Text: SF02145 Text: SF02147 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2146 1 2 1 3 AN ACT 1 4 ESTABLISHING CRIMINAL OFFENSES FOR ACTS OF TERRORISM, 1 5 CHANGING RELATED CRIMINAL PENALTIES, AND PROVIDING 1 6 A PENALTY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 Section 1. Section 707.2, Code 2001, is amended by adding 1 12 the following new subsection: 1 13 NEW SUBSECTION. 6. The person kills another person while 1 14 participating in an act of terrorism as defined in section 1 15 708A.1. 1 16 Sec. 2. NEW SECTION. 708A.1 DEFINITIONS. 1 17 For purposes of this chapter: 1 18 1. "Material support or resources" means knowingly 1 19 assisting or providing money, financial securities, financial 1 20 services, lodging, training, safe houses, false documentation 1 21 or identification, communication equipment, facilities, 1 22 weapons, lethal substances, explosives, personnel, 1 23 transportation, and other physical assets, except medicine or 1 24 religious materials, for the purpose of assisting a person in 1 25 the commission of an act of terrorism. 1 26 2. "Renders criminal assistance" means a person who, with 1 27 intent to prevent the apprehension or obstruct the prosecution 1 28 or defense of any person, knowingly does any of the following 1 29 acts: 1 30 a. Destroys, alters, conceals, or disguises physical 1 31 evidence which would be admissible in the trial of another for 1 32 a public offense, or makes available false evidence or 1 33 furnishes false information with the intent that it be used in 1 34 the trial of that case. 1 35 b. Induces a witness having knowledge material to the 2 1 subject at issue to leave the state or hide, or to fail to 2 2 appear when subpoenaed. 2 3 c. Provides concealment or warns of impending apprehension 2 4 to any person being sought for the subject at issue. 2 5 d. Provides a weapon, disguise, transportation, or money 2 6 to any person being sought for the subject at issue. 2 7 e. Prevents or obstructs, by means of force, intimidation, 2 8 or deception, another person from performing an act which 2 9 might aid in the apprehension or prosecution or defense of any 2 10 person. 2 11 3. "Terrorism" means an act intended to intimidate or 2 12 coerce a civilian population, or to influence the policy of a 2 13 unit of government by intimidation or coercion, or to affect 2 14 the conduct of a unit of government, by shooting, throwing, 2 15 launching, discharging, or otherwise using a dangerous weapon 2 16 at, into, or in a building, vehicle, airplane, railroad 2 17 engine, railroad car, or boat, occupied by another person, or 2 18 within an assembly of people. The terms "intimidate", 2 19 "coerce", "intimidation", and "coercion", as used in this 2 20 definition, are not to be construed to prohibit picketing, 2 21 public demonstrations, and similar forms of expressing ideas 2 22 or views regarding legitimate matters of public interest 2 23 protected by the United States and Iowa constitutions. 2 24 Sec. 3. NEW SECTION. 708A.1A TERRORISM. 2 25 A person who commits or attempts to commit an act of 2 26 terrorism commits a class "B" felony. However, 2 27 notwithstanding section 902.9, subsection 2, the maximum 2 28 sentence for a person convicted under this section shall be a 2 29 period of confinement of not more than fifty years. 2 30 Sec. 4. NEW SECTION. 708A.2 VALUE FOR PURPOSES OF 2 31 MATERIAL SUPPORT AND RESOURCES. 2 32 The value of property or services is its highest value by 2 33 any reasonable standard at the time the material support or 2 34 resources is given. Any reasonable standard includes but is 2 35 not limited to market value within the community, actual 3 1 value, or replacement value. 3 2 If credit, property, or services are obtained by two or 3 3 more acts from the same person or location, or from different 3 4 persons by two or more acts which occur in approximately the 3 5 same location or time period so that the material support or 3 6 resources are attributable to a single scheme, plan, or 3 7 conspiracy, the acts may be considered as a single act of 3 8 support or resources and the value may be the total value of 3 9 all credit, property, and services involved. 3 10 Sec. 5. NEW SECTION. 708A.3 SOLICITING OR PROVIDING 3 11 MATERIAL SUPPORT OR RESOURCES FOR TERRORISM. 3 12 1. A person who provides material support or resources to 3 13 a person who commits or attempts to commit terrorism and the 3 14 value of the material support or resources is in excess of one 3 15 thousand dollars commits a class "B" felony. 3 16 2. A person who provides material support or resources to 3 17 a person who commits or attempts to commit terrorism and the 3 18 value of the material support or resources does not exceed one 3 19 thousand dollars commits a class "C" felony. 3 20 Sec. 6. NEW SECTION. 708A.4 THREAT OF TERRORISM. 3 21 A person who threatens to commit terrorism or threatens to 3 22 cause terrorism to be committed and who causes a reasonable 3 23 expectation or fear of the imminent commission of such an act 3 24 of terrorism commits a class "D" felony. 3 25 Sec. 7. NEW SECTION. 708A.5 OBSTRUCTION OF TERRORISM 3 26 PROSECUTION. 3 27 1. A person who renders criminal assistance to another 3 28 person who commits terrorism that results in the murder of a 3 29 third person while knowing that the other person was engaged 3 30 in terrorism commits a class "B" felony. 3 31 2. A person who renders criminal assistance to another 3 32 person who commits terrorism while knowing that the other 3 33 person was engaged in an act of terrorism commits a class "C" 3 34 felony. 3 35 DIVISION II 4 1 Sec. 8. Section 708.6, Code 2001, is amended to read as 4 2 follows: 4 3 708.6TERRORISMINTIMIDATION WITH A DANGEROUS WEAPON. 4 4 A person commits a class "C" felony when the person, with 4 5 the intent to injure or provoke fear or anger in another, 4 6 shoots, throws, launches, or discharges a dangerous weapon at, 4 7 into, or in a building, vehicle, airplane, railroad engine, 4 8 railroad car, or boat, occupied by another person, or within 4 9 an assembly of people, and thereby places the occupants or 4 10 people in reasonable apprehension of serious injury or 4 11 threatens to commit such an act under circumstances raising a 4 12 reasonable expectation that the threat will be carried out. 4 13 A person commits a class "D" felony when the person shoots, 4 14 throws, launches, or discharges a dangerous weapon at, into, 4 15 or in a building, vehicle, airplane, railroad engine, railroad 4 16 car, or boat, occupied by another person, or within an 4 17 assembly of people, and thereby places the occupants or people 4 18 in reasonable apprehension of serious injury or threatens to 4 19 commit such an act under circumstances raising a reasonable 4 20 expectation that the threat will be carried out. 4 21 Sec. 9. Section 723A.1, subsection 1, paragraph c, Code 4 22 2001, is amended to read as follows: 4 23 c. An offense constituting a violation of section 708.6 4 24 involvingan act of terrorismintimidation with a dangerous 4 25 weapon. 4 26 4 27 4 28 4 29 MARY E. KRAMER 4 30 President of the Senate 4 31 4 32 4 33 4 34 BRENT SIEGRIST 4 35 Speaker of the House 5 1 5 2 I hereby certify that this bill originated in the Senate and 5 3 is known as Senate File 2146, Seventy-ninth General Assembly. 5 4 5 5 5 6 5 7 MICHAEL E. MARSHALL 5 8 Secretary of the Senate 5 9 Approved , 2002 5 10 5 11 5 12 5 13 THOMAS J. VILSACK 5 14 Governor
Text: SF02145 Text: SF02147 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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