Text: SF02099 Text: SF02101 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401C, subsection 1, Code 2003, is 1 2 amended to read as follows: 1 3 1. In addition to any other penalties provided in this 1 4 chapter, a person who is eighteen years of age or older and 1 5 who either directly or by extraction from natural substances, 1 6 or independently by means of chemical processes, or both, 1 7 unlawfully manufactures methamphetamine, its salts, isomers, 1 8 and salts of its isomers in the presence of a minor shall be 1 9 sentenced up to an additional term of confinement of five 1 10 years. However, the additional term of confinement shall not 1 11 be imposed on a person who has been convicted and sentenced 1 12 for a child endangerment offense under section 726.6, 1 13 subsection 1, paragraph "g", arising from the same facts. 1 14 Sec. 2. Section 702.11, subsection 2, paragraph e, Code 1 15 Supplement 2003, is amended to read as follows: 1 16 e. Child endangermentresulting in bodily injury to a1 17child or a minor in violation ofsubject to penalty under 1 18 section 726.6, subsection 5. 1 19 Sec. 3. Section 726.6, subsection 1, Code 2003, is amended 1 20 by adding the following new paragraph: 1 21 NEW PARAGRAPH. g. Knowingly permits a child or minor to 1 22 be present at a location where a controlled substance is 1 23 manufactured in violation of section 124.401, subsection 1, or 1 24 where a product is possessed in violation of section 124.401, 1 25 subsection 4. 1 26 Sec. 4. Section 726.6, subsections 5 and 6, Code 2003, are 1 27 amended to read as follows: 1 28 5. A person who commits child endangerment resulting in 1 29 bodily injury to a child or minor or child endangerment in 1 30 violation of subsection 1, paragraph "g" that does not result 1 31 in a serious injury, is guilty of a class "D" felony. 1 32 6. A person who commits child endangerment that is not 1 33resulting in bodily injury or serious injury to a child or1 34minorsubject to penalty under subsection 4 or 5 is guilty of 1 35 an aggravated misdemeanor. 2 1 EXPLANATION 2 2 This bill establishes a child endangerment offense for 2 3 permitting the presence of a child or minor at a location 2 4 where a controlled substance manufacturing or product 2 5 possession violation occurs, but the violation does not result 2 6 in a serious injury to the child. 2 7 The child endangerment offense occurs when a child or a 2 8 minor is permitted to be present at a location where a 2 9 controlled substance is manufactured in violation of Code 2 10 section 124.401, subsection 1, or where a product is possessed 2 11 with the intent to manufacture a controlled substance in 2 12 violation of Code section 124.401, subsection 4. Code section 2 13 124.401 is part of the offenses and penalties division of the 2 14 controlled substances chapter. The referenced subsections 2 15 include defined terms such as "manufacture" and a threshold 2 16 for the amounts of controlled substances for which possession 2 17 triggers a violation. 2 18 The bill classifies the new child endangerment offense as a 2 19 class "D" felony, punishable by confinement for no more than 2 20 five years and a fine of at least $750 but not more than 2 21 $7,500. 2 22 Current law in Code section 124.401C provides that 2 23 manufacture of methamphetamine and related substances in the 2 24 presence of a minor is subject to an added penalty of 2 25 confinement for five additional years. The bill provides that 2 26 a person who has been convicted and sentenced under the bill's 2 27 child endangerment offense is not subject to the Code section 2 28 124.401C added penalty of five years. 2 29 The bill includes conforming amendments to Code sections 2 30 702.11 and 726.6 to provide that the new offense is not a 2 31 forcible felony. 2 32 LSB 5200SV 80 2 33 jp/gg/14
Text: SF02099 Text: SF02101 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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