House File 2266 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2266
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE CRIMINAL OFFENSES OF ELUDING OR ATTEMPTING TO
  1  5    ELUDE A LAW ENFORCEMENT VEHICLE AND THE POSSESSION OF AN
  1  6    INCENDIARY OR EXPLOSIVE DEVICE OR MATERIAL, AND THE
  1  7    REGULATION OF EXPLOSIVES, AND PROVIDING PENALTIES.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 101A.1, subsection 3, Code 2007, is
  1 12 amended to read as follows:
  1 13    3.  "Explosive" or "explosives" means any chemical
  1 14 compound, mixture or device, the primary or common purpose of
  1 15 which is to function by explosion, i.e., with substantially
  1 16 instantaneous release of gas and heat, unless such compound,
  1 17 mixture, or device is otherwise specifically classified by the
  1 18 United States department of transportation.  The term
  1 19 "explosives" "explosive" includes all material materials which
  1 20 is are classified as a class A, class B, and class C
  1 21 explosives 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the
  1 22 United States department of transportation, under 49 C.F.R. }
  1 23 173.50, and all materials classified as explosive materials
  1 24 under 18 U.S.C. } 841, and includes, but is not limited to,
  1 25 dynamite, black powder, pellet powders, initiating explosives,
  1 26 blasting caps, electric blasting caps, safety fuse, fuse
  1 27 lighters, fuse igniters, squibs, cordeau detonative fuse,
  1 28 instantaneous fuse, igniter cord, igniters, smokeless
  1 29 propellant, cartridges for propellant=actuated power devices,
  1 30 and cartridges for industrial guns, and overpressure devices,
  1 31 but shall does not include "fireworks" as defined in section
  1 32 727.2 nor or ammunition or small arms primers manufactured for
  1 33 use in shotguns, rifles, and pistols.  Commercial explosives
  1 34 are those explosives which are intended to be used in
  1 35 commercial or industrial operations.
  2  1    Sec. 2.  Section 101A.1, Code 2007, is amended by adding
  2  2 the following new subsection:
  2  3    NEW SUBSECTION.  7A.  "Overpressure device" means any
  2  4 device constructed of a container or improvised container
  2  5 which is filled with a mixture of chemicals or sublimating
  2  6 materials or gases that generate an expanding gas, which is
  2  7 designed or constructed to cause the container to break,
  2  8 fracture, or rupture in a violent manner capable of causing
  2  9 death, serious injury, or property damage.
  2 10    Sec. 3.  Section 321.279, subsection 1, Code 2007, is
  2 11 amended to read as follows:
  2 12    1.  The driver of a motor vehicle commits a serious
  2 13 misdemeanor if the driver willfully fails to bring the motor
  2 14 vehicle to a stop or otherwise eludes or attempts to elude a
  2 15 marked official law enforcement vehicle driven by a uniformed
  2 16 peace officer after being given a visual and audible signal to
  2 17 stop.  The signal given by the peace officer shall be by
  2 18 flashing red light, or by flashing red and blue lights, and
  2 19 siren.  For purposes of this section, "peace officer" means
  2 20 those officers designated under section 801.4, subsection 11,
  2 21 paragraphs "a", "b", "c", "f", "g", and "h".
  2 22    Sec. 4.  Section 712.6, Code 2007, is amended to read as
  2 23 follows:
  2 24    712.6  EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES.
  2 25    1.  Any A person who shall possess possesses any incendiary
  2 26 or explosive device or material with the intent to use such
  2 27 device or material to commit any a public offense shall be
  2 28 guilty of a class "C" felony.
  2 29    2.  a.  A person who possesses any incendiary or explosive
  2 30 device or material shall be guilty of an aggravated
  2 31 misdemeanor.
  2 32    b.  This subsection does not apply to a person holding a
  2 33 valid commercial license or user's permit issued pursuant to
  2 34 chapter 101A, provided that the person is acting within the
  2 35 scope of authority granted by the license or permit.
  3  1    2. 3.  Any A person who, with the intent to intimidate,
  3  2 annoy, or alarm another person, who places a simulated
  3  3 explosive or simulated incendiary device in or near an
  3  4 occupied structure as defined in section 702.12, is guilty of
  3  5 a serious misdemeanor.
  3  6
  3  7
  3  8                                                             
  3  9                               PATRICK J. MURPHY
  3 10                               Speaker of the House
  3 11
  3 12
  3 13                                                             
  3 14                               JOHN P. KIBBIE
  3 15                               President of the Senate
  3 16
  3 17    I hereby certify that this bill originated in the House and
  3 18 is known as House File 2266, Eighty=second General Assembly.
  3 19
  3 20
  3 21                                                             
  3 22                               MARK BRANDSGARD
  3 23                               Chief Clerk of the House
  3 24 Approved                , 2008
  3 25
  3 26
  3 27                            
  3 28 CHESTER J. CULVER
  3 29 Governor