House File 2014

                                       HOUSE FILE       
                                       BY  PAULSEN

                                       (COMPANION TO LSB 5200SS
                                        BY McKIBBEN)


    Passed House, Date                Passed Senate,  Date            
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a child endangerment offense for permitting
  2    the presence of a child or minor at a location where a
  3    controlled substance manufacturing or possession violation
  4    occurs and providing a penalty.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5200HH 80
  7 jp/gg/14

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 endangerment resulting in bodily injury to a
  1  4 child or a minor in violation of subject 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 20 resulting in bodily injury or serious injury to a child or
  1 21 minor subject 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 5200HH 80
  2 13 jp/gg/14