Text: HF02559 Text: HF02561 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 9 708.6TERRORISMINTIMIDATION 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 involvingan act of terrorismintimidation 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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