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Senate Study Bill 2198

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 29A.31, Code 1995, is amended to read
  1  2 as follows:
  1  3    29A.31  UNLAWFUL ORGANIZATIONS.
  1  4    It shall be unlawful for any body of persons, other than
  1  5 the national guard and the troops of the United States, to
  1  6 associate themselves together as a military organization
  1  7 within the limits of this state without the written permission
  1  8 of the governor, which the governor may at any time revoke,
  1  9 but this provision shall not prevent civic, social, or
  1 10 benevolent organizations from wearing uniforms and swords not
  1 11 in conflict with the other provisions of this chapter.  A
  1 12 person who violates this section commits an aggravated
  1 13 misdemeanor.
  1 14    Sec. 2.  Section 708.7, subsection 1, paragraph a,
  1 15 subparagraph (2), Code 1995, is amended by striking the
  1 16 subparagraph.
  1 17    Sec. 3.  Section 712.6, Code 1995, is amended to read as
  1 18 follows:
  1 19    712.6  POSSESSION OF EXPLOSIVE OR INCENDIARY MATERIALS OR
  1 20 DEVICES – ACTUAL OR SIMULATED.
  1 21    1.  Any A person who shall possess any possesses an actual
  1 22 or simulated incendiary or explosive device or material with
  1 23 the intent to use such device or material to commit any public
  1 24 offense shall be guilty of a class "C" felony.
  1 25    2.  A person who possesses an actual or simulated
  1 26 incendiary or explosive device or material, who knows or has
  1 27 reason to believe that the device or material may be used to
  1 28 commit a public offense, and who is not a person authorized
  1 29 under section 724.2 to possess the device or material commits
  1 30 a class "D" felony.
  1 31    3.  A person who places a simulated explosive or incendiary
  1 32 device or material in or near a building, vehicle, airplane,
  1 33 railroad engine, railroad car, or boat occupied by another
  1 34 person, with the intent to alarm, annoy, intimidate, or
  1 35 threaten another person, commits a class "D" felony.
  2  1    Sec. 4.  Section 729.5, subsection 1, unnumbered paragraph
  2  2 1, Code 1995, is amended to read as follows:
  2  3    A person, who acts alone, or who conspires or assembles
  2  4 with another person or persons, to injure, oppress, threaten,
  2  5 or intimidate or interfere with any citizen in the free
  2  6 exercise or enjoyment of any right or privilege secured to
  2  7 that person by the constitution or laws of the state of Iowa
  2  8 or by the constitution or laws of the United States, and or
  2  9 who assembles with one or more persons for the purpose of
  2 10 teaching or being instructed in any technique or means capable
  2 11 of causing property damage, bodily injury, or death, when the
  2 12 person or persons intend to employ those intends, or knows or
  2 13 has reason to know, that the teaching, instruction, or
  2 14 techniques or means in furtherance of the conspiracy, is on
  2 15 conviction, guilty of will be used to further a conspiracy to
  2 16 or to commit a public offense, commits a class "D" felony.  
  2 17                           EXPLANATION
  2 18    This bill adds a penalty to an existing provision which
  2 19 makes it unlawful for a group of persons to associate as a
  2 20 military organization without the written permission of the
  2 21 governor.  The penalty added is an aggravated misdemeanor.
  2 22    The bill also strikes language regarding bomb threats from
  2 23 chapter 708 (assault and related offenses) and moves it to
  2 24 chapter 712 (arson and related offenses).  A person who places
  2 25 a simulated explosive device or material near an occupied
  2 26 building or vehicle with the intent to alarm, annoy, or
  2 27 threaten the occupant commits a class "D" felony.  The bill
  2 28 makes it a class "C" felony for a person to possess a
  2 29 simulated explosive or incendiary device or material with the
  2 30 intent to use the device to commit a crime.  The bill also
  2 31 makes it a class "D" felony for a person to possess an actual
  2 32 or simulated explosive or incendiary device or material who is
  2 33 not authorized to possess an actual device or material under
  2 34 chapter 724 and who knows or should know the device or
  2 35 material may be used to commit a crime.
  3  1    In addition, the bill provides that a person who assembles
  3  2 with other persons to violate another person's individual
  3  3 rights or who provides or receives instruction in techniques
  3  4 capable of causing property damage, bodily injury, or death,
  3  5 if the person intends, or knows or should know that the
  3  6 instruction or techniques will be used to commit a public
  3  7 offense or further a conspiracy to commit a public offense,
  3  8 commits a class "D" felony.  Currently, the person must act
  3  9 alone, or conspire with others, to violate individual rights
  3 10 and provide or receive instruction in techniques capable of
  3 11 causing damage, injury, or death, to be subject to
  3 12 prosecution.  
  3 13 LSB 3687XL 76
  3 14 mk/sc/14.1
     

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