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House Study Bill 27

Bill Text

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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