House File 2200
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 519)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to fire safety issues, including the promulgation
2 of administrative rules by the state fire marshal and arson
3 and simulated explosive related criminal offenses, and
4 providing for a penalty.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5063HV 80
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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 publication in a
1 7 newspaper of general circulation throughout the state in 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 712.1, Code 2003, is amended to read as
1 12 follows:
1 13 712.1 ARSON DEFINED.
1 14 1. Causing a fire or explosion, or placing any burning or
1 15 combustible material, or any incendiary or explosive device or
1 16 material, in or near any property with the intent to destroy
1 17 or damage such property, or with the knowledge that such
1 18 property will probably be destroyed or damaged, is arson,
1 19 whether or not any such property is actually destroyed or
1 20 damaged. Provided, that where a person who owns said property
1 21 which the defendant intends to destroy or damage, or which the
1 22 defendant knowingly endangers, consented to the defendant's
1 23 acts, and where no insurer has been exposed fraudulently to
1 24 any risk, and where the act was done in such a way as not to
1 25 unreasonably endanger the life or property of any other person
1 26 the act shall not be arson.
1 27 2. Causing a fire or explosion that damages or destroys
1 28 property while manufacturing or attempting to manufacture a
1 29 controlled substance in violation of section 124.401 is arson.
1 30 Even if a person who owns property which the defendant intends
1 31 to destroy or damage, or which the defendant knowingly
1 32 endangers, consents to the defendant's act, and even if an
1 33 insurer has not been exposed fraudulently to any risk, and
1 34 even if the act was done in such a way as not to unreasonably
1 35 endanger the life or property of any person, the act
2 1 constitutes arson.
2 2 Sec. 3. Section 712.2, Code 2003, is amended to read as
2 3 follows:
2 4 712.2 ARSON IN THE FIRST DEGREE.
2 5 Arson is arson in the first degree when the property which
2 6 the defendant intends to destroy or damage, or which the
2 7 defendant knowingly endangers, is property in which the
2 8 presence of one or more persons can be reasonably anticipated
2 9 in or near the property which is the subject of the arson, or
2 10 the arson results in the death of a fire fighter, whether paid
2 11 or volunteer.
2 12 Arson in the first degree is a class "B" felony.
2 13 Sec. 4. Section 712.3, Code 2003, is amended to read as
2 14 follows:
2 15 712.3 ARSON IN THE SECOND DEGREE.
2 16 Arson which is not arson in the first degree is arson in
2 17 the second degree when the property which the defendant
2 18 intends to destroy or damage, or which the defendant knowingly
2 19 endangers, which is the subject of the arson is a building or
2 20 a structure, or real property of any kind, or standing crops,
2 21 or is personal property the value of which exceeds five
2 22 hundred dollars. Arson in the second degree is a class "C"
2 23 felony.
2 24 Sec. 5. Section 712.6, Code 2003, is amended to read as
2 25 follows:
2 26 712.6 POSSESSION OF EXPLOSIVE OR INCENDIARY MATERIALS OR
2 27 DEVICES.
2 28 1. Any person who shall possess any incendiary or
2 29 explosive device or material with the intent to use such
2 30 device or material to commit any public offense shall be
2 31 guilty of a class "C" felony.
2 32 2. Any person, with the intent to intimidate, annoy, or
2 33 alarm another person, who places a simulated explosive or
2 34 simulated incendiary device in or near an occupied structure
2 35 as defined in section 702.12, is guilty of a serious
3 1 misdemeanor.
3 2 EXPLANATION
3 3 This bill relates to the promulgation of administrative
3 4 rules by the state fire marshal and to the criminal offenses
3 5 of arson and use of simulated explosives.
3 6 The bill provides that state fire marshal administrative
3 7 rules promulgated pursuant to Code chapter 101 may only be
3 8 promulgated after notice of any hearing related to these rules
3 9 is published in the Iowa administrative bulletin. Current law
3 10 requires the notice of the hearing to be published in a
3 11 newspaper of general circulation throughout the state prior to
3 12 the rules becoming effective.
3 13 The bill also amends the definition of the criminal offense
3 14 of arson. The bill provides that a person who manufactures or
3 15 attempts to manufacture a controlled substance in violation of
3 16 Code section 124.401, which then results in a fire or an
3 17 explosion that damages or destroys property, commits arson.
3 18 Code sections 712.2 and 712.3 are amended to conform with the
3 19 definitional change in Code section 712.1. Arson is
3 20 punishable as a class "B", class "C", or aggravated
3 21 misdemeanor depending on the facts of the case.
3 22 The bill creates a criminal offense related to the
3 23 placement of a simulated explosive or a simulated incendiary
3 24 device. The bill provides that a person, with the intent to
3 25 intimidate or annoy, who places a simulated explosive or
3 26 simulated incendiary device in or near an occupied structure,
3 27 as defined in Code section 702.12, commits a serious
3 28 misdemeanor.
3 29 LSB 5063HV 80
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