House File 209 - Introduced HOUSE FILE 209 BY HOLT A BILL FOR An Act relating to the presence of a child near certain 1 dangerous substances for purposes of declaring a child a 2 child in need of assistance and establishing the existence 3 of child abuse. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1999YH (3) 87 rh/rj
H.F. 209 Section 1. Section 232.2, subsection 6, paragraph p, 1 subparagraph (2), Code 2017, is amended by adding the following 2 new subparagraph divisions: 3 NEW SUBPARAGRAPH DIVISION . (0c) Cocaine, its salts, 4 optical and geometric isomers, or salts of isomers. 5 NEW SUBPARAGRAPH DIVISION . (00c) Heroin, its salts, 6 optical and geometric isomers, or salts of isomers. 7 NEW SUBPARAGRAPH DIVISION . (000c) Opium and opiate, and any 8 salt, compound, derivative, or preparation of opium or opiate, 9 as described in section 124.206, subsection 2, paragraphs “a” 10 and “b” . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the definition of a dangerous substance 15 for purposes of child in need of assistance and child abuse 16 proceedings under Code chapter 232 (juvenile justice). 17 Under current law, an unmarried child whose parent, 18 guardian, or custodian unlawfully manufactures a dangerous 19 substance in the presence of the child, knowingly allows 20 such manufacture by another person in the presence of the 21 child, or in the presence of the child possesses a product 22 containing ephedrine or pseudoephedrine, with the intent 23 to use the product as a precursor or an intermediary to a 24 dangerous substance, may be the subject of a child in need of 25 assistance petition. A person responsible for the care of 26 the child who manufactures a dangerous substance, or in the 27 presence of the child possesses a product containing ephedrine 28 or pseudoephedrine with the intent to use the product as a 29 precursor or an intermediary to a dangerous substance, may 30 be the subject of an allegation of child abuse. “Dangerous 31 substance” means an amphetamine, its salts, isomers, or salts 32 of its isomers; methamphetamine, its salts, isomers, or salts 33 of its isomers; or a chemical or combination of chemicals that 34 poses a reasonable risk of causing an explosion, fire, or other 35 -1- LSB 1999YH (3) 87 rh/rj 1/ 2
H.F. 209 danger to the life or health of persons in the vicinity while 1 the chemical or combination of chemicals is used or is intended 2 to be used in certain circumstances relating to the manufacture 3 of an illegal or controlled substance. 4 The bill includes cocaine, heroin, and opium and opiates, 5 and their salts, isomers, compounds, and derivatives, in 6 the list of dangerous substances, thus making the presence 7 of a child near such substances an essential factor in some 8 circumstances to declare a child a child in need of assistance 9 or to establish the existence of child abuse. 10 -2- LSB 1999YH (3) 87 rh/rj 2/ 2