Bill Text: IA HF2213 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to intimidation with a dangerous weapon, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-02 - Introduced, referred to Judiciary. H.J. 199. [HF2213 Detail]

Download: Iowa-2017-HF2213-Introduced.html

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House File 2213 - Introduced




                                 HOUSE FILE       
                                 BY  KRESSIG

                                      A BILL FOR

  1 An Act relating to intimidation with a dangerous weapon, and
  2    making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5775YH (4) 87
    jm/lh

PAG LIN



  1  1    Section 1.  Section 708.6, Code 2018, is amended to read as
  1  2 follows:
  1  3    708.6  Intimidation with a dangerous weapon.
  1  4    1.  A person commits a class "C" felony when the person,
  1  5 with the intent to injure or provoke fear or anger in another,
  1  6 shoots, throws, launches, or discharges a dangerous weapon at,
  1  7 into, or in a building, vehicle, airplane, railroad engine,
  1  8 railroad car, or boat, occupied by another person, or within an
  1  9 assembly of people, and thereby places the occupants or people
  1 10 in reasonable apprehension of serious injury whether actually
  1 11 occupied or not, or in the direction of another person, or
  1 12 threatens to commit such an act under circumstances raising a
  1 13 reasonable expectation that the threat will be carried out.
  1 14    2.  A person commits a class "D" felony when the person
  1 15 shoots, throws, launches, or discharges a dangerous weapon at,
  1 16 into, or in a building, vehicle, airplane, railroad engine,
  1 17 railroad car, or boat, occupied by another person, or within an
  1 18 assembly of people, and thereby places the occupants or people
  1 19 in reasonable apprehension of serious injury whether occupied
  1 20 or not, or in the direction of another person, or threatens to
  1 21 commit such an act under circumstances raising a reasonable
  1 22 expectation that the threat will be carried out.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill relates to intimidation with a dangerous weapon.
  1 27    The bill modifies the class "C" felony offense of
  1 28 intimidation with a dangerous weapon offense to provide that
  1 29 when a person, with the intent to injure or provoke fear or
  1 30 anger in another, shoots, throws, launches, or discharges a
  1 31 dangerous weapon at, into, or in a building, vehicle, airplane,
  1 32 railroad engine, railroad car, or boat, it no longer matters
  1 33 whether the building, vehicle, airplane, railroad engine,
  1 34 railroad car, or boat is actually occupied or not. The bill
  1 35 also provides that the offense is also committed when the
  2  1 weapon is discharged in the direction of another person.
  2  2 Currently, a person commits the offense if the vehicle or
  2  3 structure is occupied by another person, or the offense is
  2  4 committed within an assembly of people, and the occupants of
  2  5 the vehicle or structure or the assembly of people are placed
  2  6 in reasonable apprehension of serious injury, in addition to
  2  7 the other elements not stricken by the bill.
  2  8    The bill similarly modifies the class "D" felony offense
  2  9 of intimidation with a dangerous weapon offense to provide
  2 10 that when a person shoots, throws, launches, or discharges a
  2 11 dangerous weapon at, into, or in a building, vehicle, airplane,
  2 12 railroad engine, railroad car, or boat, it does not matter
  2 13 whether the building, vehicle, airplane, railroad engine,
  2 14 railroad car, or boat is occupied or not. The bill also
  2 15 modifies the class "D" felony offense to provide that the
  2 16 offense is also committed when the weapon is discharged in the
  2 17 direction of another person. Currently, a person commits the
  2 18 offense if the vehicle or structure is occupied by another
  2 19 person, or the offense is committed within an assembly of
  2 20 people, and the occupants of the vehicle or structure or the
  2 21 assembly of people are placed in reasonable apprehension of
  2 22 serious injury, in addition to the other elements not stricken
  2 23 by the bill.
  2 24    A class "C" felony is punishable by confinement for no more
  2 25 than 10 years and a fine of at least $1,000 but not more than
  2 26 $10,000.  A class "D" felony is punishable by confinement for
  2 27 no more than five years and a fine of at least $750 but not more
  2 28 than $7,500.
       LSB 5775YH (4) 87
       jm/lh