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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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