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House File 2560

Partial Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2    Section 1.  LEGISLATIVE FINDINGS.  The devastating
  1  3 consequences of the 2001 attacks on the world trade center and
  1  4 the pentagon underscore the compelling need for legislation
  1  5 that is specifically designed to combat the acts of terrorism.
  1  6 The bombings of United States embassies in Kenya and Tanzania,
  1  7 the federal building in Oklahoma City, pan am flight 103 in
  1  8 Lockerbie, Scotland, and the 1993 bombing of the world trade
  1  9 center will forever serve to remind Iowa's citizens that
  1 10 terrorism is a serious and deadly problem that disrupts public
  1 11 order and threatens individual safety both at home and around
  1 12 the world.  Terrorism is inconsistent with a civilized society
  1 13 and cannot be tolerated.
  1 14    Although certain federal laws seek to curb the incidence of
  1 15 terrorism, no corresponding state laws have been enacted that
  1 16 facilitate prosecution and punishment of terrorists in state
  1 17 courts.
  1 18    No criminal penalties have been applied in this state to a
  1 19 person who solicits or raises funds for, or provides other
  1 20 material support or resources to, those who commit or
  1 21 encourage the commission of horrific and cowardly acts of
  1 22 terrorism.  Criminal penalties also need to be applied to
  1 23 persons who make terrorist threats.
  1 24    A comprehensive state law is needed to address these
  1 25 weaknesses in Iowa's justice system.  Accordingly, the general
  1 26 assembly finds that the state's laws must be strengthened to
  1 27 ensure that terrorists, as well as those who solicit or
  1 28 provide financial and other support to terrorists, are
  1 29 prosecuted and punished in state courts with appropriate
  1 30 severity.  
  1 31                           DIVISION II
  1 32    Sec. 2.  Section 707.2, Code 2001, is amended by adding the
  1 33 following new subsection:
  1 34    NEW SUBSECTION.  6.  The person kills another person while
  1 35 participating in an act of terrorism as defined in section
  2  1 708A.1.
  2  2    Sec. 3.  NEW SECTION.  708A.1  DEFINITIONS.
  2  3    For purposes of this chapter:
  2  4    1.  "Material support or resources" means assisting or
  2  5 providing money, financial securities, financial services,
  2  6 lodging, training, safe houses, false documentation or
  2  7 identification, communication equipment, facilities, weapons,
  2  8 lethal substances, explosives, personnel, transportation, and
  2  9 other physical assets, except medicine or religious materials.
  2 10    2.  "Renders criminal assistance" means a person who, with
  2 11 intent to prevent the apprehension or obstruct the prosecution
  2 12 or defense of any person, knowingly does any of the following
  2 13 acts:
  2 14    a.  Destroys, alters, conceals, or disguises physical
  2 15 evidence which would be admissible in the trial of another for
  2 16 a public offense, or makes available false evidence or
  2 17 furnishes false information with the intent that it be used in
  2 18 the trial of that case.
  2 19    b.  Induces a witness having knowledge material to the
  2 20 subject at issue to leave the state or hide, or to fail to
  2 21 appear when subpoenaed.
  2 22    c.  Provides concealment or warns of impending apprehension
  2 23 to any person being sought for the subject at issue.
  2 24    d.  Provides a weapon, disguise, transportation, or money
  2 25 to any person being sought for the subject at issue.
  2 26    e.  Prevents or obstructs, by means of force, intimidation,
  2 27 or deception, another person from performing an act which
  2 28 might aid in the apprehension or prosecution or defense of any
  2 29 person.
  2 30    f.  Profits or provides aid to any person who profits from
  2 31 an advantage derived from the commission of a public offense.
  2 32    3.  "Terrorism" means an act intended to intimidate or
  2 33 coerce a civilian population, or to influence the policy of a
  2 34 unit of government by intimidation or coercion, or to affect
  2 35 the conduct of a unit of government.
  3  1    Sec. 4.  NEW SECTION.  708A.2  VALUE FOR PURPOSES OF
  3  2 MATERIAL SUPPORT AND RESOURCES.
  3  3    The value of property or services is its highest value by
  3  4 any reasonable standard at the time the material support or
  3  5 resources is given.  Any reasonable standard includes but is
  3  6 not limited to market value within the community, actual
  3  7 value, or replacement value.
  3  8    If credit, property, or services are obtained by two or
  3  9 more acts from the same person or location, or from different
  3 10 persons by two or more acts which occur in approximately the
  3 11 same location or time period so that the material support or
  3 12 resources are attributable to a single scheme, plan, or
  3 13 conspiracy, the acts may be considered as a single act of
  3 14 support or resources and the value may be the total value of
  3 15 all credit, property, and services involved.
  3 16    Sec. 5.  NEW SECTION.  708A.3  SOLICITING OR PROVIDING
  3 17 MATERIAL SUPPORT OR RESOURCES FOR TERRORISM.
  3 18    1.  A person who provides material support or resources to
  3 19 a person who commits or attempts to commit terrorism and the
  3 20 value of the material support or resources is in excess of one
  3 21 thousand dollars commits a class "B" felony.
  3 22    2.  A person who provides material support or resources to
  3 23 a person who commits or attempts to commit terrorism and the
  3 24 value of the material support or resources does not exceed one
  3 25 thousand dollars commits a class "C" felony.
  3 26    Sec. 6.  NEW SECTION.  708A.4  THREAT OF TERRORISM.
  3 27    A person who threatens to commit terrorism or threatens to
  3 28 cause terrorism to be committed and who causes a reasonable
  3 29 expectation or fear of the imminent commission of such an act
  3 30 of terrorism commits a class "D" felony.
  3 31    Sec. 7.  NEW SECTION.  708A.5  OBSTRUCTION OF TERRORISM
  3 32 PROSECUTION.
  3 33    1.  A person who renders criminal assistance to another
  3 34 person who commits terrorism that results in the murder of a
  3 35 third person while knowing that the other person was engaged
  4  1 in terrorism commits a class "B" felony.
  4  2    2.  A person who renders criminal assistance to another
  4  3 person who commits terrorism while knowing that the other
  4  4 person was engaged in an act of terrorism commits a class "C"
  4  5 felony.  
  4  6                          DIVISION III
  4  7    Sec. 8.  Section 708.6, Code 2001, is amended to read as
  4  8 follows:
  4  9    708.6  TERRORISM INTIMIDATION WITH A DANGEROUS WEAPON.
  4 10    A person commits a class "C" felony when the person, with
  4 11 the intent to injure or provoke fear or anger in another,
  4 12 shoots, throws, launches, or discharges a dangerous weapon at,
  4 13 into, or in a building, vehicle, airplane, railroad engine,
  4 14 railroad car, or boat, occupied by another person, or within
  4 15 an assembly of people, and thereby places the occupants or
  4 16 people in reasonable apprehension of serious injury or
  4 17 threatens to commit such an act under circumstances raising a
  4 18 reasonable expectation that the threat will be carried out.
  4 19    A person commits a class "D" felony when the person shoots,
  4 20 throws, launches, or discharges a dangerous weapon at, into,
  4 21 or in a building, vehicle, airplane, railroad engine, railroad
  4 22 car, or boat, occupied by another person, or within an
  4 23 assembly of people, and thereby places the occupants or people
  4 24 in reasonable apprehension of serious injury or threatens to
  4 25 commit such an act under circumstances raising a reasonable
  4 26 expectation that the threat will be carried out.
  4 27    Sec. 9.  Section 723A.1, subsection 1, paragraph c, Code
  4 28 2001, is amended to read as follows:
  4 29    c.  An offense constituting a violation of section 708.6
  4 30 involving an act of terrorism intimidation with a dangerous
  4 31 weapon.  
  4 32                           EXPLANATION
  4 33    This bill establishes new criminal offenses related to acts
  4 34 of terrorism.  The bill defines an act of terrorism as an
  4 35 intended act to intimidate or coerce a civilian population, or
  5  1 to influence the policy of a unit of government by
  5  2 intimidation or coercion, or to affect the conduct of a unit
  5  3 of government.
  5  4    CLASS "A" FELONY.  The bill provides that a person who
  5  5 kills another person while participating in an act of
  5  6 terrorism, commits as class "A" felony.
  5  7    SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM.
  5  8 The bill provides that a person shall not provide material
  5  9 support or resources to a person who commits an act of
  5 10 terrorism.  If the value of the material support or resources
  5 11 given exceeds $1,000, the person is guilty of a class "B"
  5 12 felony; if the value does not exceed $1,000, the person is
  5 13 guilty of a class "C" felony.  The bill defines material
  5 14 support or resources as providing money, financial securities,
  5 15 financial services, lodging, training, safe houses, false
  5 16 documentation, communication equipment, facilities, weapons,
  5 17 lethal substances, explosives, personnel, transportation, and
  5 18 other physical assets.
  5 19    THREAT OF TERRORISM.  The bill provides that a person shall
  5 20 not threaten to commit or cause an act of terrorism to be
  5 21 committed to such an extent that the act raises a reasonable
  5 22 expectation the threat will be carried out.  A person who
  5 23 commits a threat of terrorism is guilty of a class "D" felony.
  5 24    OBSTRUCTION OF TERRORISM PROSECUTION.  The bill provides
  5 25 that a person who renders criminal assistance to a person who
  5 26 commits an act of terrorism that resulted in the death of
  5 27 another person is guilty of a class "B" felony.  If the person
  5 28 renders criminal assistance but no death results from the act,
  5 29 the person is guilty of a class "C" felony.  The bill defines
  5 30 criminal assistance as a person who knowingly attempts to
  5 31 prevent the apprehension or obstructs the prosecution or
  5 32 defense of another person who has committed an act of
  5 33 terrorism.
  5 34    INTIMIDATION WITH A DANGEROUS WEAPON.  The bill changes the
  5 35 name of the current criminal offense of "terrorism" to the
  6  1 criminal offense of "intimidation with a dangerous weapon".
  6  2    PENALTIES.  A class "A" felony is punishable by confinement
  6  3 for life without possibility of parole.  A class "B" felony is
  6  4 punishable by confinement for no more than 25 years.  A class
  6  5 "C" felony is punishable by confinement for no more than 10
  6  6 years and a fine of at least $1,000 but not more than $10,000.
  6  7 A class "D" felony is punishable by confinement for no more
  6  8 than five years and a fine of at least $750 but not more than
  6  9 $7,500.  
  6 10 LSB 6680HV 79
  6 11 jm/pj/5
     

Text: HF02559                           Text: HF02561
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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