Senate File 2100
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 2021)
Passed Senate, Date Passed House, 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 5200SV 80
7 jp/gg/14
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