HF 303 (LSB 2386YH (1) 85)

HOUSE FILE 303

BY  HALL

A BILL FOR

An Act relating to child endangerment for willfully leaving a child unattended, and providing for a criminal 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.  Willfully leaves a child under ten years of age unattended in or at any place for such a period of time as creates a substantial risk to the child’s physical, mental, or emotional health or safety. This paragraph does not limit the applicability of child endangerment as described in paragraph “d”.
EXPLANATION
   This bill relates to the supervision of a child.
   Currently, a parent, guardian, person having custody or control over a child, or person who is a member of the household in which the child resides, commits child endangerment when such person willfully deprives a child of supervision appropriate to the child’s age, the person is reasonably able to make the necessary provisions, and the failure to provide the supervision substantially harms the child’s physical, mental, or emotional health.
   The bill provides that such a person also commits child endangerment when the person willfully leaves a child under the age of 10 unattended for such a period of time as creates a substantial risk to the child’s physical, mental, or emotional health or safety.
   A person who commits child endangerment is guilty of an aggravated misdemeanor which carries a maximum sentence of two years and has a minimum fine of $625 and a maximum fine of $6,250. A person who commits child endangerment resulting in the death of the child or minor is guilty of a class “B” felony which carries a maximum sentence of 50 years. A person who commits child endangerment that results in serious injury to the child or minor is guilty of a class “C” felony which carries a maximum sentence of 10 years and has a minimum fine of $1,000 and a maximum fine of $10,000. A person who commits child endangerment resulting in bodily injury to a child or minor is guilty of a class “D” felony which carries a maximum sentence of five years and has a minimum fine of $750 and a maximum fine of $7,500.