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House Journal: Page 1338: Wednesday, April 3, 1996

14   community treatment program for up to seventy-two
15   hours without notice to the court or for more than
16   seventy-two hours if the court is notified of the
17   placement within seventy-two hours of placement,
18   subject to a hearing before the court on the placement
19   within ten days."
20     2.  Page 2, line 18, by inserting after the word
21   "violation" the following:  "by an adult".
22     3.  Page 3, line 22, by inserting before the word
23   "a" the following:  ", if the person is an adult, a
24   violation of".
25     4.  By renumbering, relettering, or redesignating
26   and correcting internal references as necessary.
The committee amendment H-5549 was adopted.
Lamberti of Polk offered the following amendment H-5740 filed by
Lamberti, et. al., and moved its adoption:

H-5740

 1     Amend Senate File 2420, as passed by the Senate, as
 2   follows:
 3     1.  Page 6, by inserting after line 7 the
 4   following:
 5     "Sec. ___.  Section 723A.1, subsection 1, Code
 6   Supplement 1995, is amended by adding the following
 7   new paragraph:
 8     NEW PARAGRAPH.  h.  Brandishing a dangerous weapon.
 9   For purposes of this paragraph:
10     (1)  "Brandishing a dangerous weapon" means the
11   display or exhibition of a dangerous weapon, with the
12   intent to intimidate or threaten another person, or
13   the actual use of the dangerous weapon in a manner
14   which is intended to or does cause serious injury or
15   death.
16     (2)  "Dangerous weapon" means either of the
17   following:
18     (a)  An instrument or device designed primarily for
19   use in inflicting death or injury upon a human being
20   or animal, and that is capable of inflicting death
21   upon a human being when used in the manner for which
22   it was designed.
23     (b)  An instrument or device of any sort whatsoever
24   that is actually used in a manner that indicates the
25   defendant intends to inflict death or serious injury
26   upon another person, and that, when so used, is
27   capable of inflicting death or serious injury upon a
28   human being."
29     2.  Title page, line 1, by inserting after the
30   word "including" the following:  "the use of deadly
31   force by criminal street gangs,".
32     3.  By renumbering as necessary.

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