Text: SSB01035 Text: SSB01037 Text: SSB01000 - SSB01099 Text: SSB 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: SSB01035 Text: SSB01037 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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