House File 2245 - Introduced
HOUSE FILE
BY HEDDENS,
WESSEL=KROESCHELL,
STAED, KURTH, OURTH,
HUNTER, OLDSON,
NIELSEN, ANDERSON,
MEYER, BENNETT,
T. TAYLOR, KEARNS, and
BROWN=POWERS
A BILL FOR
1 An Act relating to maintaining dangerous weapons at a child
2 care facility or when transporting a child receiving care
3 from a child care facility, and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 237A.1, Code 2018, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7A. "Dangerous weapon" means the same as
1 4 defined in section 702.7.
1 5 Sec. 2. NEW SECTION. 237A.3C Dangerous weapons.
1 6 1. A facility shall develop and maintain written policies
1 7 relating to the storage of dangerous weapons in the facility
1 8 and in a motor vehicle used to transport a child receiving care
1 9 from the facility.
1 10 2. a. The written policies shall include all of the
1 11 following:
1 12 (1) A dangerous weapon shall be inaccessible to a child
1 13 receiving care from the facility.
1 14 (2) A firearm shall be maintained in a locked place similar
1 15 to a gun case.
1 16 (3) Ammunition shall be maintained in a locked place
1 17 separate from a firearm.
1 18 (4) A firearm in a motor vehicle used to transport a child
1 19 receiving care from the facility shall be unloaded and any
1 20 ammunition in the vehicle shall be kept separate from the
1 21 firearm and in a locked container.
1 22 b. A parent or guardian shall be advised of any dangerous
1 23 weapon, other than a kitchen knife, located on the premises of
1 24 a facility.
1 25 3. A person who has involvement with child care at a
1 26 facility shall not do any of the following during regular
1 27 business hours:
1 28 a. Allow a dangerous weapon to be accessible to a child at
1 29 the facility.
1 30 b. Maintain a firearm in an unlocked place at the facility.
1 31 c. Maintain ammunition with a firearm at the facility.
1 32 d. Maintain ammunition in an unlocked place at the facility.
1 33 e. Knowingly possess or transport a loaded firearm in a
1 34 motor vehicle used to transport a child receiving care from the
1 35 facility.
2 1 f. Knowingly maintain ammunition with a firearm in a motor
2 2 vehicle used to transport a child receiving care from the
2 3 facility.
2 4 g. Knowingly maintain ammunition in an unlocked container in
2 5 a motor vehicle used to transport a child receiving care from
2 6 the facility.
2 7 4. For purposes of this section, "involvement with child
2 8 care" means a person who is an owner or employee of a facility.
2 9 5. Notwithstanding any other provision of law to the
2 10 contrary, a person who violates subsection 3 commits an
2 11 aggravated misdemeanor.
2 12 EXPLANATION
2 13 The inclusion of this explanation does not constitute agreement with
2 14 the explanation's substance by the members of the general assembly.
2 15 This bill relates to maintaining dangerous weapons at a
2 16 child care facility or when transporting a child receiving care
2 17 from a facility.
2 18 The bill requires a child care facility to develop and
2 19 maintain written policies relating to the storage of a
2 20 dangerous weapon in the facility and in a motor vehicle used to
2 21 transport a child receiving care from the facility.
2 22 "Facility" is defined under Code section 235A.1 as a child
2 23 care center, preschool, or a registered child development home,
2 24 "child" is defined as a person under 12 years of age or a person
2 25 13 to 19 years of age who has a developmental disability, and
2 26 "dangerous weapon" is defined under Code section 702.7.
2 27 The bill requires the written policy to include all of the
2 28 following: a dangerous weapon shall be inaccessible to a child
2 29 receiving care from the facility, a firearm shall be maintained
2 30 in a locked place similar to a gun case, ammunition shall be
2 31 maintained in a locked place separate from a firearm, and a
2 32 firearm in a motor vehicle used to transport a child receiving
2 33 care from the facility shall be unloaded and any ammunition in
2 34 the vehicle shall be kept separate from the firearm and in a
2 35 locked container.
3 1 The bill defines "involvement with child care" to mean an
3 2 owner or employee of a facility.
3 3 Under the bill, a person who has involvement with child care
3 4 at the child care facility shall not do any of the following
3 5 during regular business hours: allow a dangerous weapon to be
3 6 accessible to a child at the facility, maintain a firearm in
3 7 an unlocked place at the facility, maintain ammunition with a
3 8 firearm at the facility, maintain ammunition in an unlocked
3 9 place at the facility, knowingly possess or transport a loaded
3 10 firearm in a motor vehicle used to transport a child receiving
3 11 care from the facility, knowingly maintain ammunition with a
3 12 firearm in a motor vehicle used to transport a child receiving
3 13 care from the facility, or knowingly maintain ammunition in an
3 14 unlocked container in a motor vehicle used to transport a child
3 15 receiving care from the facility.
3 16 A person who violates the bill commits an aggravated
3 17 misdemeanor.
3 18 The license of a child care facility may also be suspended,
3 19 revoked, or reduced to a provisional license for a violation of
3 20 the bill pursuant to Code section 237A.8.
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