Text: SSB01071 Text: SSB01073 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 726.6, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. OA. For the purposes of this section, "in 1 4 the presence of a child or minor" means an act committed in 1 5 the physical presence of a child or minor, in the child's or 1 6 minor's home while the child or minor is present in the home, 1 7 or under other circumstances in which a reasonably prudent 1 8 person would know that a child or minor may see or hear the 1 9 act. 1 10 Sec. 2. Section 726.6, subsection 1, Code 2001, is amended 1 11 by adding the following new paragraphs: 1 12 NEW PARAGRAPH. g. In the presence of a child or minor, 1 13 intentionally and without justification causes bodily injury 1 14 or serious injury to another person, intentionally points a 1 15 firearm at another person, displays a dangerous weapon in a 1 16 threatening manner, or commits a forcible felony. 1 17 NEW PARAGRAPH. h. In the presence of a child or minor, 1 18 intentionally, maliciously, or recklessly causes the death of 1 19 another person or attempts to commit murder of another person. 1 20 EXPLANATION 1 21 This bill creates additional child endangerment offenses 1 22 under Code section 726.6 for certain criminal acts committed 1 23 in the presence of a child or minor. Under the child 1 24 endangerment statute, the perpetrator must be the child's 1 25 parent, guardian, or person having custody or control over a 1 26 child or minor under the age of 18 with a mental or physical 1 27 disability. 1 28 The bill defines the term "in the presence of a child or 1 29 minor" as an act committed in the physical presence of the 1 30 child or minor, in the child's or minor's home while the child 1 31 or minor is present, or under other circumstances that a 1 32 reasonably prudent person would know that a child or minor may 1 33 see or hear the act. 1 34 Under the bill, a child endangerment offense is committed 1 35 if such a person commits any of these acts against another 2 1 person in the presence of a child or minor: intentional and 2 2 unjustified bodily injury or serious injury, intentional 2 3 pointing of a firearm, display of a dangerous weapon in a 2 4 threatening manner, a forcible felony, intentional or 2 5 malicious or reckless causing of death, or attempted murder. 2 6 A child endangerment offense that does not result in a 2 7 serious injury to a child or minor is an aggravated 2 8 misdemeanor and such offense that results in a serious injury 2 9 to a child or minor is a class "C" felony. 2 10 LSB 1125DP 79 2 11 jp/pj/5
Text: SSB01071 Text: SSB01073 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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