HF 167 (LSB 1665HV (1) 85)

HOUSE FILE 167

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 49)

A BILL FOR

An Act establishing a child endangerment offense for the mother of a newborn child who caused an illegal drug to be present in the newborn child’s body, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 726.6, subsection 1, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  By act or omission a newborn child’s mother caused an illegal drug to be present in the newborn child’s body and the drug’s presence is a direct and foreseeable consequence of the act or omission. Unless the presence of the illegal drug caused death or serious injury to the newborn child, the drug’s presence shall be considered to have caused bodily injury to the newborn child. For the purposes of this paragraph, “newborn child” means an infant who is three days of age or younger.
    Sec. 2.  Section 726.6, subsection 6, Code 2013, is amended to read as follows:
   6.  A person who commits child endangerment resulting in bodily injury to a child or minor or child endangerment in violation of subsection 1, paragraph “g”
 
or “i”, that does not result in a serious injury, is guilty of a class “D” felony.
EXPLANATION
   This bill provides a new child endangerment offense under Code section 726.6. The new offense applies to an act or omission by the child’s mother that caused an illegal drug to be present in the body of a newborn child as a direct and foreseeable consequence of the act or omission. The term “newborn child” is defined to mean an infant who is three days of age or younger. Unless the presence of the illegal drug caused death or serious injury to the newborn child, the drug’s presence is considered to have caused bodily injury to the child. A child endangerment offense that causes bodily injury to a child is punishable as a class “D” felony.