House Study Bill 543 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the definition of dangerous weapons to 1 include simulated firearms. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5457YC (1) 87 jm/rh
H.F. _____ Section 1. Section 702.7, Code 2018, is amended to read as 1 follows: 2 702.7 Dangerous weapon. 3 A “dangerous weapon” is any instrument or device designed 4 primarily for use in inflicting death or injury upon a human 5 being or animal, and which is capable of inflicting death 6 upon a human being when used in the manner for which it was 7 designed, except a bow and arrow when possessed and used 8 for hunting or any other lawful purpose. Additionally, any 9 instrument or device of any sort whatsoever which is actually 10 used in such a manner as to indicate that the defendant intends 11 to inflict death or serious injury upon the other, and which, 12 when so used, is capable of inflicting death upon a human 13 being, is a dangerous weapon. Dangerous weapons include but 14 are not limited to any offensive weapon, pistol, revolver, or 15 other firearm, simulated firearm, dagger, razor, stiletto, 16 switchblade knife, knife having a blade exceeding five inches 17 in length, or any portable device or weapon directing an 18 electric current, impulse, wave, or beam that produces a 19 high-voltage pulse designed to immobilize a person. 20 Sec. 2. NEW SECTION . 702.26 Simulated firearm. 21 “Simulated firearm” means a device which is not a firearm, 22 but which is expressly represented to be a firearm, or a device 23 which is not a firearm but which is impliedly represented to be 24 a firearm and which by its appearance would lead a reasonable 25 person to believe it to be a firearm. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the definition of dangerous weapons and 30 simulated firearms. 31 The bill includes a “simulated firearm” within the 32 definition of “dangerous weapons”. 33 Under the bill, a simulated firearm means a device which 34 is not a firearm, but which is expressly represented to be 35 -1- LSB 5457YC (1) 87 jm/rh 1/ 2
H.F. _____ a firearm, or a device which is not a firearm but which is 1 impliedly represented to be a firearm and which by appearance 2 would lead a reasonable person to believe it to be a firearm. 3 The bill, by expanding the definition of dangerous weapons 4 in Code section 702.7 to include a simulated firearm, also 5 affects numerous other Code sections and criminal offenses. 6 The affected Code sections include the following: 80A.4 7 (private investigative agencies and security agents —— license 8 requirements), 236.12 (domestic abuse —— notification of 9 rights), 280.17A (uniform school requirements —— procedures for 10 handling dangerous weapons), 280.17B (students suspended or 11 expelled for possession of dangerous weapons), 708.1 (assault), 12 708.2 (penalties for assault), 708.2A (domestic abuse assault), 13 708.2C (assault in violation of individual rights), 708.3A 14 (assaults on persons engaged in certain occupations), 708.6 15 (intimidation with a dangerous weapon), 708.8 (going armed with 16 intent), 708.11 (stalking), 708.13 (disarming a peace officer), 17 708A.1 (terrorism), 709.3 (sexual abuse in the second degree), 18 710.3 (kidnapping in the second degree), 711.2 (robbery in the 19 first degree), 713.3 (burglary in the first degree), 713.4 20 (attempted burglary in the first degree), 713.5 (burglary in 21 the second degree), 713.6 (attempted burglary in the second 22 degree), 719.1 (interference with official acts), 719.7 23 (possessing contraband), 723A.1 (criminal street gangs), 724.4 24 (carrying weapons), 724.4C (possession or carrying dangerous 25 weapons while under the influence), and 902.7 (minimum sentence 26 —— use of dangerous weapon). 27 -2- LSB 5457YC (1) 87 jm/rh 2/ 2