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: 4 TLSB 1234SV (2) 90 as/rh
S.F. 239 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 1234SV (2) 90 as/rh 1/ 6
S.F. 239 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: 35 -2- LSB 1234SV (2) 90 as/rh 2/ 6
S.F. 239 712.6 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 users 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: 35 -3- LSB 1234SV (2) 90 as/rh 3/ 6
S.F. 239 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 explanations 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 35 -4- LSB 1234SV (2) 90 as/rh 4/ 6
S.F. 239 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. 35 -5- LSB 1234SV (2) 90 as/rh 5/ 6
S.F. 239 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. 20 -6- LSB 1234SV (2) 90 as/rh 6/ 6