Bill Text: IA HSB79 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to explosive materials including blasting agents, detonators, and destructive devices, and providing penalties.(See HF 202.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-06 - Committee report approving bill, renumbered as HF 202. [HSB79 Detail]
Download: Iowa-2023-HSB79-Introduced.html
House
Study
Bill
79
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
relating
to
explosive
materials
including
blasting
1
agents,
detonators,
and
destructive
devices,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1234XD
(4)
90
as/rh
S.F.
_____
H.F.
_____
Section
1.
Section
101A.1,
subsections
1
and
4,
Code
2023,
1
are
amended
to
read
as
follows:
2
1.
“Blasting
agent”
means
any
material
or
mixture
consisting
3
of
a
fuel
and
oxidizer,
intended
for
blasting
but
not
otherwise
4
classified
as
an
explosive,
in
which
none
of
the
finished
5
products
as
mixed
and
packaged
for
use
or
shipment
can
be
6
detonated
by
means
of
a
number
eight
test
blasting
cap
when
7
unconfined.
“Blasting
agent”
includes
any
material
or
mixture
8
intended
for
blasting
that
meets
the
requirements
of
49
C.F.R.
9
pt.
173,
subpt.
C.
10
4.
“Explosive
materials”
means
explosives
,
or
blasting
11
agents
,
and
detonators
.
12
Sec.
2.
Section
101A.1,
Code
2023,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
2A.
“Destructive
device”
means
any
of
the
15
following:
16
a.
Any
explosive,
incendiary,
chemical
or
biological
poison,
17
or
poison
gas
which
is
any
of
the
following:
18
(1)
A
bomb.
19
(2)
A
grenade.
20
(3)
A
rocket
having
a
propellant
charge
of
more
than
four
21
ounces.
22
(4)
A
missile
having
an
explosive
or
incendiary
charge
of
23
more
than
one-quarter
ounce.
24
(5)
A
mine.
25
(6)
A
booby
trap.
26
(7)
A
Molotov
cocktail.
27
(8)
A
bottle
bomb.
28
(9)
A
vessel
or
container
intentionally
caused
to
rupture
or
29
mechanically
explode
by
expanding
pressure
from
any
gas,
acid,
30
dry
ice,
or
other
chemical
mixture.
31
(10)
Any
similar
device,
the
primary
or
common
purpose
of
32
which
is
to
explode
and
to
be
used
as
a
weapon
against
any
33
person
or
property.
34
b.
Any
combination
of
parts
designed
or
intended
to
be
35
-1-
LSB
1234XD
(4)
90
as/rh
1/
5
S.F.
_____
H.F.
_____
converted
into
a
destructive
device
as
defined
in
paragraph
“a”
.
1
c.
The
term
“destructive
device”
does
not
include
any
of
the
2
following:
3
(1)
A
device
that
is
neither
designed
nor
redesigned
for
use
4
as
a
weapon
to
be
used
against
person
or
property.
5
(2)
A
device,
originally
designed
for
use
as
a
weapon,
6
that
is
redesigned
for
use
as
a
signaling,
pyrotechnic,
7
line-throwing,
safety,
or
similar
device.
8
(3)
A
surplus
ordnance
sold,
loaned,
or
given
by
the
9
secretary
of
the
army
pursuant
to
10
U.S.C.
§4684(2),
4685,
or
10
4686.
11
(4)
Any
device
the
state
fire
marshal
determines
is
not
12
likely
to
be
used
as
a
weapon
or
that
is
an
antique.
13
(5)
Any
device
possessed
under
circumstances
negating
an
14
intent
that
the
device
be
used
as
a
weapon
against
any
person
15
or
property.
16
NEW
SUBSECTION
.
2B.
“Detonator”
means
any
device
containing
17
an
initiating
or
primary
explosive
that
is
used
for
initiating
18
detonation.
Excluding
ignition
or
delay
charges,
a
detonator
19
shall
not
contain
more
than
ten
grams
of
explosive
material
20
per
unit.
“Detonator”
includes
an
electric
detonator
of
21
instantaneous
or
delay
type,
a
detonator
for
use
with
safety
22
fuses,
a
detonating
cord
delay
connector,
and
a
nonelectric
23
detonator
or
instantaneous
or
delay
type
which
consists
of
24
a
detonating
cord,
shock
tube,
or
any
other
replacement
for
25
electric
leg
wires.
26
Sec.
3.
Section
712.5,
Code
2023,
is
amended
by
striking
the
27
section
and
inserting
in
lieu
thereof
the
following:
28
712.5
Reckless
use
of
fire,
explosives,
or
destructive
29
devices.
30
Any
person
who
uses
fire,
explosives,
or
destructive
31
devices,
as
defined
in
section
101A.1,
to
recklessly
endanger
32
the
property
or
safety
of
another
shall
be
guilty
of
a
serious
33
misdemeanor.
34
Sec.
4.
Section
712.6,
Code
2023,
is
amended
to
read
as
35
-2-
LSB
1234XD
(4)
90
as/rh
2/
5
S.F.
_____
H.F.
_____
follows:
1
712.6
Explosive
materials
or
incendiary
materials
or
2
destructive
devices.
3
1.
A
person
who
possesses
any
incendiary
or
explosive
device
4
or
material
or
destructive
device
as
defined
in
section
101A.1
5
with
the
intent
to
use
such
device
or
material
to
commit
a
6
public
offense
shall
be
guilty
of
a
class
“C”
felony.
7
2.
a.
A
person
who
possesses
any
incendiary
or
explosive
8
device
or
material
or
destructive
device
shall
be
guilty
of
an
9
aggravated
misdemeanor.
10
b.
This
subsection
does
not
apply
to
a
person
holding
a
11
valid
commercial
license
or
user’s
permit
issued
pursuant
to
12
chapter
101A
,
provided
that
the
person
is
acting
within
the
13
scope
of
authority
granted
by
the
license
or
permit.
14
3.
A
person
who,
with
the
intent
to
intimidate,
annoy,
or
15
alarm
another
person,
places
a
simulated
explosive
or
simulated
16
incendiary
destructive
device
in
or
near
an
occupied
structure
17
as
defined
in
section
702.12
a
place
that
the
person
knows,
18
intends,
or
reasonably
believes
is
likely
to
cause
public
alarm
19
or
inconvenience
,
is
guilty
of
a
serious
misdemeanor.
20
4.
A
person
who
uses
any
explosive
material
or
destructive
21
device
to
commit
any
public
offense
or
who
possesses
any
22
explosive
material
or
destructive
device
during
the
commission
23
of
a
felony
shall
be
guilty
of
a
class
“C”
felony.
24
Sec.
5.
Section
724.1,
subsection
1,
paragraph
c,
Code
2023,
25
is
amended
to
read
as
follows:
26
c.
A
bomb,
grenade,
or
mine,
whether
explosive,
incendiary,
27
or
poison
gas;
any
rocket
having
a
propellant
charge
of
more
28
than
four
ounces;
any
missile
having
an
explosive
charge
of
29
more
than
one-quarter
ounce;
or
any
device
similar
to
any
of
30
these
A
destructive
device
as
defined
in
section
101A.1
.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
explosive
materials
including
blasting
35
-3-
LSB
1234XD
(4)
90
as/rh
3/
5
S.F.
_____
H.F.
_____
agents,
detonators,
and
destructive
devices.
1
For
purposes
of
Code
chapter
101A
(explosive
materials),
2
the
bill
makes
changes
to
definitions.
The
bill
amends
the
3
definition
of
“blasting
agent”
to
include
any
material
or
4
mixture
intended
for
blasting
that
meet
the
requirements
of
5
49
C.F.R.
pt.
173,
subpt.
C
(federal
regulations
relating
to
6
the
transportation
of
hazardous
materials).
The
definition
of
7
“explosive
materials”
is
amended
to
include
detonators.
8
The
bill
defines
“detonator”
as
any
device
containing
an
9
initiating
or
primary
explosive
that
is
used
for
initiating
10
detonation,
and
includes
an
electric
detonator
of
instantaneous
11
or
delay
type,
a
detonator
for
use
with
safety
fuses,
a
12
detonating
cord
delay
connector,
and
a
nonelectric
detonator
13
or
instantaneous
or
delay
type
which
consists
of
a
detonating
14
cord,
shock
tube,
or
any
other
replacement
for
electric
leg
15
wires.
16
The
bill
defines
a
“destructive
device”
as
any
explosive,
17
incendiary,
chemical
or
biological
poison,
or
poison
gas
which
18
is
any
of
the
following:
a
bomb,
a
grenade,
a
rocket
having
a
19
propellant
charge
of
more
than
four
ounces,
a
missile
having
20
an
explosive
or
incendiary
charge
of
more
than
one-quarter
21
ounce,
a
mine,
a
booby
trap,
a
Molotov
cocktail,
a
bottle
22
bomb,
a
vessel
or
container
intentionally
caused
to
rupture
23
or
mechanically
explode,
and
any
similar
device,
the
primary
24
or
common
purpose
of
which
is
to
explode
and
to
be
used
as
a
25
weapon
against
any
person
or
property.
The
bill
provides
that
26
a
“destructive
device”
does
not
include:
a
device
that
is
27
neither
designed
nor
redesigned
for
use
as
a
weapon
to
be
used
28
against
person
or
property;
a
device,
originally
designed
for
29
use
as
a
weapon,
that
is
redesigned
for
use
as
a
signaling,
30
pyrotechnic,
line-throwing,
safety,
or
similar
device;
a
31
surplus
ordnance
sold,
loaned,
or
given
by
the
secretary
of
32
the
army;
any
device
that
the
state
fire
marshal
finds
is
not
33
likely
to
be
used
as
a
weapon
or
that
is
an
antique;
or
any
34
device
possessed
under
circumstances
negating
an
intent
that
35
-4-
LSB
1234XD
(4)
90
as/rh
4/
5
S.F.
_____
H.F.
_____
the
device
be
used
as
a
weapon
against
any
person
or
property.
1
The
bill
provides
that
any
person
who
uses
fire,
explosives,
2
or
destructive
devices
as
defined
in
the
bill
to
recklessly
3
endanger
the
property
or
safety
of
another
is
guilty
of
a
4
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
by
5
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
6
$430
but
not
more
than
$2,560.
7
The
bill
provides
that
a
person
who
uses
an
explosive
8
material
or
destructive
device
as
defined
in
the
bill
to
commit
9
any
public
offense
or
who
possesses
an
explosive
material
or
10
destructive
device
during
the
commission
of
a
felony
is
guilty
11
of
a
class
“C”
felony.
A
class
“C”
felony
is
punishable
by
12
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
13
$1,370
but
not
more
than
$13,660.
14
The
bill
amends
the
definition
of
“offensive
weapon”
to
15
include
the
definition
of
a
destructive
device
as
defined
in
16
Code
section
101A.1.
Any
unauthorized
person
who
knowingly
17
possesses
an
offensive
weapon
commits
a
class
“D”
felony.
A
18
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
19
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
20
$10,245.
21
-5-
LSB
1234XD
(4)
90
as/rh
5/
5
