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House File 178

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 178
  1  2 
  1  3                             AN ACT
  1  4 APPLYING CHILD IN NEED OF ASSISTANCE AND CHILD ABUSE PROVISIONS
  1  5    TO A CHILD WHOSE PARENT OR GUARDIAN OR THE PERSON RESPONSIBLE
  1  6    FOR THE CHILD'S CARE HAS MANUFACTURED OR POSSESSED A DANGEROUS
  1  7    SUBSTANCE IN A CHILD'S PRESENCE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 232.2, subsection 6, Code 2001, is
  1 12 amended by adding the following new paragraph:
  1 13    NEW PARAGRAPH.  p.  Whose parent, guardian, or custodian
  1 14 does any of the following:  unlawfully manufactures a
  1 15 dangerous substance in the presence of a child, knowingly
  1 16 allows such manufacture by another person in the presence of a
  1 17 child, or in the presence of a child possesses a product
  1 18 containing ephedrine, its salts, optical isomers, salts of
  1 19 optical isomers, or pseudoephedrine, its salts, optical
  1 20 isomers, salts of optical isomers, with the intent to use the
  1 21 product as a precursor or an intermediary to a dangerous
  1 22 substance.
  1 23    (1)  For the purposes of this paragraph "p", "in the
  1 24 presence of a child" means the physical presence of a child
  1 25 during the manufacture or possession, the manufacture or
  1 26 possession occurred in a child's home, on the premises, or in
  1 27 a motor vehicle located on the premises, or the manufacture or
  1 28 possession occurred under other circumstances in which a
  1 29 reasonably prudent person would know that the manufacture or
  1 30 possession may be seen, smelled, or heard by a child.
  1 31    (2)  For the purposes of this paragraph "p", "dangerous
  1 32 substance" means any of the following:
  1 33    (a)  Amphetamine, its salts, isomers, or salts of its
  1 34 isomers.
  1 35    (b)  Methamphetamine, its salts, isomers, or salts of its
  2  1 isomers.
  2  2    (c)  A chemical or combination of chemicals that poses a
  2  3 reasonable risk of causing an explosion, fire, or other danger
  2  4 to the life or health of persons who are in the vicinity while
  2  5 the chemical or combination of chemicals is used or is
  2  6 intended to be used in any of the following:
  2  7    (i)  The process of manufacturing an illegal or controlled
  2  8 substance.
  2  9    (ii)  As a precursor in the manufacturing of an illegal or
  2 10 controlled substance.
  2 11    (iii)  As an intermediary in the manufacturing of an
  2 12 illegal or controlled substance.
  2 13    Sec. 2.  Section 232.68, subsection 2, Code 2001, is
  2 14 amended by adding the following new paragraph:
  2 15    NEW PARAGRAPH.  g.  The person responsible for the care of
  2 16 a child has, in the presence of the child, as defined in
  2 17 section 232.2, subsection 6, paragraph "p", manufactured a
  2 18 dangerous substance, as defined in section 232.2, subsection
  2 19 6, paragraph "p", or in the presence of the child possesses a
  2 20 product containing ephedrine, its salts, optical isomers,
  2 21 salts of optical isomers, or pseudoephedrine, its salts,
  2 22 optical isomers, salts of optical isomers, with the intent to
  2 23 use the product as a precursor or an intermediary to a
  2 24 dangerous substance.  
  2 25 
  2 26 
  2 27                                                             
  2 28                               BRENT SIEGRIST
  2 29                               Speaker of the House
  2 30 
  2 31 
  2 32                                                             
  2 33                               MARY E. KRAMER
  2 34                               President of the Senate
  2 35 
  3  1    I hereby certify that this bill originated in the House and
  3  2 is known as House File 178, Seventy-ninth General Assembly.
  3  3 
  3  4 
  3  5                                                             
  3  6                               MARGARET THOMSON
  3  7                               Chief Clerk of the House
  3  8 Approved                , 2001
  3  9 
  3 10 
  3 11                            
  3 12 THOMAS J. VILSACK
  3 13 Governor
     

Text: HF00177                           Text: HF00179
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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