 2 24 to provide or participate in instruction or training in the 2 25 use, application, or construction of an offensive weapon as 2 26 defined in section 724.1, dangerous weapon as defined in 2 27 section 702.7, firearm, or the use or application of a 2 28 technique or means capable of causing injury or death to an 2 29 individual or damage to property when the person intends, or 2 30 knows or has reason to know, that the instruction or training 2 31 will be unlawfully employed for use in, or in furtherance of, 2 32 terrorism, a violation of section 729.5, or civil disorder 2 33 Unlawful training activity is a class "D" felony. 2 34 Sec. 6. NEW SECTION. 724A.4 CERTAIN ACTIVITY NOT 2 35 PROHIBITED. 3 1 This chapter does not prohibit otherwise lawful activities 3 2 involving weapons, firearms, processes, or techniques which do 3 3 not violate section 724A.3 including but not limited to the 3 4 following: 3 5 1. Training or teaching of the use of weapons for law 3 6 enforcement, hunting, recreation, or competition purposes. 3 7 2. Classes in the safe use and handling of firearms or 3 8 martial arts or self-defense classes. 3 9 3. The activities of the national guard or of the armed 3 10 forces of the United States. 3 11 Nothing in this chapter shall make unlawful any act of any 3 12 law enforcement officer performed otherwise lawfully in the 3 13 course of the officer's official duties. 3 14 Sec. 7. Section 729.5, subsection 1, unnumbered paragraph 3 15 1, Code 1995, is amended to read as follows: 3 16 A person, who acts alone, or who conspires with another 3 17 person or persons, to injure, oppress, threaten, or intimidate 3 18 or interfere with any citizen in the free exercise or 3 19 enjoyment of any right or privilege secured to that person by 3 20 the constitution or laws of the state of Iowa or by the 3 21 constitution or laws of the United States, and assembles with3 22one or more persons for the purpose of teaching or being3 23instructed in any technique or means capable of causing3 24property damage, bodily injury or death when the person or3 25persons intend to employ those techniques or means in3 26furtherance of the conspiracy, is on conviction, guilty of3 27 commits a class "D" felony. 3 28 EXPLANATION 3 29 This bill creates the offense of unlawful training activity 3 30 and makes related changes to provisions regarding the 3 31 possession of real or simulated explosive devices and 3 32 regarding violation of individual rights. The bill makes 3 33 unlawful training activity a class "D" felony. 3 34 The bill provides that a person commits the offense of 3 35 unlawful training activity in either of two ways: first, when 4 1 the person provides or participates in training involving 4 2 offensive or dangerous weapons, firearms, or any technique or 4 3 means capable of causing injury or death to people or property 4 4 with the intent, or when the person knows or should know, that 4 5 the instruction or training will be unlawfully employed for 4 6 use in terrorism, violation of individual rights, or civil 4 7 disorder; second, if a person conspires or assembles with 4 8 others to provide or participate in the instruction or 4 9 training with the intent, or where the person knows or should 4 10 know, that the instruction or training will be unlawfully 4 11 employed for use in terrorism, violation of individual rights, 4 12 or civil disorder. 4 13 The bill defines civil disorder as the unlawful use of an 4 14 offensive or dangerous weapon, firearm, or the use of a 4 15 technique or other means which is capable of injuring or 4 16 killing people or damaging public or private property. As 4 17 used in the bill, terrorism has the same meaning as in section 4 18 708.6. 4 19 The bill also strikes language regarding bomb threats from 4 20 chapter 708 (assault and related offenses) and moves it to 4 21 chapter 712 (arson and related offenses). A person who places 4 22 a simulated explosive device near an occupied building or 4 23 vehicle commits a class "D" felony. The bill eliminates the 4 24 requirement of intent to harass or intimidate from this 4 25 offense. The bill makes it a class "C" felony for a person to 4 26 possess a simulated explosive or incendiary device with the 4 27 intent to use the device to commit a crime. The bill also 4 28 makes it a class "D" felony for a person to possess an actual 4 29 or simulated explosive or incendiary device who is not 4 30 authorized to under chapter 724. 4 31 BACKGROUND STATEMENT 4 32 SUBMITTED BY THE AGENCY 4 33 The public has become aware recently of groups which 4 34 espouse views and ideals that favor expression of disagreement 4 35 with government policies and actions in unlawful and violent 5 1 ways. The potential exists that some of these groups or their 5 2 members will commence plans or prepare to conduct unlawful 5 3 actions intended to demonstrate their views. 5 4 Review of Iowa's current statutes indicates insufficient 5 5 authority exists as a basis for law enforcement response to 5 6 the kind of unlawful training activity possible today by these 5 7 groups or individuals. Many states have enacted laws that 5 8 provide law enforcement and prosecutors clear authority to 5 9 investigate and criminally prosecute unlawful activities by 5 10 groups or individuals regarding training in techniques of 5 11 violence. Enactment of such a statute in Iowa would provide a 5 12 means of responding to such activity should it appear. 5 13 The Iowa department of public safety proposes creation of a 5 14 new Code chapter defining civil disorder and unlawful training 5 15 activity and providing criminal penalties. Various legitimate 5 16 activities would be exempted from application of the statute. 5 17 Conviction of violating the chapter would be a class "D" 5 18 felony. 5 19 The proposed legislation also moves language regarding 5 20 possession of explosive or incendiary materials with intent to 5 21 commit a public offense from chapter 708 (assault) to chapter 5 22 712 (arson). Also added is a proscription on possession of 5 23 simulated explosive devices with intent to commit a public 5 24 offense. 5 25 LSB 3122DP 76 5 26 mk/sc/14.1
Text: HSB00576 Text: HSB00578 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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