Text: SF02099                           Text: SF02101
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2100

Partial Bill History

Bill Text

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 endangerment resulting in bodily injury to a
  1 17 child or a minor in violation of subject 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 33 resulting in bodily injury or serious injury to a child or
  1 34 minor subject 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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