Senate File 271 - Introduced





                                       SENATE FILE       
                                       BY  SCHMITZ and KREIMAN


    Passed Senate, Date               Passed House,  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 2003XS 83
  5 jp/rj/8

PAG LIN



  1  1    Section 1.  Section 232.2, subsection 6, Code 2009, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  r.  Whose parent, guardian, or other
  1  4 custodian allows the child access to obscene material as
  1  5 defined in section 728.1, or such material has been
  1  6 disseminated or exhibited to the child by the parent,
  1  7 guardian, other custodian, or person responsible for the care
  1  8 of the child as defined in section 232.68.
  1  9    Sec. 2.  Section 232.68, subsection 2, Code 2009, is
  1 10 amended by adding the following new paragraph:
  1 11    NEW PARAGRAPH.  j.  The person responsible for the care of
  1 12 a child or any other adult in contact with the child has
  1 13 directly or indirectly allowed the child access to obscene
  1 14 material as defined in section 728.1, or has disseminated or
  1 15 exhibited such material to the child.
  1 16                           EXPLANATION
  1 17    This bill relates to obscene material in child in need of
  1 18 assistance proceedings and child abuse cases.
  1 19    The bill modifies the definition of "child in need of
  1 20 assistance" to include situations where a parent, guardian, or
  1 21 other custodian, allows the child access to obscene material
  1 22 as defined in Code section 728.1, or such material has been
  1 23 disseminated or exhibited to the child by the parent,
  1 24 guardian, other custodian, or person responsible for the care
  1 25 of the child.  By modifying the definition of child in need of
  1 26 assistance to include such situations, a child who is
  1 27 adjudicated a child in need of assistance under Code section
  1 28 232.96 is subject to the least restrictive dispositional order
  1 29 pursuant to Code sections 232.100 through 232.102.
  1 30    The bill also modifies the term of "child abuse" to include
  1 31 situations where a person responsible for the care of the
  1 32 child or any other adult in contact with the child allows the
  1 33 child direct or indirect access to obscene material or
  1 34 disseminates or exhibits such material to the child.  By
  1 35 modifying the definition of "child abuse" to include such
  2  1 situations, a professional listed in Code section 232.69 is
  2  2 required to report the child abuse.  In addition a person who
  2  3 commits child abuse by allowing direct or indirect access to
  2  4 obscene material or disseminates or exhibits such material to
  2  5 the child, may be subject to the child abuse registry
  2  6 provisions.
  2  7    Under Code section 728.2, disseminating or exhibiting
  2  8 obscene material to a person under age 18 is a serious
  2  9 misdemeanor criminal offense.  Code chapter 728 includes other
  2 10 offenses involving a child's access to obscene materials.
  2 11 LSB 2003XS 83
  2 12 jp/rj/8