House File 2266 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HSB 607)

    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the regulation of explosives, and the
  2    possession of an incendiary or explosive device or material,
  3    and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5379HV 82
  6 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 101A.1, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  "Explosive" or "explosives" means any chemical
  1  4 compound, mixture or device, the primary or common purpose of
  1  5 which is to function by explosion, i.e., with substantially
  1  6 instantaneous release of gas and heat, unless such compound,
  1  7 mixture, or device is otherwise specifically classified by the
  1  8 United States department of transportation.  The term
  1  9 "explosives" "explosive" includes all material materials which
  1 10 is are classified as a class A, class B, and class C
  1 11 explosives 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the
  1 12 United States department of transportation, under 49 C.F.R. }
  1 13 173.50, and all materials classified as explosive materials
  1 14 under 18 U.S.C. } 841, and includes, but is not limited to,
  1 15 dynamite, black powder, pellet powders, initiating explosives,
  1 16 blasting caps, electric blasting caps, safety fuse, fuse
  1 17 lighters, fuse igniters, squibs, cordeau detonative fuse,
  1 18 instantaneous fuse, igniter cord, igniters, smokeless
  1 19 propellant, cartridges for propellant=actuated power devices,
  1 20 and cartridges for industrial guns, and overpressure devices,
  1 21 but shall does not include "fireworks" as defined in section
  1 22 727.2 nor or ammunition or small arms primers manufactured for
  1 23 use in shotguns, rifles, and pistols.  Commercial explosives
  1 24 are those explosives which are intended to be used in
  1 25 commercial or industrial operations.
  1 26    Sec. 2.  Section 101A.1, Code 2007, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  7A.  "Overpressure device" means any
  1 29 device constructed of a container or improvised container
  1 30 which is filled with a mixture of chemicals or sublimating
  1 31 materials or gases that generate an expanding gas, which is
  1 32 designed or constructed to cause the container to break,
  1 33 fracture, or rupture in a violent manner capable of causing
  1 34 death, serious injury, or property damage.
  1 35    Sec. 3.  Section 712.6, Code 2007, is amended to read as
  2  1 follows:
  2  2    712.6  EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES.
  2  3    1.  Any A person who shall possess possesses any incendiary
  2  4 or explosive device or material with the intent to use such
  2  5 device or material to commit any a public offense shall be
  2  6 guilty of a class "C" felony.
  2  7    2.  a.  A person who possesses any incendiary or explosive
  2  8 device or material shall be guilty of an aggravated
  2  9 misdemeanor.
  2 10    b.  This subsection does not apply to a person holding a
  2 11 valid commercial license or user's permit issued pursuant to
  2 12 chapter 101A, provided that the person is acting within the
  2 13 scope of authority granted by the license or permit.
  2 14    2. 3.  Any A person who, with the intent to intimidate,
  2 15 annoy, or alarm another person, who places a simulated
  2 16 explosive or simulated incendiary device in or near an
  2 17 occupied structure as defined in section 702.12, is guilty of
  2 18 a serious misdemeanor.
  2 19                           EXPLANATION
  2 20    This bill relates to regulation of explosives and the
  2 21 possession of an incendiary or explosive device or material.
  2 22    The bill modifies the definition of "explosive" to include
  2 23 materials which are classified as a class 1, division 1.1,
  2 24 1.2, 1.3, or 1.4 explosive by the United States department of
  2 25 transportation, under 49 C.F.R. } 173.50, and all materials
  2 26 classified as explosives under 18 U.S.C } 841.  The bill
  2 27 strikes references to materials classified as class A, B, and
  2 28 C explosives.
  2 29    Under federal law explosives are divided into six divisions
  2 30 with divisions 1.1 through 1.4 being the most dangerous
  2 31 explosive materials.
  2 32    The bill also adds an "overpressure device" to the
  2 33 definition of "explosive" in Code section 101A.1.  An
  2 34 "overpressure device" means any device constructed of a
  2 35 container or improvised container, which is filled with a
  3  1 mixture of chemicals or sublimating materials or gases that
  3  2 generate an expanding gas, which is designed or constructed to
  3  3 cause the container to break, fracture, or rupture in a
  3  4 violent manner capable of causing death, serious injury, or
  3  5 property damage.
  3  6    The changes to the definition of "explosive" affect the
  3  7 fire marshal's regulation of explosives under Code chapter
  3  8 101A.
  3  9    The bill also makes it an aggravated misdemeanor to possess
  3 10 any incendiary or explosive device or material unless the
  3 11 person possesses a valid license or user's permit pursuant to
  3 12 Code chapter 101A and the person is acting within the scope of
  3 13 authority granted by the license or permit.  An aggravated
  3 14 misdemeanor is punishable by confinement for no more than two
  3 15 years and a fine of at least $625 but not more than $6,250.
  3 16    Under current law a person commits a class "C" felony if
  3 17 the person possesses an incendiary or explosive device or
  3 18 material with the intent to use such device or material to
  3 19 commit a public offense.  In addition, under current law a
  3 20 person commits a serious misdemeanor if a person, with the
  3 21 intent to intimidate or annoy another person, places a
  3 22 simulated explosive or simulated incendiary explosive device
  3 23 in or near an occupied structure.
  3 24 LSB 5379HV 82
  3 25 jm/nh/8