Text: HSB00039 Text: HSB00041 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. LEGISLATIVE FINDINGS. It is the finding of the
1 2 general assembly that as a result of certain court cases and
1 3 other activities, questions have been raised in some quarters
1 4 in regard to the proper enactment of certain provisions
1 5 contained in enactments relating to juvenile justice. It is
1 6 the intent of the general assembly to resolve any doubt as to
1 7 the validity of provisions in those juvenile justice
1 8 enactments of prior years. Passage of an Act by the general
1 9 assembly necessarily includes a finding by the general
1 10 assembly that the Act embraced but one subject, and matters
1 11 properly connected with the subject, and that the subject is
1 12 properly expressed in the title.
1 13 Sec. 2. Section 723A.1, subsection 1, paragraph "h", Code
1 14 1997, is affirmed and reenacted in accordance with its
1 15 enactment in 1996 Iowa Acts, chapter 1134, section 10, and
1 16 including any other 1996 amendments and editorial changes.
1 17 Sec. 3. Section 724.16A, Code 1997, is affirmed and
1 18 reenacted in accordance with its enactment in 1994 Iowa Acts,
1 19 chapter 1172, section 55, and including any other 1994, 1995,
1 20 or 1996 amendments and editorial changes.
1 21 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
1 22 immediate importance, takes effect upon enactment.
1 23 EXPLANATION
1 24 This bill affirms and reenacts two criminal law provisions
1 25 and any amendments and editorial changes and makes the
1 26 reenactment effective upon the enactment of this legislation.
1 27 The first provision, the reenactment of the amendments to
1 28 Code section 723A.1, relates to the brandishing of a dangerous
1 29 weapon by persons who participate in or are a member of a
1 30 criminal street gang. The amendments included the brandishing
1 31 of such a weapon as one of the criminal acts which is
1 32 punishable as a class "D" felony if committed by a criminal
1 33 street gang member or participant. A class "D" felony is
1 34 punishable by confinement for no more than five years and a
1 35 possible additional fine of at least $500 but not more than
2 1 $7,500.
2 2 The second provision which is reaffirmed and reenacted is
2 3 the felony offense of trafficking in stolen weapons. The
2 4 provision which is being reenacted punishes the knowing
2 5 transfer, acquisition of possession, or facilitation of
2 6 transfer of a stolen firearm as a class "D" felony. A second
2 7 or subsequent offense or situations in which the stolen weapon
2 8 is used in the commission of a public offense is a class "C"
2 9 felony. A class "C" felony is punishable by confinement for
2 10 no more than 10 years and a possible additional fine of at
2 11 least $500 but not more than $10,000.
2 12 LSB 1475HC 77
2 13 lh/cf/24
Text: HSB00039 Text: HSB00041 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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