Senate
Study
Bill
3006
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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
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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
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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
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