Bill Text: IA SF2360 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of a simulated firearm or simulated explosive when committing certain criminal offenses, and providing penalties.(Formerly SF 2173.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-08 - Fiscal note. [SF2360 Detail]
Download: Iowa-2021-SF2360-Introduced.html
Senate
File
2360
-
Introduced
SENATE
FILE
2360
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2173)
A
BILL
FOR
An
Act
relating
to
the
use
of
a
simulated
firearm
or
simulated
1
explosive
when
committing
certain
criminal
offenses,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
702.26
Simulated
firearm
or
1
simulated
explosive.
2
A
simulated
firearm
or
simulated
explosive
is
a
device
3
or
explosive
that
appears
to
be
a
firearm
or
explosive
when
4
displayed
or
when
represented
to
be
a
firearm
or
explosive.
5
Sec.
2.
Section
708.1,
subsection
2,
paragraph
c,
Code
2022,
6
is
amended
to
read
as
follows:
7
c.
Intentionally
points
any
firearm
toward
another,
or
8
displays
in
a
threatening
manner
any
dangerous
weapon
or
9
simulated
firearm
toward
another.
10
Sec.
3.
Section
708.2,
subsection
3,
Code
2022,
is
amended
11
to
read
as
follows:
12
3.
A
person
who
commits
an
assault,
as
defined
in
section
13
708.1
,
and
uses
or
displays
a
dangerous
weapon
or
simulated
14
firearm
in
connection
with
the
assault,
is
guilty
of
an
15
aggravated
misdemeanor.
This
subsection
does
not
apply
if
16
section
708.6
or
708.8
applies.
17
Sec.
4.
Section
708.2A,
subsection
2,
paragraph
c,
Code
18
2022,
is
amended
to
read
as
follows:
19
c.
An
aggravated
misdemeanor,
if
the
domestic
abuse
assault
20
is
committed
with
the
intent
to
inflict
a
serious
injury
upon
21
another,
or
if
the
person
uses
or
displays
a
dangerous
weapon
22
or
simulated
firearm
in
connection
with
the
assault.
This
23
paragraph
does
not
apply
if
section
708.6
or
708.8
applies.
24
Sec.
5.
Section
708.2C,
subsection
4,
Code
2022,
is
amended
25
to
read
as
follows:
26
4.
A
person
who
commits
an
assault
in
violation
of
27
individual
rights
and
uses
or
displays
a
dangerous
weapon
or
28
simulated
firearm
in
connection
with
the
assault,
is
guilty
of
29
a
class
“D”
felony.
30
Sec.
6.
Section
708.3A,
subsection
2,
Code
2022,
is
amended
31
to
read
as
follows:
32
2.
A
person
who
commits
an
assault,
as
defined
in
section
33
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
34
member
or
employee
of
the
board
of
parole,
health
care
35
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provider,
employee
of
the
department
of
human
services,
1
employee
of
the
department
of
revenue,
civilian
employee
of
a
2
law
enforcement
agency,
civilian
employee
of
a
fire
department,
3
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
that
4
the
person
against
whom
the
assault
is
committed
is
a
peace
5
officer,
jailer,
correctional
staff,
member
or
employee
of
6
the
board
of
parole,
health
care
provider,
employee
of
the
7
department
of
human
services,
employee
of
the
department
8
of
revenue,
civilian
employee
of
a
law
enforcement
agency,
9
civilian
employee
of
a
fire
department,
or
fire
fighter
and
who
10
uses
or
displays
a
dangerous
weapon
or
simulated
firearm
in
11
connection
with
the
assault,
is
guilty
of
a
class
“D”
felony.
12
Sec.
7.
Section
708.6,
Code
2022,
is
amended
to
read
as
13
follows:
14
708.6
Intimidation
with
a
dangerous
weapon
or
simulated
15
firearm
or
simulated
explosive
.
16
1.
A
person
commits
a
class
“C”
felony
when
the
person,
17
with
the
intent
to
injure
or
provoke
fear
or
anger
in
another,
18
shoots,
throws,
launches,
or
discharges
a
dangerous
weapon
19
or
displays
or
represents
a
simulated
firearm
or
simulated
20
explosive
to
be
a
firearm
or
explosive
capable
of
being
shot,
21
thrown,
launched,
or
discharged
at,
into,
or
in
a
building,
22
vehicle,
airplane,
railroad
engine,
railroad
car,
or
boat,
23
occupied
by
another
person,
or
within
an
assembly
of
people,
24
and
thereby
places
the
occupants
or
people
in
reasonable
25
apprehension
of
serious
injury
or
threatens
to
commit
such
an
26
act
under
circumstances
raising
a
reasonable
expectation
that
27
the
threat
will
be
carried
out.
28
2.
A
person
commits
a
class
“D”
felony
when
the
person
29
shoots,
throws,
launches,
or
discharges
a
dangerous
weapon
30
or
displays
or
represents
a
simulated
firearm
or
simulated
31
explosive
to
be
a
firearm
or
explosive
capable
of
being
shot,
32
thrown,
launched,
or
discharged
at,
into,
or
in
a
building,
33
vehicle,
airplane,
railroad
engine,
railroad
car,
or
boat,
34
occupied
by
another
person,
or
within
an
assembly
of
people,
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and
thereby
places
the
occupants
or
people
in
reasonable
1
apprehension
of
serious
injury
or
threatens
to
commit
such
an
2
act
under
circumstances
raising
a
reasonable
expectation
that
3
the
threat
will
be
carried
out.
4
Sec.
8.
Section
708.11,
subsection
3,
paragraph
b,
5
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
6
(2)
The
person
commits
stalking
while
in
possession
of
a
7
dangerous
weapon,
as
defined
in
section
702.7
,
or
a
simulated
8
firearm,
as
defined
in
section
702.26
.
9
Sec.
9.
Section
709.3,
subsection
1,
paragraph
a,
Code
2022,
10
is
amended
to
read
as
follows:
11
a.
During
the
commission
of
sexual
abuse
the
person
12
displays
in
a
threatening
manner
a
dangerous
weapon
or
13
simulated
firearm
,
or
uses
or
threatens
to
use
force
creating
a
14
substantial
risk
of
death
or
serious
injury
to
any
person.
15
Sec.
10.
Section
710.3,
subsection
1,
Code
2022,
is
amended
16
to
read
as
follows:
17
1.
Kidnapping
where
the
purpose
is
to
hold
the
victim
for
18
ransom,
where
the
kidnapper
is
armed
with
a
dangerous
weapon
or
19
simulated
firearm
,
or
where
the
victim
is
under
eighteen
years
20
of
age
other
than
a
kidnapping
by
a
parent
or
legal
guardian
21
whose
sole
purpose
of
the
kidnapping
is
to
assume
custody
of
a
22
victim
under
eighteen
years
of
age,
is
kidnapping
in
the
second
23
degree.
24
Sec.
11.
Section
711.2,
Code
2022,
is
amended
to
read
as
25
follows:
26
711.2
Robbery
in
the
first
degree.
27
A
person
commits
robbery
in
the
first
degree
when,
while
28
perpetrating
a
robbery,
the
person
purposely
inflicts
or
29
attempts
to
inflict
serious
injury,
or
is
armed
with
a
30
dangerous
weapon
or
simulated
firearm
.
Robbery
in
the
first
31
degree
is
a
class
“B”
felony.
32
Sec.
12.
Section
713.3,
subsection
1,
paragraphs
a
and
b,
33
Code
2022,
are
amended
to
read
as
follows:
34
a.
The
person
has
possession
of
an
explosive
or
incendiary
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device
or
material
or
simulated
explosive
.
1
b.
The
person
has
possession
of
a
dangerous
weapon
or
2
simulated
firearm
.
3
Sec.
13.
Section
713.4,
subsection
1,
Code
2022,
is
amended
4
to
read
as
follows:
5
1.
A
person
commits
attempted
burglary
in
the
first
degree
6
if,
while
perpetrating
an
attempted
burglary
in
or
upon
an
7
occupied
structure
in
which
one
or
more
persons
are
present,
8
the
person
has
possession
of
an
explosive
or
incendiary
device
9
or
material
or
simulated
explosive
,
or
a
dangerous
weapon
or
10
simulated
firearm
,
or
intentionally
or
recklessly
inflicts
11
bodily
injury
on
any
person.
12
Sec.
14.
Section
713.5,
subsection
1,
paragraphs
a
and
b,
13
Code
2022,
are
amended
to
read
as
follows:
14
a.
While
perpetrating
a
burglary
in
or
upon
an
occupied
15
structure
in
which
no
persons
are
present,
the
person
has
16
possession
of
an
explosive
or
incendiary
device
or
material
17
or
simulated
explosive
,
or
a
dangerous
weapon
or
simulated
18
firearm
,
or
a
bodily
injury
results
to
any
person.
19
b.
While
perpetrating
a
burglary
in
or
upon
an
occupied
20
structure
in
which
one
or
more
persons
are
present,
the
person
21
does
not
have
possession
of
an
explosive
or
incendiary
device
22
or
material
or
simulated
explosive
,
nor
a
dangerous
weapon
23
or
simulated
firearm
,
and
no
bodily
injury
is
caused
to
any
24
person.
25
Sec.
15.
Section
713.6,
subsection
1,
paragraphs
a
and
b,
26
Code
2022,
are
amended
to
read
as
follows:
27
a.
While
perpetrating
an
attempted
burglary
in
or
upon
an
28
occupied
structure
in
which
no
persons
are
present,
the
person
29
has
possession
of
an
explosive
or
incendiary
device
or
material
30
or
simulated
explosive
,
or
a
dangerous
weapon
or
simulated
31
firearm
,
or
a
bodily
injury
results
to
any
person.
32
b.
While
perpetrating
an
attempted
burglary
in
or
upon
an
33
occupied
structure
in
which
one
or
more
persons
are
present,
34
the
person
does
not
have
possession
of
an
explosive
or
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incendiary
device
or
material
or
simulated
explosive
,
nor
a
1
dangerous
weapon
or
simulated
firearm
,
and
no
bodily
injury
is
2
caused
to
any
person.
3
Sec.
16.
Section
719.1,
subsection
1,
paragraph
f,
Code
4
2022,
is
amended
to
read
as
follows:
5
f.
If
a
person
commits
interference
with
official
acts,
6
as
defined
in
this
subsection
,
and
in
so
doing
inflicts
or
7
attempts
to
inflict
serious
injury,
or
displays
a
dangerous
8
weapon,
as
defined
in
section
702.7
,
or
a
simulated
firearm
or
9
simulated
explosive,
as
defined
in
section
702.26,
or
is
armed
10
with
a
firearm,
that
person
commits
a
class
“D”
felony.
11
Sec.
17.
Section
719.1,
subsection
2,
paragraphs
f
and
g,
12
Code
2022,
are
amended
to
read
as
follows:
13
f.
If
a
person
violates
this
subsection
and
in
so
doing
14
inflicts
or
attempts
to
inflict
bodily
injury
other
than
15
serious
injury
to
another,
displays
a
dangerous
weapon,
as
16
defined
in
section
702.7
,
or
a
simulated
firearm
or
simulated
17
explosive,
as
defined
in
section
702.26,
or
is
armed
with
a
18
firearm,
the
person
commits
a
class
“D”
felony.
19
g.
If
a
person
violates
this
subsection
and
uses
or
attempts
20
to
use
a
dangerous
weapon,
as
defined
in
section
702.7
,
or
a
21
simulated
firearm
or
simulated
explosive,
as
defined
in
section
22
702.26,
or
inflicts
serious
injury
to
another,
the
person
23
commits
a
class
“C”
felony.
24
Sec.
18.
Section
723A.1,
subsection
1,
paragraph
c,
Code
25
2022,
is
amended
to
read
as
follows:
26
c.
An
offense
constituting
a
violation
of
section
708.6
27
involving
intimidation
with
a
dangerous
weapon
or
simulated
28
firearm
or
simulated
explosive
.
29
Sec.
19.
Section
724.4,
Code
2022,
is
amended
to
read
as
30
follows:
31
724.4
Use
of
a
dangerous
weapon
in
the
commission
of
a
crime.
32
A
person
who
goes
armed
with
a
dangerous
weapon
or
simulated
33
firearm
or
simulated
explosive
on
or
about
the
person,
and
who
34
uses
the
dangerous
weapon
or
simulated
firearm
or
simulated
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explosive
in
the
commission
of
a
crime,
commits
an
aggravated
1
misdemeanor,
except
as
provided
in
section
708.8
.
2
Sec.
20.
Section
902.7,
Code
2022,
is
amended
to
read
as
3
follows:
4
902.7
Minimum
sentence
——
use
of
a
dangerous
weapon.
5
At
the
trial
of
a
person
charged
with
participating
in
a
6
forcible
felony,
if
the
trier
of
fact
finds
beyond
a
reasonable
7
doubt
that
the
person
is
guilty
of
a
forcible
felony
and
that
8
the
person
represented
that
the
person
was
in
the
immediate
9
possession
and
control
of
a
dangerous
weapon
or
simulated
10
firearm
or
simulated
explosive
,
displayed
a
dangerous
weapon
11
or
simulated
firearm
or
simulated
explosive
in
a
threatening
12
manner,
or
was
armed
with
a
dangerous
weapon
or
simulated
13
firearm
or
simulated
explosive
while
participating
in
the
14
forcible
felony
the
convicted
person
shall
serve
a
minimum
of
15
five
years
of
the
sentence
imposed
by
law.
A
person
sentenced
16
pursuant
to
this
section
shall
not
be
eligible
for
parole
until
17
the
person
has
served
the
minimum
sentence
of
confinement
18
imposed
by
this
section
.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
use
of
a
simulated
firearm
or
23
simulated
explosive
when
committing
certain
criminal
offenses,
24
and
provides
penalties.
25
The
bill
defines
the
terms
“simulated
firearm”
and
26
“simulated
explosive”
for
purposes
of
Code
chapter
702
27
(criminal
Code
definitions)
to
mean
a
device
or
explosive
that
28
appears
to
be
a
firearm
or
explosive
when
displayed
or
when
29
represented
to
be
a
firearm
or
explosive.
30
The
bill
adds
the
term
“simulated
firearm”
to
Code
sections
31
708.1
(assault
defined),
708.2
(penalties
for
assault),
708.2A
32
(domestic
abuse
assault),
708.2C
(assault
in
violation
of
33
individual
rights),
708.3A
(assaults
on
person
engaged
in
34
certain
occupations),
708.11
(stalking),
709.3
(sexual
abuse
in
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the
second
degree),
710.3
(kidnapping),
and
711.2
(robbery
in
1
the
first
degree).
2
The
bill
adds
the
term
“simulated
explosive”
to
Code
section
3
713.3
(burglary
in
the
first
degree).
4
The
bill
adds
the
terms
“simulated
explosive”
or
“simulated
5
firearm”
to
Code
sections
708.6
(intimidation
with
a
dangerous
6
weapon),
713.4
(attempted
burglary
in
the
first
degree),
713.5
7
(burglary
in
the
second
degree),
713.6
(attempted
burglary
in
8
the
second
degree),
719.1
(interference
with
official
acts),
9
723A.1
(criminal
street
gangs
——
criminal
acts),
724.4
(use
of
10
a
dangerous
weapon
in
the
commission
of
a
crime),
and
902.7
11
(minimum
sentence
for
use
of
a
dangerous
weapon).
12
The
penalties
for
the
offenses
listed
in
the
bill
range
from
13
an
aggravated
misdemeanor
to
a
class
“B”
felony.
An
aggravated
14
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
15
years
and
a
fine
of
at
least
$855
but
not
more
than
$8,540.
A
16
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
17
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
18
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
for
19
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
20
than
$13,660.
A
class
“B”
felony
is
punishable
by
confinement
21
for
no
more
than
25
years.
22
-7-
LSB
6027SV
(4)
89
as/rh
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7
