House File 691 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN RESOURCES

                                       (SUCCESSOR TO HF 443)

                                       (COMPANION TO LSB 2003SV BY
                                        COMMITTEE ON HUMAN RESOURCES)


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

                                      A BILL FOR

  1 An Act relating to access to obscene materials and child in need
  2    of assistance proceedings and child abuse reporting.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2003HV 83
  5 jp/rj/8

PAG LIN



  1  1    Section 1.  Section 232.2, subsection 6, paragraph c, Code
  1  2 2009, is amended to read as follows:
  1  3    c.  Who has suffered or is imminently likely to suffer
  1  4 harmful effects as a result of either any of the following:
  1  5    (1)  Mental injury caused by the acts of the child's
  1  6 parent, guardian, or custodian.
  1  7    (2)  The failure of the child's parent, guardian,
  1  8 custodian, or other member of the household in which the child
  1  9 resides to exercise a reasonable degree of care in supervising
  1 10 the child.
  1 11    (3)  The child's parent, guardian, or custodian, or person
  1 12 responsible for the care of the child, as defined in section
  1 13 232.68, has knowingly disseminated and exhibited obscene
  1 14 material as defined in section 728.1 to the child.
  1 15    Sec. 2.  Section 232.68, subsection 2, Code 2009, is
  1 16 amended by adding the following new paragraph:
  1 17    NEW PARAGRAPH.  j.  The person responsible for the care of
  1 18 the child has knowingly allowed the child access to obscene
  1 19 material as defined in section 728.1 or has knowingly
  1 20 disseminated or exhibited such material to the child.
  1 21                           EXPLANATION
  1 22    This bill relates to obscene material in child in need of
  1 23 assistance proceedings and child abuse cases.
  1 24    The bill modifies the definition of "child in need of
  1 25 assistance" to include situations where a child has suffered
  1 26 or is imminently likely to suffer harmful effects because a
  1 27 parent, guardian, or custodian, or person responsible for the
  1 28 care of the child, knowingly disseminated and exhibited to the
  1 29 child obscene material as defined in Code section 728.1.  By
  1 30 modifying the definition of child in need of assistance to
  1 31 include such situations, a child who is adjudicated a child in
  1 32 need of assistance under Code section 232.96 is subject to the
  1 33 least restrictive dispositional order pursuant to Code
  1 34 sections 232.100 through 232.102.
  1 35    The bill also modifies the term "child abuse" to include
  2  1 situations where a person responsible for the care of the
  2  2 child knowingly allows the child access to obscene material or
  2  3 knowingly disseminates or exhibits such material to the child.
  2  4 By modifying the definition of "child abuse" to include such
  2  5 situations, a professional listed in Code section 232.69 is
  2  6 required to report the child abuse.  In addition a person who
  2  7 commits child abuse by knowingly allowing access to obscene
  2  8 material or knowingly disseminates or exhibits such material
  2  9 to the child, may be subject to the child abuse registry
  2 10 provisions.
  2 11    Under Code section 728.2, disseminating or exhibiting
  2 12 obscene material to a person under age 18 is a serious
  2 13 misdemeanor criminal offense.  Code chapter 728 includes other
  2 14 offenses involving a child's access to obscene materials.
  2 15 LSB 2003HV 83
  2 16 jp/rj/8