Senate Study Bill 1082 - 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 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 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 explanations 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