SSB 1082 (LSB 1234XD (4) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to explosive materials including blasting agents, detonators, and destructive devices, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 101A.1, subsections 1 and 4, Code 2023, are amended to read as follows:
   1.  “Blasting agent” means any material or mixture consisting of a fuel and oxidizer, intended for blasting but not otherwise classified as an explosive, in which none of the finished products as mixed and packaged for use or shipment can be detonated by means of a number eight test blasting cap when unconfined.  “Blasting agent” includes any material or mixture intended for blasting that meets the requirements of 49 C.F.R. pt. 173, subpt. C.
   4.  “Explosive materials” means explosives, or blasting agents, and detonators.
    Sec. 2.  Section 101A.1, Code 2023, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  “Destructive device” means any of the following:
   a.  Any explosive, incendiary, chemical or biological poison, or poison gas which is any of the following:
   (1)  A bomb.
   (2)  A grenade.
   (3)  A rocket having a propellant charge of more than four ounces.
   (4)  A missile having an explosive or incendiary charge of more than one-quarter ounce.
   (5)  A mine.
   (6)  A booby trap.
   (7)  A Molotov cocktail.
   (8)  A bottle bomb.
   (9)  A vessel or container intentionally caused to rupture or mechanically explode by expanding pressure from any gas, acid, dry ice, or other chemical mixture.
   (10)  Any similar device, the primary or common purpose of which is to explode and to be used as a weapon against any person or property.
   b.  Any combination of parts designed or intended to be converted into a destructive device as defined in paragraph “a”.
   c.  The term “destructive device” does not include any of the following:
   (1)  A device that is neither designed nor redesigned for use as a weapon to be used against person or property.
   (2)  A device, originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or similar device.
   (3)  A surplus ordnance sold, loaned, or given by the secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or 4686.
   (4)  Any device the state fire marshal determines is not likely to be used as a weapon or that is an antique.
   (5)  Any device possessed under circumstances negating an intent that the device be used as a weapon against any person or property.
   NEW SUBSECTION.  2B.  “Detonator” means any device containing an initiating or primary explosive that is used for initiating detonation. Excluding ignition or delay charges, a detonator shall not contain more than ten grams of explosive material per unit. “Detonator” includes an electric detonator of instantaneous or delay type, a detonator for use with safety fuses, a detonating cord delay connector, and a nonelectric detonator or instantaneous or delay type which consists of a detonating cord, shock tube, or any other replacement for electric leg wires.
    Sec. 3.  Section 712.5, Code 2023, is amended by striking the section and inserting in lieu thereof the following:
   712.5  Reckless use of fire, explosives, or destructive devices.
   Any person who uses fire, explosives, or destructive devices, as defined in section 101A.1, to recklessly endanger the property or safety of another shall be guilty of a serious misdemeanor.
    Sec. 4.  Section 712.6, Code 2023, is amended to read as follows:
   712.6  Explosive materials or incendiary materials or destructive devices.
   1.  A person who possesses any incendiary or explosive device or material or destructive device as defined in section 101A.1 with the intent to use such device or material to commit a public offense shall be guilty of a class “C” felony.
   2.  a.  A person who possesses any incendiary or explosive device or material or destructive device shall be guilty of an aggravated misdemeanor.
   b.  This subsection does not apply to a person holding a valid commercial license or user’s permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit.
   3.  A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated incendiary destructive device in or near an occupied structure as defined in section 702.12 a place that the person knows, intends, or reasonably believes is likely to cause public alarm or inconvenience, is guilty of a serious misdemeanor.
   4.  A person who uses any explosive material or destructive device to commit any public offense or who possesses any explosive material or destructive device during the commission of a felony shall be guilty of a class “C” felony.
    Sec. 5.  Section 724.1, subsection 1, paragraph c, Code 2023, is amended to read as follows:
   c.  A bomb, grenade, or mine, whether explosive, incendiary, or poison gas; any rocket having a propellant charge of more than four ounces; any missile having an explosive charge of more than one-quarter ounce; or any device similar to any of these A destructive device as defined in section 101A.1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to explosive materials including blasting agents, detonators, and destructive devices.
   For purposes of Code chapter 101A (explosive materials), the bill makes changes to definitions. The bill amends the definition of “blasting agent” to include any material or mixture intended for blasting that meet the requirements of 49 C.F.R. pt. 173, subpt. C (federal regulations relating to the transportation of hazardous materials). The definition of “explosive materials” is amended to include detonators.
   The bill defines “detonator” as any device containing an initiating or primary explosive that is used for initiating detonation, and includes an electric detonator of instantaneous or delay type, a detonator for use with safety fuses, a detonating cord delay connector, and a nonelectric detonator or instantaneous or delay type which consists of a detonating cord, shock tube, or any other replacement for electric leg wires.
   The bill defines a “destructive device” as any explosive, incendiary, chemical or biological poison, or poison gas which is any of the following: a bomb, a grenade, a rocket having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, a booby trap, a Molotov cocktail, a bottle bomb, a vessel or container intentionally caused to rupture or mechanically explode, and any similar device, the primary or common purpose of which is to explode and to be used as a weapon against any person or property. The bill provides that a “destructive device” does not include: a device that is neither designed nor redesigned for use as a weapon to be used against person or property; a device, originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; a surplus ordnance sold, loaned, or given by the secretary of the army; any device that the state fire marshal finds is not likely to be used as a weapon or that is an antique; or any device possessed under circumstances negating an intent that the device be used as a weapon against any person or property.
   The bill provides that any person who uses fire, explosives, or destructive devices as defined in the bill to recklessly endanger the property or safety of another is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   The bill provides that a person who uses an explosive material or destructive device as defined in the bill to commit any public offense or who possesses an explosive material or destructive device during the commission of a felony is guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
   The bill amends the definition of “offensive weapon” to include the definition of a destructive device as defined in Code section 101A.1. Any unauthorized person who knowingly possesses an offensive weapon commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.