Text: SF02020 Text: SF02022 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 702.11, subsection 2, paragraph e, Code 1 2 Supplement 2003, is amended to read as follows: 1 3 e. Child endangermentresulting in bodily injury to a1 4child or a minor in violation ofsubject to penalty under 1 5 section 726.6, subsection 5. 1 6 Sec. 2. Section 726.6, subsection 1, Code 2003, is amended 1 7 by adding the following new paragraph: 1 8 NEW PARAGRAPH. g. Knowingly permits a child or minor to 1 9 be present at a location where a controlled substance is 1 10 manufactured or possessed with the intent to manufacture in 1 11 violation of section 124.401, subsection 1, or where a product 1 12 is possessed in violation of section 124.401, subsection 4. 1 13 Sec. 3. Section 726.6, subsections 5 and 6, Code 2003, are 1 14 amended to read as follows: 1 15 5. A person who commits child endangerment resulting in 1 16 bodily injury to a child or minor or child endangerment in 1 17 violation of subsection 1, paragraph "g", is guilty of a class 1 18 "D" felony. 1 19 6. A person who commits child endangerment that is not 1 20resulting in bodily injury or serious injury to a child or1 21minorsubject to penalty under subsection 4 or 5 is guilty of 1 22 an aggravated misdemeanor. 1 23 EXPLANATION 1 24 This bill establishes a child endangerment offense for 1 25 permitting the presence of a child or minor at a location 1 26 where a controlled substance manufacturing or possession 1 27 violation occurs. 1 28 The child endangerment offense occurs when a child or a 1 29 minor is permitted to be present at a location where a 1 30 controlled substance is either manufactured or possessed with 1 31 the intent to manufacture in violation of Code section 1 32 124.401, subsection 1, or where a product is possessed with 1 33 the intent to manufacture a controlled substance in violation 1 34 of Code section 124.401, subsection 4. Code section 124.401 1 35 is part of the offenses and penalties division of the 2 1 controlled substances chapter. The referenced subsections 2 2 include defined terms such as "manufacture" and a threshold 2 3 for the amounts of controlled substances for which possession 2 4 triggers a violation. 2 5 The bill classifies the new child endangerment offense as a 2 6 class "D" felony, punishable by confinement for no more than 2 7 five years and a fine of at least $750 but not more than 2 8 $7,500. 2 9 The bill includes conforming amendments to Code sections 2 10 702.11 and 726.6 to provide that the new offense is not a 2 11 forcible felony. 2 12 LSB 5200SS 80 2 13 jp/gg/14
Text: SF02020 Text: SF02022 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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