House File 99 - Introduced HOUSE FILE BY STRUYK, WINDSCHITL, FORRISTALL, SCHULTZ, ALONS, DRAKE, RAYHONS, HEATON, and HORBACH 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 the mother 2 of a newborn child who caused an illegal drug to be present in 3 the newborn child's body, and providing a penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1689YH 83 6 jp/nh/5 PAG LIN 1 1 Section 1. Section 726.6, subsection 1, Code 2009, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. i. By act or omission a newborn child's 1 4 mother caused an illegal drug to be present in the newborn 1 5 child's body and the drug's presence is a direct and 1 6 foreseeable consequence of the act or omission. Unless the 1 7 presence of the illegal drug caused death or serious injury to 1 8 the newborn child, the drug's presence shall be considered to 1 9 have caused bodily injury to the newborn child. For the 1 10 purposes of this paragraph, "newborn child" means an infant 1 11 who is three days of age or younger. 1 12 Sec. 2. Section 726.6, subsection 6, Code 2009, is amended 1 13 to read as follows: 1 14 6. A person who commits child endangerment resulting in 1 15 bodily injury to a child or minor or child endangerment in 1 16 violation of subsection 1, paragraph "g" or "i", that does not 1 17 result in a serious injury, is guilty of a class "D" felony. 1 18 EXPLANATION 1 19 This bill provides a new child endangerment offense under 1 20 Code section 726.6. The new offense applies to an act or 1 21 omission by the child's mother that caused an illegal drug to 1 22 be present in the body of a newborn child as a direct and 1 23 foreseeable consequence of the act or omission. The term 1 24 "newborn child" is defined to mean an infant who is three days 1 25 of age or younger. Unless the presence of the illegal drug 1 26 caused death or serious injury to the newborn child, the 1 27 drug's presence is considered to have caused bodily injury to 1 28 the child. A child endangerment offense that causes bodily 1 29 injury to a child is punishable as a class "D" felony. 1 30 LSB 1689YH 83 1 31 jp/nh/5