Bill Text: IA SF88 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of a simulated firearm or simulated explosive when committing a robbery, the criminal offense of intimidation, or other crimes, and providing penalties. (See SF 414.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-21 - Fiscal note. [SF88 Detail]
Download: Iowa-2017-SF88-Introduced.html
Senate File 88 - Introduced SENATE FILE BY KINNEY A BILL FOR 1 An Act relating to the use of a simulated firearm or simulated 2 explosive when committing a robbery, the criminal offense of 3 intimidation, or other crimes, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1109XS (4) 87 jm/rj PAG LIN 1 1 Section 1. NEW SECTION. 702.26 Simulated firearm or 1 2 simulated explosive. 1 3 A simulated firearm or simulated explosive is a device 1 4 or explosive that appears to be a firearm or explosive when 1 5 displayed or when represented to be a firearm or explosive. 1 6 Sec. 2. Section 708.6, Code 2017, is amended to read as 1 7 follows: 1 8 708.6 Intimidation with a dangerous weapon or simulated 1 9 firearm or simulated explosive. 1 10 1. A person commits a class "C" felony when the person, 1 11 with the intent to injure or provoke fear or anger in another, 1 12 shoots, throws, launches, or discharges a dangerous weapon 1 13 or displays or represents a simulated firearm or simulated 1 14 explosive to be a firearm or explosive capable of being shot, 1 15 thrown, launched, or discharged at, into, or in a building, 1 16 vehicle, airplane, railroad engine, railroad car, or boat, 1 17 occupied by another person, or within an assembly of people, 1 18 and thereby places the occupants or people in reasonable 1 19 apprehension of serious injury or threatens to commit such an 1 20 act under circumstances raising a reasonable expectation that 1 21 the threat will be carried out. 1 22 2. A person commits a class "D" felony when the person 1 23 shoots, throws, launches, or discharges a dangerous weapon 1 24 or displays or represents a simulated firearm or simulated 1 25 explosive to be a firearm or explosive capable of being shot, 1 26 thrown, launched, or discharged at, into, or in a building, 1 27 vehicle, airplane, railroad engine, railroad car, or boat, 1 28 occupied by another person, or within an assembly of people, 1 29 and thereby places the occupants or people in reasonable 1 30 apprehension of serious injury or threatens to commit such an 1 31 act under circumstances raising a reasonable expectation that 1 32 the threat will be carried out. 1 33 Sec. 3. Section 711.2, Code 2017, is amended to read as 1 34 follows: 1 35 711.2 Robbery in the first degree. 2 1 A person commits robbery in the first degree when, while 2 2 perpetrating a robbery, the person purposely inflicts or 2 3 attempts to inflict serious injury, or is armed with a 2 4 dangerous weapon or simulated firearm. Robbery in the first 2 5 degree is a class "B" felony. 2 6 Sec. 4. Section 723A.1, subsection 1, paragraph c, Code 2 7 2017, is amended to read as follows: 2 8 c. An offense constituting a violation of section 708.6 2 9 involving intimidation with a dangerous weapon or simulated 2 10 firearm or simulated explosive. 2 11 EXPLANATION 2 12 The inclusion of this explanation does not constitute agreement with 2 13 the explanation's substance by the members of the general assembly. 2 14 This bill relates to the use of a simulated firearm or 2 15 simulated explosive when committing a robbery, the criminal 2 16 offense of intimidation, or other crimes. 2 17 The bill defines a simulated firearm or simulated explosive 2 18 to mean a device or explosive that appears to be a firearm or 2 19 explosive when displayed or when represented to be a firearm 2 20 or explosive. 2 21 The bill modifies the definition of robbery in the first 2 22 degree to include instances when a person is armed with a 2 23 simulated firearm. Robbery in the first degree is a class "B" 2 24 forcible felony and is subject to 70 percent sentence under 2 25 Code section 902.12. A class "B" felony is punishable by 2 26 confinement for no more than 25 years. 2 27 The bill modifies the elements of the criminal offense 2 28 of intimidation with a dangerous weapon to include use of a 2 29 simulated firearm or simulated explosive. 2 30 Under the bill, a person commits intimidation with a 2 31 dangerous weapon classified as a class "C" felony, if the 2 32 person, with the intent to injure or provoke fear or anger in 2 33 another, shoots, throws, launches, or discharges a dangerous 2 34 weapon or displays or represents a simulated firearm or 2 35 simulated explosive to be a firearm or explosive capable of 3 1 being shot, thrown, launched, or discharged at, into, or in a 3 2 building, vehicle, airplane, railroad engine, railroad car, 3 3 or boat, occupied by another person, or within an assembly 3 4 of people, and thereby places the occupants or people in 3 5 reasonable apprehension of serious injury or threatens to 3 6 commit such an act under circumstances raising a reasonable 3 7 expectation that the threat will be carried out. A class "C" 3 8 felony is punishable by confinement for no more than 10 years 3 9 and a fine of at least $1,000 but not more than $10,000. 3 10 Under the bill, a person commits intimidation with a 3 11 dangerous weapon classified as a class "D" felony, if the 3 12 person shoots, throws, launches, or discharges a dangerous 3 13 weapon or displays or represents a simulated firearm or 3 14 simulated explosive to be a firearm or explosive capable of 3 15 being shot, thrown, launched, or discharged at, into, or in a 3 16 building, vehicle, airplane, railroad engine, railroad car, 3 17 or boat, occupied by another person, or within an assembly 3 18 of people, and thereby places the occupants or people in 3 19 reasonable apprehension of serious injury or threatens to 3 20 commit such an act under circumstances raising a reasonable 3 21 expectation that the threat will be carried out. A class "D" 3 22 felony is punishable by confinement for no more than five years 3 23 and a fine of at least $750 but not more than $7,500. 3 24 The bill adds the definition of simulated firearm or 3 25 simulated explosive to Code chapter 702 (criminal code 3 26 definitions). The term "simulated explosive" appears in Code 3 27 sections 708.7 (harassment) and 712.6 (explosive or incendiary 3 28 device). By adding the definition of "simulated explosive" to 3 29 Code chapter 702 (criminal code definitions), the bill also 3 30 codifies the definitions for "simulated explosive" under Code 3 31 sections 708.7 (harassment) and 712.6 (explosives or incendiary 3 32 device). LSB 1109XS (4) 87 jm/rj
