Senate File 120 - Introduced SENATE FILE 120 BY SCHNEIDER A BILL FOR An Act prohibiting a governing board of a public college or 1 university from adopting or enforcing any policy or rule 2 that prohibits a person from carrying, transporting, or 3 possessing a dangerous weapon producing a nonprojectile 4 high-voltage pulse designed to immobilize a person in the 5 buildings or on the grounds of such a college or university, 6 and including civil penalties. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1680XS (5) 88 mo/rh
S.F. 120 Section 1. NEW SECTION . 260C.14A Limitation on authority —— 1 nonprojectile high-voltage pulse weapons designed to immobilize. 2 The board of directors of a community college shall comply 3 with the requirements of section 724.8A regarding policies and 4 rules relating to the carrying, transportation, or possession 5 of a dangerous weapon that directs an electric current, 6 impulse, wave, or beam that produces a high-voltage pulse 7 designed to immobilize a person in the buildings or on the 8 grounds of the community college, as long as such a dangerous 9 weapon does not generate a projectile that directs an electric 10 current, impulse, wave, or beam that produces a high-voltage 11 pulse designed to immobilize a person, and such a dangerous 12 weapon is not used in the commission of a public offense. 13 Sec. 2. NEW SECTION . 262.9D Limitation on authority —— 14 nonprojectile high-voltage pulse weapons designed to immobilize. 15 The state board of regents shall comply with the 16 requirements of section 724.8A regarding policies and rules 17 relating to the carrying, transportation, or possession of a 18 dangerous weapon that directs an electric current, impulse, 19 wave, or beam that produces a high-voltage pulse designed to 20 immobilize a person in the buildings or on the grounds of a 21 university under the control of the state board of regents, as 22 long as such a dangerous weapon does not generate a projectile 23 that directs an electric current, impulse, wave, or beam that 24 produces a high-voltage pulse designed to immobilize a person, 25 and such a dangerous weapon is not used in the commission of a 26 public offense. 27 Sec. 3. Section 602.8105, Code 2019, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 5. The clerk of the district court shall 30 collect a civil penalty assessed under section 724.8A. Any 31 moneys collected from the civil penalty shall be deposited into 32 the general fund of the state. 33 Sec. 4. NEW SECTION . 724.8A Limitation on authority —— 34 nonprojectile high-voltage pulse weapons designed to immobilize 35 -1- LSB 1680XS (5) 88 mo/rh 1/ 3
S.F. 120 —— public universities and community colleges. 1 1. The governing board of a university under the control 2 of the state board of regents as provided in chapter 262, 3 or a community college under the jurisdiction of a board of 4 directors for a merged area as provided in chapter 260C shall 5 not adopt or enforce any policy or rule that prohibits the 6 carrying, transportation, or possession of a dangerous weapon 7 that directs an electric current, impulse, wave, or beam 8 that produces a high-voltage pulse designed to immobilize a 9 person in the buildings or on the grounds of such a college 10 or university, as long as such a dangerous weapon does not 11 generate a projectile that directs an electric current, 12 impulse, wave, or beam that produces a high-voltage pulse 13 designed to immobilize a person, and such a dangerous weapon is 14 not used in the commission of a public offense. 15 2. a. A governing board found to be in violation of 16 subsection 1 shall be assessed a civil penalty of between two 17 thousand five hundred dollars and five thousand dollars and 18 shall be ordered to pay the plaintiff’s reasonable attorney 19 fees and court costs. 20 b. The requirements of this section may be enforced by the 21 state or through a private cause of action. 22 c. The civil penalty shall be collected by the clerk of the 23 district court and shall be deposited as provided in section 24 602.8105, subsection 5. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, Code section 724.4(4)(l) allows a person 29 who is 18 years of age or older to go armed with a dangerous 30 weapon that directs an electric current, impulse, wave, or beam 31 that produces a high-voltage pulse designed to immobilize a 32 person, as long as such a dangerous weapon does not generate a 33 projectile that directs an electric current, impulse, wave, or 34 beam that produces a high-voltage pulse designed to immobilize 35 -2- LSB 1680XS (5) 88 mo/rh 2/ 3
S.F. 120 a person, and such a dangerous weapon is not used in the 1 commission of a public offense. 2 This bill provides that the governing board of a university 3 under the control of the state board of regents as provided in 4 Code chapter 262, or a community college under the jurisdiction 5 of a board of directors for a merged area as provided in Code 6 chapter 260C shall not adopt or enforce any policy or rule 7 that prohibits the carrying, transportation, or possession of 8 a dangerous weapon that directs an electric current, impulse, 9 wave, or beam that produces a high-voltage pulse designed to 10 immobilize a person in the buildings or on the grounds of 11 such a college or university, as long as such a dangerous 12 weapon does not generate a projectile that directs an electric 13 current, impulse, wave, or beam that produces a high-voltage 14 pulse designed to immobilize a person, and such a dangerous 15 weapon is not used in the commission of a public offense. 16 The bill provides that a governing board found to be in 17 violation of the bill shall be assessed a civil penalty 18 of between $2,500 and $5,000 and shall pay the plaintiff’s 19 reasonable attorney fees and court costs. The bill may be 20 enforced by the state or through a private cause of action. 21 The bill specifies that the civil penalty shall be deposited 22 into the general fund of the state. 23 -3- LSB 1680XS (5) 88 mo/rh 3/ 3