Text: HSB00518 Text: HSB00520 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 101.5, Code 2003, is amended to read as 1 2 follows: 1 3 101.5 PUBLICATION OF RULES. 1 4 The rules shall be promulgated pursuant to chapter 17A, 1 5 only after a public hearing at least twenty days' notice of 1 6 the time and place of which is given by publicationin a1 7newspaper of general circulation throughout the statein the 1 8 Iowa administrative bulletin and by mail to any person who has 1 9 filed the person's name and address with the state fire 1 10 marshal for the purpose of receiving the notice. 1 11 Sec. 2. Section 708.7, subsection 1, paragraph a, 1 12 subparagraph (2), Code 2003, is amended to read as follows: 1 13 (2) Places a simulated explosive or simulated incendiary 1 14 device in or neara building, vehicle, airplane, railroad1 15engine or railroad car, or boat occupied by another personan 1 16 occupied structure as defined in section 702.12. 1 17 Sec. 3. Section 712.1, Code 2003, is amended to read as 1 18 follows: 1 19 712.1 ARSON DEFINED. 1 20 1. Causing a fire or explosion, or placing any burning or 1 21 combustible material, or any incendiary or explosive device or 1 22 material, in or near any property with the intent to destroy 1 23 or damage such property, or with the knowledge that such 1 24 property will probably be destroyed or damaged, is arson, 1 25 whether or not any such property is actually destroyed or 1 26 damaged. Provided, that where a person who owns said property 1 27 which the defendant intends to destroy or damage, or which the 1 28 defendant knowingly endangers, consented to the defendant's 1 29 acts, and where no insurer has been exposed fraudulently to 1 30 any risk, and where the act was done in such a way as not to 1 31 unreasonably endanger the life or property of any other person 1 32 the act shall not be arson. 1 33 2. Causing a fire or explosion that damages or destroys 1 34 property while manufacturing or attempting to manufacture a 1 35 controlled substance in violation of section 124.401 is arson. 2 1 Even if a person who owns property which the defendant intends 2 2 to destroy or damage, or which the defendant knowingly 2 3 endangers, consents to the defendant's act, and if an insurer 2 4 has not been exposed fraudulently to any risk, and even if the 2 5 act was done in such a way as not to unreasonably endanger the 2 6 life or property of any person, the act constitutes arson. 2 7 Sec. 4. Section 712.2, Code 2003, is amended to read as 2 8 follows: 2 9 712.2 ARSON IN THE FIRST DEGREE. 2 10 Arson is arson in the first degree whenthe property which2 11the defendant intends to destroy or damage, or which the2 12defendant knowingly endangers, is property in whichthe 2 13 presence of one or more persons can be reasonably anticipated 2 14 in or near the property which is the subject of the arson, or 2 15 the arson results in the death of a fire fighter, whether paid 2 16 or volunteer. 2 17 Arson in the first degree is a class "B" felony. 2 18 Sec. 5. Section 712.3, Code 2003, is amended to read as 2 19 follows: 2 20 712.3 ARSON IN THE SECOND DEGREE. 2 21 Arson which is not arson in the first degree is arson in 2 22 the second degree when the propertywhich the defendant2 23intends to destroy or damage, or which the defendant knowingly2 24endangers,which is the subject of the arson is a building or 2 25 a structure, or real property of any kind, or standing crops, 2 26 or is personal property the value of which exceeds five 2 27 hundred dollars. Arson in the second degree is a class "C" 2 28 felony. 2 29 EXPLANATION 2 30 This bill relates to the promulgation of administrative 2 31 rules by the state fire marshal and to the definitions of the 2 32 criminal offenses of harassment and arson. 2 33 The bill provides that state fire marshal administrative 2 34 rules promulgated pursuant to Code chapter 101 may only be 2 35 promulgated after notice of any hearing related to these rules 3 1 is published in the Iowa administrative bulletin. Current law 3 2 requires the notice of the hearing to be published in a 3 3 newspaper of general circulation throughout the state prior to 3 4 the rules becoming effective. 3 5 The bill amends the definition of the criminal offense of 3 6 harassment. The bill expands the definition of harassment to 3 7 include placing a simulated explosive or simulated incendiary 3 8 device in or near an occupied structure. The term "occupied 3 9 structure" is defined in Code section 702.12. The current 3 10 definition of harassment includes placing a simulated 3 11 explosive or simulated incendiary device in or near a 3 12 building, vehicle, airplane, railroad engine, or railroad car, 3 13 or boat occupied by another person. Harassment is punishable 3 14 as an aggravated, serious, or simple misdemeanor depending on 3 15 the facts of the case. 3 16 The bill also amends the definition of the criminal offense 3 17 of arson. The bill provides that a person who manufactures or 3 18 attempts to manufacture a controlled substance in violation of 3 19 Code section 124.401, which then results in a fire or an 3 20 explosion that destroys property, commits arson. Code 3 21 sections 712.2 and 712.3 are amended to conform with the 3 22 definitional change in Code section 712.1. Arson is 3 23 punishable as a class "B", class "C", or aggravated 3 24 misdemeanor depending on the facts of the case. 3 25 LSB 5063DP 80 3 26 jm/pj/5
Text: HSB00518 Text: HSB00520 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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