House File 202 - Introduced HOUSE FILE 202 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 79) 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 1234HV (3) 90 as/rh
H.F. 202 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 1234HV (3) 90 as/rh 1/ 6
H.F. 202 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 1234HV (3) 90 as/rh 2/ 6
H.F. 202 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 users 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 reasonably 18 believes is likely to cause public alarm or inconvenience , is 19 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 Sec. 6. Section 727.2, subsection 3, Code 2023, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . d. Any retailer or community group offering 34 for sale at retail any consumer fireworks shall do so in 35 -3- LSB 1234HV (3) 90 as/rh 3/ 6
H.F. 202 accordance with the national fire protection association 1 standard 1124, published in the code for the manufacture, 2 transportation, storage, and retail sales of fireworks and 3 pyrotechnic articles, 2006 edition, and shall not be subject to 4 any other standards or requirements unless provided for by the 5 state fire marshal under section 100.19. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanations substance by the members of the general assembly. 9 This bill relates to explosive materials including blasting 10 agents, detonators, and destructive devices. 11 CODE CHAPTER 101A (EXPLOSIVE MATERIALS) DEFINITIONS. 12 For purposes of Code chapter 101A, the bill makes changes to 13 definitions. The bill amends the definition of blasting 14 agent to include any material or mixture intended for blasting 15 that meet the requirements of 49 C.F.R. pt. 173, subpt. 16 C (federal regulations relating to the transportation of 17 hazardous materials). The definition of explosive materials 18 is amended to include detonators. 19 The bill defines detonator as any device containing an 20 initiating or primary explosive that is used for initiating 21 detonation, and includes an electric detonator of instantaneous 22 or delay type, a detonator for use with safety fuses, a 23 detonating cord delay connector, and a nonelectric detonator 24 or instantaneous or delay type which consists of a detonating 25 cord, shock tube, or any other replacement for electric leg 26 wires. 27 The bill defines destructive device as any explosive, 28 incendiary, chemical or biological poison, or poison gas which 29 is any of the following: a bomb, a grenade, a rocket having a 30 propellant charge of more than four ounces, a missile having 31 an explosive or incendiary charge of more than one-quarter 32 ounce, a mine, a booby trap, a Molotov cocktail, a bottle 33 bomb, a vessel or container intentionally caused to rupture 34 or mechanically explode, and any similar device, the primary 35 -4- LSB 1234HV (3) 90 as/rh 4/ 6
H.F. 202 or common purpose of which is to explode and to be used as a 1 weapon against any person or property. The bill provides that 2 a destructive device does not include: a device that is 3 neither designed nor redesigned for use as a weapon to be used 4 against person or property; a device, originally designed for 5 use as a weapon, that is redesigned for use as a signaling, 6 pyrotechnic, line-throwing, safety, or similar device; a 7 surplus ordnance sold, loaned, or given by the secretary of 8 the army; any device that the state fire marshal finds is not 9 likely to be used as a weapon or that is an antique; or any 10 device possessed under circumstances negating an intent that 11 the device be used as a weapon against any person or property. 12 RECKLESS USE OF FIRE, EXPLOSIVES, OR DESTRUCTIVE DEVICES. 13 The bill provides that any person who uses fire, explosives, 14 or destructive devices as defined in the bill to recklessly 15 endanger the property or safety of another is guilty of a 16 serious misdemeanor. 17 EXPLOSIVE MATERIALS OR DESTRUCTIVE DEVICES PENALTIES. 18 The bill provides that a person who possess any explosive 19 material or destructive device with the intent to commit a 20 public offense commits a class C felony. A person who 21 possesses any explosive material or destructive device commits 22 an aggravated misdemeanor. A person who, with the intent to 23 intimidate, annoy, or alarm another person, places a simulated 24 explosive or simulated destructive device in a place that the 25 person reasonably believes is likely to cause public alarm or 26 inconvenience commits a serious misdemeanor. The bill provides 27 that a person who uses any explosive material or destructive 28 device to commit any public offense or who possesses an 29 explosive material or destructive device during the commission 30 of a felony is guilty of a class C felony. 31 OFFENSIVE WEAPONS. The bill amends the definition of 32 offensive weapon for purposes of Code section 724.1 33 (offensive weapons) to include the definition of a destructive 34 device as defined in the bill. Any unauthorized person who 35 -5- LSB 1234HV (3) 90 as/rh 5/ 6
H.F. 202 knowingly possesses an offensive weapon commits a class D 1 felony. 2 FIREWORKS. The bill provides that a retailer or community 3 group selling fireworks shall comply with the national 4 fire protection association standard for the manufacture, 5 transportation, storage, and retail sales of fireworks. 6 PENALTIES. A serious misdemeanor is punishable by 7 confinement for no more than one year and a fine of at least 8 $430 but not more than $2,560. An aggravated misdemeanor is 9 punishable by confinement for no more than two years and a fine 10 of at least $855 but not more than $8,540. A class D felony 11 is punishable by confinement for no more than five years and a 12 fine of at least $1,025 but not more than $10,245. A class C 13 felony is punishable by confinement for no more than 10 years 14 and a fine of at least $1,370 but not more than $13,660. 15 -6- LSB 1234HV (3) 90 as/rh 6/ 6