Senate
File
393
-
Introduced
SENATE
FILE
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
271)
(COMPANION
TO
LSB
2003HV
BY
COMMITTEE
ON
HUMAN
RESOURCES)
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
2003SV
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
2003SV
83
2
16
jp/rj/8