Text: HSB00026 Text: HSB00028 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.2, subsection 6, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. p. Whose parent, guardian, or custodian 1 4 unlawfully manufactures a controlled substance, as defined in 1 5 section 124.101, in the presence of a child, or in the 1 6 presence of a child possesses a product containing ephedrine, 1 7 its salts, optical isomers, salts of optical isomers, or 1 8 pseudoephedrine, its salts, optical isomers, salts of optical 1 9 isomers, with the intent to use the product as a precursor to 1 10 an illegal substance or an intermediary to a controlled 1 11 substance. 1 12 For the purposes of this lettered paragraph "p", "in the 1 13 presence of a child" means the physical presence of a child 1 14 during the manufacture or possession, the manufacture or 1 15 possession occurred in a child's home, or the manufacture or 1 16 possession occurred under other circumstances in which a 1 17 reasonably prudent person would know that the manufacture or 1 18 possession may be seen or heard by a child. 1 19 Sec. 2. Section 232.68, subsection 2, Code 2001, is 1 20 amended by adding the following new paragraph: 1 21 NEW PARAGRAPH. g. The person responsible for the care of 1 22 a child has exposed the child or has allowed the child to 1 23 participate in or witness the manufacture of a controlled 1 24 substance, as defined in section 124.101. 1 25 EXPLANATION 1 26 This bill applies child in need of assistance and child 1 27 abuse jurisdiction provisions of the juvenile justice code to 1 28 a child in whose presence there has been manufacture or 1 29 possession of a controlled substance by the child's parent, 1 30 guardian, or custodian. 1 31 Code section 232.2, relating to the definition of child in 1 32 need of assistance, is amended. Under the bill, the 1 33 definition would include an unmarried child in whose presence 1 34 the parent, guardian, or custodian: unlawfully manufactures a 1 35 controlled substance as defined in the controlled substances 2 1 chapter, or possesses ephedrine, pseudoephedrine, or chemical 2 2 derivatives of those substances with the intent to use the 2 3 substances as a precursor to an illegal substance or 2 4 intermediary to a controlled substance. The term "in the 2 5 presence of a child" is defined to include manufacture or 2 6 possession occurring in the physical presence of a child, in 2 7 the home of a child, or under circumstances in which a 2 8 reasonably prudent person would know that the manufacture or 2 9 possession may be heard or seen by a child. 2 10 Code section 232.68, relating to child abuse definitions, 2 11 is amended. The bill includes in the definition of child 2 12 abuse, circumstances in which a person responsible for the 2 13 care of the child has exposed the child to or allowed the 2 14 child to participate in or witness the manufacture of a 2 15 controlled substance. 2 16 LSB 1184DP 79 2 17 jp/pj/5
Text: HSB00026 Text: HSB00028 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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