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Senate File 2026

Partial Bill History

Bill Text

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.  In addition, the classes of persons shall
  1  6 make a report of abuse of a child who is under twelve years of
  1  7 age and may make a report of abuse of a child who is twelve
  1  8 years of age or older, which would be defined as child abuse
  1  9 under section 232.68, subsection 2, paragraph "c" or "e",
  1 10 except that the abuse resulted from the acts or omissions of a
  1 11 person other than a person responsible for the care of the
  1 12 child:
  1 13    Sec. 2.  Section 232.71, Code Supplement 1995, is amended
  1 14 by adding the following new subsection:
  1 15    NEW SUBSECTION.  1A.  If a report would be determined to
  1 16 constitute an allegation of child abuse as defined under
  1 17 section 232.68, subsection 2, paragraph "c" or "e", except
  1 18 that the suspected abuse resulted from the acts or omissions
  1 19 of a person other than a person responsible for the care of
  1 20 the child, the department shall refer the report to the
  1 21 appropriate law enforcement agency having jurisdiction to
  1 22 investigate the allegation.  The department shall refer the
  1 23 report orally as soon as practicable and in writing within
  1 24 seventy-two hours of receiving the report.
  1 25    Sec. 3.  Section 232.75, subsection 1, Code 1995, is
  1 26 amended to read as follows:
  1 27    1.  Any A person, official, agency, or institution,
  1 28 required by this chapter to report a suspected case of child
  1 29 abuse or suspected abuse of a child who is under twelve years
  1 30 of age which would be defined as child abuse under section
  1 31 232.68, subsection 2, paragraph "c" or "e", except that the
  1 32 abuse resulted from the acts or omissions of a person other
  1 33 than a person responsible for the care of the child, who
  1 34 knowingly and willfully fails to do so is guilty of commits a
  1 35 simple serious misdemeanor.  
  2  1                           EXPLANATION
  2  2    This bill relates to child abuse provisions and increases a
  2  3 penalty.
  2  4    Section 232.69 is amended to require mandatory reporters of
  2  5 child abuse to also report sexual abuse of a child who is
  2  6 under 12 years which would be defined as child abuse except
  2  7 that the abuse resulted from acts or omissions of a person
  2  8 other than a person responsible for the care of the child.
  2  9 The bill also authorizes a mandatory reporter to report sexual
  2 10 abuse by this type of perpetrator of a child who is 12 years
  2 11 of age or older.  Under current law, a finding of child abuse
  2 12 requires that the abuse results from the acts or omissions of
  2 13 a "person responsible for the care of a child," which is a
  2 14 defined term.  The term includes a parent, guardian, foster
  2 15 parent, child care provider, or other person who assumes care
  2 16 or supervision of a child.  The sexual abuse required to be
  2 17 reported under the bill includes sexual abuse under chapter
  2 18 709, incest, involvement in prostitution, or sexual
  2 19 exploitation of a minor.
  2 20    Section 232.71 is amended to require the department of
  2 21 human services to refer reports of sexual abuse of a child
  2 22 which result from the acts or omissions of a person other than
  2 23 a person responsible for the care of a child to an appropriate
  2 24 law enforcement agency.  The referral must be made orally as
  2 25 soon as practicable and in writing within 72 hours of
  2 26 receiving the report.
  2 27    Section 232.75 is amended to increase the penalty for a
  2 28 mandatory reporter of child abuse who knowingly and willfully
  2 29 does not report a suspected case of child abuse.  The
  2 30 reporting requirement is expanded to include the sexual abuse
  2 31 reporting required by the bill.  The penalty is increased from
  2 32 a simple to a serious misdemeanor.  
  2 33 LSB 3166SS 76
  2 34 jp/cf/24
     
Text: SF02025                           Text: SF02027
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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