Text: HSB00598 Text: HSB00600 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.69, subsection 1, unnumbered 1 2 paragraph 1, Code 1995, is amended to read as follows: 1 3 The following classes of persons shall make a report within 1 4 twenty-four hours and as provided in section 232.70, of cases 1 5 of child abuse, and shall make a report of abuse of a child 1 6 who is under twelve years of age and may make a report of 1 7 abuse of a child who is twelve years of age or older, which 1 8 would be defined as child abuse under section 232.68, 1 9 subsection 2, paragraph "c" or "e", except that the abuse 1 10 resulted from the acts or omissions of a person other than a 1 11 person responsible for the care of the child: 1 12 Sec. 2. Section 232.71, Code Supplement 1995, is amended 1 13 by adding the following new subsection: 1 14 NEW SUBSECTION. 1A. If a report would be determined to 1 15 constitute an allegation of child abuse as defined under 1 16 section 232.68, subsection 2, paragraph "c" or "e", except 1 17 that the suspected abuse resulted from the acts or omissions 1 18 of a person other than a person responsible for the care of 1 19 the child, the department shall refer the matter to the 1 20 appropriate law enforcement agency having jurisdiction to 1 21 investigate the allegation. The department shall refer the 1 22 matter orally as soon as practicable and in writing within 1 23 seventy-two hours of receiving the report. 1 24 Sec. 3. Section 232.75, subsection 1, Code 1995, is 1 25 amended to read as follows: 1 26 1.AnyA person, official, agency, or institution, 1 27 required by this chapter to reportasuspectedcase ofchild 1 28 abuse or suspected abuse of a child who is under twelve years 1 29 of age which would be defined as child abuse under section 1 30 232.68, subsection 2, paragraph "c" or "e", except that the 1 31 abuse resulted from the acts or omissions of a person other 1 32 than a person responsible for the care of the child, who 1 33 knowingly and willfully fails to do sois guilty ofcommits a 1 34simpleserious misdemeanor. 1 35 EXPLANATION 2 1 This bill relates to child abuse provisions involving 2 2 sexual offenses and increases a penalty. 2 3 Section 232.69 is amended to require mandatory reporters of 2 4 child abuse to also report sexual offenses against a child who 2 5 is under 12 years which would be defined as child abuse except 2 6 that the abuse resulted from acts or omissions of a person 2 7 other than a person responsible for the care of the child. 2 8 The bill also authorizes a mandatory reporter to report sexual 2 9 offenses by this type of perpetrator against a child who is 12 2 10 years of age or older. Under current law, a finding of child 2 11 abuse requires that the abuse results from the acts or 2 12 omissions of a "person responsible for the care of a child," 2 13 which is a defined term. The term includes a parent, 2 14 guardian, foster parent, child care provider, or other person 2 15 who assumes care or supervision of a child. The sexual 2 16 offenses required to be reported under the bill include sexual 2 17 abuse under chapter 709, incest, involvement in prostitution, 2 18 and sexual exploitation of a minor. 2 19 Section 232.71 is amended to require the department of 2 20 human services to refer investigations of sexual offenses 2 21 against a child which result from the acts or omissions of a 2 22 person other than a person responsible for the care of a child 2 23 to an appropriate law enforcement agency. The referral must 2 24 be made orally as soon as practicable and in writing within 72 2 25 hours of receiving the report. 2 26 Section 232.75 is amended to increase the penalty for a 2 27 mandatory reporter of child abuse who knowingly and willfully 2 28 does not report a suspected case of child abuse. The 2 29 reporting requirement is expanded to include the sexual 2 30 offense reporting required by the bill. The penalty is 2 31 increased from a simple to a serious misdemeanor. 2 32 LSB 3732XL 76 2 33 jp/cf/24
Text: HSB00598 Text: HSB00600 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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