SSB 3101 (LSB 6140XC (3) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act excluding certain portable devices or weapons that direct an electric current from the definition of a dangerous weapon.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 702.7, Code 2018, is amended to read as follows:
   702.7  Dangerous weapon.
   A “dangerous weapon” is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include but are not limited to any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing generating a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill excludes certain portable devices or weapons that direct an electric current from the definition of a dangerous weapon.
   Currently, a dangerous weapon includes any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, regardless of whether such a device or weapon generates a projectile.
   The bill provides that a dangerous weapon includes any portable device or weapon generating a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.
   The exclusion of such a device from the definition of dangerous weapon affects numerous other Code sections and criminal offenses. The affected Code sections include the following: 80A.4 (private investigative agencies and security agents —— license requirements), 236.12 (domestic abuse —— notification of rights), 280.17A (uniform school requirements —— procedures for handling dangerous weapons), 280.17B (students suspended or expelled for possession of dangerous weapons), 708.1 (assault), 708.2 (penalties for assault), 708.2A (domestic abuse assault), 708.2C (assault in violation of individual rights), 708.3A (assaults on persons engaged in certain occupations), 708.6 (intimidation with a dangerous weapon), 708.8 (going armed with intent), 708.11 (stalking), 708.13 (disarming a peace officer), 708A.1 (terrorism), 709.3 (sexual abuse in the second degree), 710.3 (kidnapping in the second degree), 711.2 (robbery in the first degree), 713.3 (burglary in the first degree), 713.4 (attempted burglary in the first degree), 713.5 (burglary in the second degree), 713.6 (attempted burglary in the second degree), 719.1 (interference with official acts), 719.7 (possessing contraband), 723A.1 (criminal street gangs), 724.4 (carrying weapons), 724.4C (possession or carrying dangerous weapons while under the influence), and 902.7 (minimum sentence —— use of dangerous weapon).