Senate File 35 



                                       SENATE FILE       
                                       BY  ZIEMAN


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

                                      A BILL FOR

  1 An Act relating to the criminal offense of child endangerment.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1834SS 82
  4 jm/es/88

PAG LIN



  1  1    Section 1.  Section 726.6, subsection 1, paragraph d, Code
  1  2 2007, is amended to read as follows:
  1  3    d.  Willfully deprives a child or minor of necessary food,
  1  4 clothing, shelter, health care, or supervision appropriate to
  1  5 the child or minor's age, when the person is reasonably able
  1  6 to make the necessary provisions and which deprivation
  1  7 substantially harms the child or minor's physical, mental, or
  1  8 emotional health.  For purposes of this paragraph, the failure
  1  9 to provide specific medical treatment shall not for that
  1 10 reason alone be considered willful deprivation of health care
  1 11 if the person can show that such treatment would conflict with
  1 12 the tenets and practice of a recognized religious denomination
  1 13 of which the person is an adherent or member.  This exception
  1 14 does not in any manner restrict the right of an interested
  1 15 party to petition the court on behalf of the best interest of
  1 16 the child or minor.
  1 17                           EXPLANATION
  1 18    This bill relates to the criminal offense of child
  1 19 endangerment.
  1 20    The bill strikes a provision exempting a person from
  1 21 committing child endangerment based solely on the willful
  1 22 deprivation of health care if the person can prove the reason
  1 23 for withholding medical treatment is for religious purposes
  1 24 and such treatment would conflict with the tenets and
  1 25 practices of their religious denomination.
  1 26 LSB 1834SS 82
  1 27 jm:nh/es/88