House File 51 HOUSE FILE BY SMITH Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to child endangerment offenses that result in the 2 death of a child or minor and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1469HH 80 5 jp/pj/5 PAG LIN 1 1 Section 1. Section 726.6, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. A person who commits child 1 4 endangerment resulting in the death of a child or minor is 1 5 guilty of a class "B" felony. Notwithstanding section 902.9, 1 6 subsection 2, a person convicted of a violation of this 1 7 subsection shall be confined for no more than fifty years. 1 8 EXPLANATION 1 9 Under current law in Code section 707.2, a person who kills 1 10 a child while committing child endangerment under Code section 1 11 726.6, subsection 1, paragraph "b", or while committing 1 12 assault under Code section 708.1 upon the child, and the death 1 13 occurs under circumstances manifesting an extreme indifference 1 14 to human life, commits murder in the first degree, which is a 1 15 class "A" felony. Under current law in Code section 726.6A, a 1 16 person who engages in a course of conduct including three or 1 17 more acts of child endangerment within a period of 12 months, 1 18 where one or more of the acts results in serious injury to the 1 19 child or minor or results in a skeletal injury to a child 1 20 under four years of age, is guilty of a class "B" felony. 1 21 Notwithstanding Code section 902.9, subsection 2, which limits 1 22 the term of confinement for a class "B" felony to 25 years, a 1 23 person convicted of such a child endangerment offense shall be 1 24 confined for no more than 50 years. 1 25 This bill provides that a child endangerment offense 1 26 resulting in the death of a child or minor, which does not 1 27 require a showing of extreme indifference to human life, is a 1 28 class "B" felony. The bill includes the same penalty 1 29 provision as exists for the current class "B" child 1 30 endangerment felony offense in that the term of confinement is 1 31 not more than 50 years rather than 25 years. 1 32 LSB 1469HH 80 1 33 jp/pj/5 1 34 1 35