House File 517 S-3275 Amend House File 517, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, line 13, by striking < subsection 1 > and inserting 3 < subsection 2 > 4 2. Page 1, after line 31 by inserting: 5 < Sec. ___. Section 724.2A, Code 2017, is amended to read as 6 follows: 7 724.2A Peace officer defined and reserve peace officer —— 8 defined . 9 As used in sections 724.4, 724.6 , and 724.11 regarding 10 obtaining or renewing a permit for the carrying of weapons , 11 “peace officer” means a certified “peace officer” and includes a 12 reserve peace officer as defined in section 80D.1A . 13 Sec. ___. Section 724.4, subsection 4, paragraph b, Code 14 2017, is amended to read as follows: 15 b. A peace officer, when the officer’s duties require the 16 person to carry such weapons , or as provided in section 724.6 . > 17 3. By striking page 1, line 34, through page 2, line 5, and 18 inserting: 19 < NEW PARAGRAPH . c. A licensee under chapter 80A or an 20 employee of such a licensee, while the licensee or employee 21 is engaged in the performance of duties, and if the licensee 22 or employee possesses a valid professional or nonprofessional 23 permit to carry weapons issued pursuant to this chapter. > 24 4. Page 3, after line 9 by inserting: 25 < Sec. ___. Section 724.6, subsection 1, Code 2017, is 26 amended to read as follows: 27 1. a. A person may be issued a permit to carry weapons when 28 the person’s employment in a private investigation business 29 or private security business licensed under chapter 80A , or a 30 person’s employment as a peace officer, correctional officer, 31 security guard, bank messenger or other person transporting 32 property of a value requiring security, or in police work, 33 reasonably justifies that person going armed. 34 b. The permit shall be on a form prescribed and published 35 -1- HF517.2018 (2) 87 jm/rh 1/ 5 #1. #2. #3. #4.
by the commissioner of public safety, shall identify the 1 holder, and shall state the nature of the employment requiring 2 the holder to go armed. A permit so issued, other than to 3 a peace officer, shall authorize the person to whom it is 4 issued to go armed anywhere in the state, only while engaged 5 in the employment, and while going to and from the place of the 6 employment. 7 c. A permit issued to a certified peace officer shall 8 authorize that peace officer to go armed anywhere in the state 9 at all times , including on the grounds of a school . 10 d. Permits shall expire twelve months after the date 11 when issued except that permits issued to peace officers and 12 correctional officers are valid through the officer’s period of 13 employment unless otherwise canceled. When the employment is 14 terminated, the holder of the permit shall surrender it to the 15 issuing officer for cancellation. > 16 5. Page 4, by striking lines 18 and 19 and inserting: 17 < f. Completion of a hunter education program approved by 18 the natural resource commission pursuant to section 483A.27, 19 if the program includes handgun safety training and completion 20 of the handgun safety training is included on the certificate 21 of completion. > 22 6. Page 7, after line 9 by inserting: 23 < Sec. ___. NEW SECTION . 724.14 Nonprofessional permit —— 24 change of residence to another county. 25 If a permit holder of a nonprofessional permit to carry 26 weapons changes residences from one county to another county 27 after the issuance of the permit, the department of public 28 safety shall by rule specify the procedure to transfer the 29 regulation of the holder’s permit to another sheriff for the 30 purposes of issuing a renewal or duplicate permit, or complying 31 with section 724.13. > 32 7. Page 7, line 15, by striking < firearms > and inserting 33 < pistols or revolvers > 34 8. Page 11, after line 25 by inserting: 35 -2- HF517.2018 (2) 87 jm/rh 2/ 5 #5. #6. #7. #8.
< Sec. ___. Section 724.21A, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. If an applicant or permit holder 3 appeals the decision by the sheriff or commissioner to deny 4 an application for or suspend or revoke a permit to carry 5 weapons or a permit to acquire pistols or revolvers, and it 6 is later determined on appeal the applicant or permit holder 7 is eligible to be issued or possess a permit to carry weapons 8 or a permit to acquire pistols or revolvers, the applicant 9 or permit holder shall be awarded court costs and reasonable 10 attorney fees. If the decision of the sheriff or commissioner 11 to deny an application for or suspend or revoke a permit to 12 carry weapons or a permit to acquire pistols or revolvers is 13 upheld on appeal, or the applicant or permit holder withdraws 14 or dismisses the appeal, the political subdivision of the state 15 representing the sheriff or the state department representing 16 the commissioner shall be awarded court costs and reasonable 17 attorney fees. > 18 9. Page 12, line 7, by striking < or spouse > and inserting 19 < spouse, or instructor > 20 10. Page 12, by striking lines 32 and 33 and inserting 21 < information of holders of professional or nonprofessional 22 permits to carry weapons and permits to acquire pistols or 23 revolvers, including but not > 24 11. Page 13, by striking lines 4 and 5 and inserting 25 < revocation, or administration of professional or 26 nonprofessional permits to carry weapons and permits to acquire 27 pistols or revolvers, provided that > 28 12. Page 13, by striking lines 8 through 12 and inserting: 29 < c. This subsection shall not prohibit the release of 30 information to a criminal or juvenile justice agency as defined 31 in section 692.1 for the performance of any lawfully authorized 32 duty or for conducting a lawfully authorized background 33 investigation. > 34 13. Page 14, line 11, by striking < declarative > and 35 -3- HF517.2018 (2) 87 jm/rh 3/ 5 #9. #10. #11. #12.
inserting < declaratory > 1 14. Page 14, by striking lines 12 through 14 and inserting 2 < injunctive relief for damages. > 3 15. Page 14, line 27, after < person > by inserting < , other 4 than a peace officer, > 5 16. Page 14, line 31, after < prohibit the > by inserting 6 < lawful > 7 17. Page 14, by striking lines 34 and 35 and inserting < and 8 parking garages by a person who displays to capitol security 9 personnel a valid permit to carry weapons upon request. > 10 18. Page 15, line 18, by striking < transfer, > 11 19. Page 16, by striking lines 18 through 29 and inserting: 12 1. “Reasonable force” is means that force and no more which 13 a reasonable person, in like circumstances, would judge to 14 be necessary to prevent an injury or loss and can include 15 deadly force if it is reasonable to believe that such force is 16 necessary to avoid injury or risk to one’s life or safety or 17 the life or safety of another, or it is reasonable to believe 18 that such force is necessary to resist a like force or threat. 19 Reasonable force, including deadly force, may be used even if 20 an alternative course of action is available if the alternative 21 entails a risk to life or safety, or the life or safety of a 22 third party, or requires one to abandon or retreat from one’s 23 dwelling or place of business or employment. 24 20. Page 16, line 30, by striking < 3. > and inserting < 2. > 25 21. Page 16, line 34, by striking < 4. > and inserting < 3. > 26 22. Page 18, after line 14 by inserting: 27 < Sec. ___. NEW SECTION . 704.2B Use of deadly force —— 28 duties —— evidence. 29 1. If a person uses deadly force, the person shall notify 30 or cause another to notify a law enforcement agency about the 31 person’s use of deadly force within a reasonable time period 32 after the person’s use of the deadly force, if the person or 33 another person is capable of providing such notification. 34 2. The person using deadly force shall not intentionally 35 -4- HF517.2018 (2) 87 jm/rh 4/ 5 #14. #15. #16. #17. #18. #19. #20. #21. #22.
destroy, alter, conceal, or disguise physical evidence relating 1 to the person’s use of deadly force, and the person shall not 2 intentionally intimidate witnesses into refusing to cooperate 3 with any investigation relating to the use of such deadly force 4 or induce another person to alter testimony about the use of 5 such deadly force. > 6 23. Page 18, line 33, after < property > by inserting 7 < pursuant to section 704.4 > 8 24. Page 22, after line 14 by inserting: 9 < DIVISION ___ 10 INITIAL APPEARANCE —— BAIL 11 Sec. ___. Section 804.21, subsection 5, paragraph b, 12 subparagraph (1), Code 2017, is amended to read as follows: 13 (1) The person was arrested for a crime other than a 14 violation of section 708.6, section 724.26, subsection 1, or 15 a forcible felony, and > 16 25. Page 22, line 27 by striking < firearms > and inserting 17 < pistols or revolvers > 18 26. Page 22, line 29, by striking < firearms > and inserting 19 < pistols or revolvers > 20 27. By renumbering as necessary. 21 ______________________________ DAN DAWSON -5- HF517.2018 (2) 87 jm/rh 5/ 5 #23. #24. #25. #26. #27.