Bill Text: IA SF239 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to explosive materials including blasting agents, detonators, and destructive devices, providing penalties, and including effective date provisions.(Formerly SSB 1082.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-06 - Withdrawn. S.J. 484. [SF239 Detail]
Download: Iowa-2023-SF239-Introduced.html
Senate
File
239
-
Introduced
SENATE
FILE
239
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1082)
A
BILL
FOR
An
Act
relating
to
explosive
materials
including
blasting
1
agents,
detonators,
and
destructive
devices,
providing
2
penalties,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
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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
devices
31
to
recklessly
endanger
the
property
or
safety
of
another
shall
32
be
guilty
of
a
serious
misdemeanor.
33
Sec.
4.
Section
712.6,
Code
2023,
is
amended
to
read
as
34
follows:
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712.6
Explosive
materials
or
incendiary
materials
or
1
destructive
devices.
2
1.
A
person
who
possesses
any
incendiary
or
explosive
device
3
or
material
or
destructive
device
with
the
intent
to
use
such
4
device
or
material
to
commit
a
public
offense
shall
be
guilty
5
of
a
class
“C”
felony.
6
2.
a.
A
person
who
possesses
any
incendiary
or
explosive
7
device
or
material
or
destructive
device
shall
be
guilty
of
an
8
aggravated
misdemeanor.
9
b.
This
subsection
does
not
apply
to
a
person
holding
a
10
valid
commercial
license
or
user’s
permit
issued
pursuant
to
11
chapter
101A
,
provided
that
the
person
is
acting
within
the
12
scope
of
authority
granted
by
the
license
or
permit.
13
3.
A
person
who,
with
the
intent
to
intimidate,
annoy,
or
14
alarm
another
person,
places
a
simulated
explosive
or
simulated
15
incendiary
destructive
device
in
or
near
an
occupied
structure
16
as
defined
in
section
702.12
a
place
that
the
person
reasonably
17
believes
is
likely
to
cause
public
alarm
or
inconvenience
,
is
18
guilty
of
a
serious
misdemeanor.
19
4.
A
person
who
uses
any
explosive
material
or
destructive
20
device
to
commit
any
public
offense
or
who
possesses
any
21
explosive
material
or
destructive
device
during
the
commission
22
of
a
felony
shall
be
guilty
of
a
class
“C”
felony.
23
Sec.
5.
NEW
SECTION
.
712.10
Destructive
device.
24
For
purposes
of
this
chapter,
“destructive
device”
means
the
25
same
as
defined
in
section
101A.1.
26
Sec.
6.
Section
724.1,
subsection
1,
paragraph
c,
Code
2023,
27
is
amended
to
read
as
follows:
28
c.
A
bomb,
grenade,
or
mine,
whether
explosive,
incendiary,
29
or
poison
gas;
any
rocket
having
a
propellant
charge
of
more
30
than
four
ounces;
any
missile
having
an
explosive
charge
of
31
more
than
one-quarter
ounce;
or
any
device
similar
to
any
of
32
these
A
destructive
device
as
defined
in
section
101A.1
.
33
Sec.
7.
Section
727.2,
subsection
3,
Code
2023,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
d.
Any
retailer
or
community
group
offering
1
for
sale
at
retail
any
consumer
fireworks
shall
do
so
in
2
accordance
with
the
national
fire
protection
association
3
standard
1124,
published
in
the
code
for
the
manufacture,
4
transportation,
storage,
and
retail
sales
of
fireworks
and
5
pyrotechnic
articles,
2006
edition,
and
shall
not
be
subject
to
6
any
other
standards
or
requirements
unless
provided
for
by
the
7
state
fire
marshal
under
section
100.19.
8
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
9
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
explosive
materials
including
blasting
14
agents,
detonators,
and
destructive
devices.
15
CODE
CHAPTER
101A
(EXPLOSIVE
MATERIALS)
——
DEFINITIONS.
16
For
purposes
of
Code
chapter
101A,
the
bill
makes
changes
to
17
definitions.
The
bill
amends
the
definition
of
“blasting
18
agent”
to
include
any
material
or
mixture
intended
for
blasting
19
that
meet
the
requirements
of
49
C.F.R.
pt.
173,
subpt.
20
C
(federal
regulations
relating
to
the
transportation
of
21
hazardous
materials).
The
definition
of
“explosive
materials”
22
is
amended
to
include
detonators.
23
The
bill
defines
“detonator”
as
any
device
containing
an
24
initiating
or
primary
explosive
that
is
used
for
initiating
25
detonation,
and
includes
an
electric
detonator
of
instantaneous
26
or
delay
type,
a
detonator
for
use
with
safety
fuses,
a
27
detonating
cord
delay
connector,
and
a
nonelectric
detonator
28
or
instantaneous
or
delay
type
which
consists
of
a
detonating
29
cord,
shock
tube,
or
any
other
replacement
for
electric
leg
30
wires.
31
The
bill
defines
“destructive
device”
as
any
explosive,
32
incendiary,
chemical
or
biological
poison,
or
poison
gas
which
33
is
any
of
the
following:
a
bomb,
a
grenade,
a
rocket
having
a
34
propellant
charge
of
more
than
four
ounces,
a
missile
having
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an
explosive
or
incendiary
charge
of
more
than
one-quarter
1
ounce,
a
mine,
a
booby
trap,
a
Molotov
cocktail,
a
bottle
2
bomb,
a
vessel
or
container
intentionally
caused
to
rupture
3
or
mechanically
explode,
and
any
similar
device,
the
primary
4
or
common
purpose
of
which
is
to
explode
and
to
be
used
as
a
5
weapon
against
any
person
or
property.
The
bill
provides
that
6
a
“destructive
device”
does
not
include:
a
device
that
is
7
neither
designed
nor
redesigned
for
use
as
a
weapon
to
be
used
8
against
person
or
property;
a
device,
originally
designed
for
9
use
as
a
weapon,
that
is
redesigned
for
use
as
a
signaling,
10
pyrotechnic,
line-throwing,
safety,
or
similar
device;
a
11
surplus
ordnance
sold,
loaned,
or
given
by
the
secretary
of
12
the
army;
any
device
that
the
state
fire
marshal
finds
is
not
13
likely
to
be
used
as
a
weapon
or
that
is
an
antique;
or
any
14
device
possessed
under
circumstances
negating
an
intent
that
15
the
device
be
used
as
a
weapon
against
any
person
or
property.
16
RECKLESS
USE
OF
FIRE,
EXPLOSIVES,
OR
DESTRUCTIVE
DEVICES.
17
The
bill
provides
that
any
person
who
uses
fire,
explosives,
18
or
destructive
devices
as
defined
in
the
bill
to
recklessly
19
endanger
the
property
or
safety
of
another
is
guilty
of
a
20
serious
misdemeanor.
21
EXPLOSIVE
MATERIALS
OR
DESTRUCTIVE
DEVICES
——
PENALTIES.
22
The
bill
provides
that
a
person
who
possess
any
explosive
23
material
or
destructive
device
with
the
intent
to
commit
a
24
public
offense
commits
a
class
“C”
felony.
A
person
who
25
possesses
any
explosive
material
or
destructive
device
commits
26
an
aggravated
misdemeanor.
A
person
who,
with
the
intent
to
27
intimidate,
annoy,
or
alarm
another
person,
places
a
simulated
28
explosive
or
simulated
destructive
device
in
a
place
that
the
29
person
reasonably
believes
is
likely
to
cause
public
alarm
or
30
inconvenience
commits
a
serious
misdemeanor.
The
bill
provides
31
that
a
person
who
uses
any
explosive
material
or
destructive
32
device
to
commit
any
public
offense
or
who
possesses
an
33
explosive
material
or
destructive
device
during
the
commission
34
of
a
felony
is
guilty
of
a
class
“C”
felony.
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OFFENSIVE
WEAPONS.
The
bill
amends
the
definition
of
1
“offensive
weapon”
for
purposes
of
Code
section
724.1
2
(offensive
weapons)
to
include
the
definition
of
a
destructive
3
device
as
defined
in
the
bill.
Any
unauthorized
person
who
4
knowingly
possesses
an
offensive
weapon
commits
a
class
“D”
5
felony.
6
FIREWORKS.
The
bill
provides
that
a
retailer
or
community
7
group
selling
fireworks
shall
comply
with
the
national
8
fire
protection
association
standard
for
the
manufacture,
9
transportation,
storage,
and
retail
sales
of
fireworks.
10
PENALTIES.
A
serious
misdemeanor
is
punishable
by
11
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
12
$430
but
not
more
than
$2,560.
An
aggravated
misdemeanor
is
13
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
14
of
at
least
$855
but
not
more
than
$8,540.
A
class
“D”
felony
15
is
punishable
by
confinement
for
no
more
than
five
years
and
a
16
fine
of
at
least
$1,025
but
not
more
than
$10,245.
A
class
“C”
17
felony
is
punishable
by
confinement
for
no
more
than
10
years
18
and
a
fine
of
at
least
$1,370
but
not
more
than
$13,660.
19
The
bill
takes
effect
upon
enactment.
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