Text: HF00103                           Text: HF00105
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House File 104

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 702.11, subsection 2, Code 2001, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  Child endangerment resulting in bodily
  1  4 injury to a child in violation of section 726.6, subsection
  1  5 2A.
  1  6    Sec. 2.  Section 726.6, subsection 1, unnumbered paragraph
  1  7 1, Code 2001, is amended to read as follows:
  1  8    A person who is the parent, guardian, or person having
  1  9 custody or control over a child or a minor under the age of
  1 10 eighteen with a mental or physical disability, or a person who
  1 11 is a member of the household in which a child or such a minor
  1 12 resides, commits child endangerment when the person does any
  1 13 of the following:
  1 14    Sec. 3.  Section 726.6, subsection 1, paragraph b, Code
  1 15 2001, is amended to read as follows:
  1 16    b.  By an intentional act or series of intentional acts,
  1 17 uses unreasonable force, torture or cruelty that results in
  1 18 physical bodily injury, or that is intended to cause serious
  1 19 injury.
  1 20    Sec. 4.  Section 726.6, Code 2001, is amended by adding the
  1 21 following new subsections:
  1 22    NEW SUBSECTION.  1A.  For the purposes of subsection 1,
  1 23 "person having control over a child or a minor" means any of
  1 24 the following:
  1 25    a.  A person who has accepted, undertaken, or assumed
  1 26 supervision of a child or such a minor from the parent or
  1 27 guardian of the child or minor.
  1 28    b.  A person who has undertaken or assumed temporary
  1 29 supervision of a child or such a minor without explicit
  1 30 consent from the parent or guardian of the child or minor.
  1 31    c.  A person who operates a motor vehicle with a child or
  1 32 such a minor present in the vehicle.
  1 33    NEW SUBSECTION.  2A.  A person who commits child
  1 34 endangerment resulting in bodily injury to a child or minor is
  1 35 guilty of a class "D" felony.
  2  1    Sec. 5.  Section 726.6, subsection 3, Code 2001, is amended
  2  2 to read as follows:
  2  3    3.  A person who commits child endangerment not resulting
  2  4 in bodily injury or serious injury to a child or minor is
  2  5 guilty of an aggravated misdemeanor.  
  2  6                           EXPLANATION
  2  7    This bill amends Code section 726.6, relating to child
  2  8 endangerment violations, and includes a conforming change to
  2  9 Code section 702.11, relating to forcible felonies.
  2 10    Code section 726.6 is amended to include a person who is a
  2 11 member of the child's or minor's household in the list of
  2 12 possible perpetrators of an act of child endangerment.  The
  2 13 list of child endangerment acts is amended to include acts
  2 14 intended to cause bodily injury.
  2 15    In addition the bill adds two new subsections to Code
  2 16 section 726.6.  New subsection 1A defines the term "person
  2 17 having control over a child or a minor" to add the following
  2 18 to the list of possible perpetrators of an act of child
  2 19 endangerment:  a person who has accepted, undertaken, or
  2 20 assumed supervision of a child or minor from the parent or
  2 21 guardian, a person who has undertaken or assumed temporary
  2 22 supervision without explicit consent from the parent or
  2 23 guardian, or a person who operates a motor vehicle with a
  2 24 child or minor present in the vehicle.  New subsection 2A
  2 25 provides that an act of child endangerment resulting in bodily
  2 26 injury to a child or minor is a class "D" felony and the bill
  2 27 provides that an act of child endangerment that does not
  2 28 result in bodily injury or serious injury to a child or minor
  2 29 is an aggravated misdemeanor.
  2 30    Current law provides that a felonious act of child
  2 31 endangerment is a forcible felony.  Code section 702.11 is
  2 32 amended to provide that a class "D" felony act of child
  2 33 endangerment resulting in bodily injury to a child is not a
  2 34 forcible felony.  
  2 35 LSB 1274HV 79
  3  1 jp/pj/5
     

Text: HF00103                           Text: HF00105
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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