Senate
Study
Bill
3101
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
excluding
certain
portable
devices
or
weapons
that
1
direct
an
electric
current
from
the
definition
of
a
2
dangerous
weapon.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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,
dagger,
razor,
stiletto,
switchblade
knife,
16
knife
having
a
blade
exceeding
five
inches
in
length,
or
any
17
portable
device
or
weapon
directing
generating
a
projectile
18
that
directs
an
electric
current,
impulse,
wave,
or
beam
that
19
produces
a
high-voltage
pulse
designed
to
immobilize
a
person.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
excludes
certain
portable
devices
or
weapons
that
24
direct
an
electric
current
from
the
definition
of
a
dangerous
25
weapon.
26
Currently,
a
dangerous
weapon
includes
any
portable
device
27
or
weapon
directing
an
electric
current,
impulse,
wave,
or
beam
28
that
produces
a
high-voltage
pulse
designed
to
immobilize
a
29
person,
regardless
of
whether
such
a
device
or
weapon
generates
30
a
projectile.
31
The
bill
provides
that
a
dangerous
weapon
includes
any
32
portable
device
or
weapon
generating
a
projectile
that
directs
33
an
electric
current,
impulse,
wave,
or
beam
that
produces
a
34
high-voltage
pulse
designed
to
immobilize
a
person.
35
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The
exclusion
of
such
a
device
from
the
definition
of
1
dangerous
weapon
affects
numerous
other
Code
sections
and
2
criminal
offenses.
The
affected
Code
sections
include
the
3
following:
80A.4
(private
investigative
agencies
and
security
4
agents
——
license
requirements),
236.12
(domestic
abuse
——
5
notification
of
rights),
280.17A
(uniform
school
requirements
6
——
procedures
for
handling
dangerous
weapons),
280.17B
7
(students
suspended
or
expelled
for
possession
of
dangerous
8
weapons),
708.1
(assault),
708.2
(penalties
for
assault),
9
708.2A
(domestic
abuse
assault),
708.2C
(assault
in
violation
10
of
individual
rights),
708.3A
(assaults
on
persons
engaged
in
11
certain
occupations),
708.6
(intimidation
with
a
dangerous
12
weapon),
708.8
(going
armed
with
intent),
708.11
(stalking),
13
708.13
(disarming
a
peace
officer),
708A.1
(terrorism),
709.3
14
(sexual
abuse
in
the
second
degree),
710.3
(kidnapping
in
the
15
second
degree),
711.2
(robbery
in
the
first
degree),
713.3
16
(burglary
in
the
first
degree),
713.4
(attempted
burglary
in
17
the
first
degree),
713.5
(burglary
in
the
second
degree),
713.6
18
(attempted
burglary
in
the
second
degree),
719.1
(interference
19
with
official
acts),
719.7
(possessing
contraband),
723A.1
20
(criminal
street
gangs),
724.4
(carrying
weapons),
724.4C
21
(possession
or
carrying
dangerous
weapons
while
under
the
22
influence),
and
902.7
(minimum
sentence
——
use
of
dangerous
23
weapon).
24
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