House
File
209
-
Introduced
HOUSE
FILE
209
BY
HOLT
A
BILL
FOR
An
Act
relating
to
the
presence
of
a
child
near
certain
1
dangerous
substances
for
purposes
of
declaring
a
child
a
2
child
in
need
of
assistance
and
establishing
the
existence
3
of
child
abuse.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
232.2,
subsection
6,
paragraph
p,
1
subparagraph
(2),
Code
2017,
is
amended
by
adding
the
following
2
new
subparagraph
divisions:
3
NEW
SUBPARAGRAPH
DIVISION
.
(0c)
Cocaine,
its
salts,
4
optical
and
geometric
isomers,
or
salts
of
isomers.
5
NEW
SUBPARAGRAPH
DIVISION
.
(00c)
Heroin,
its
salts,
6
optical
and
geometric
isomers,
or
salts
of
isomers.
7
NEW
SUBPARAGRAPH
DIVISION
.
(000c)
Opium
and
opiate,
and
any
8
salt,
compound,
derivative,
or
preparation
of
opium
or
opiate,
9
as
described
in
section
124.206,
subsection
2,
paragraphs
“a”
10
and
“b”
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
definition
of
a
dangerous
substance
15
for
purposes
of
child
in
need
of
assistance
and
child
abuse
16
proceedings
under
Code
chapter
232
(juvenile
justice).
17
Under
current
law,
an
unmarried
child
whose
parent,
18
guardian,
or
custodian
unlawfully
manufactures
a
dangerous
19
substance
in
the
presence
of
the
child,
knowingly
allows
20
such
manufacture
by
another
person
in
the
presence
of
the
21
child,
or
in
the
presence
of
the
child
possesses
a
product
22
containing
ephedrine
or
pseudoephedrine,
with
the
intent
23
to
use
the
product
as
a
precursor
or
an
intermediary
to
a
24
dangerous
substance,
may
be
the
subject
of
a
child
in
need
of
25
assistance
petition.
A
person
responsible
for
the
care
of
26
the
child
who
manufactures
a
dangerous
substance,
or
in
the
27
presence
of
the
child
possesses
a
product
containing
ephedrine
28
or
pseudoephedrine
with
the
intent
to
use
the
product
as
a
29
precursor
or
an
intermediary
to
a
dangerous
substance,
may
30
be
the
subject
of
an
allegation
of
child
abuse.
“Dangerous
31
substance”
means
an
amphetamine,
its
salts,
isomers,
or
salts
32
of
its
isomers;
methamphetamine,
its
salts,
isomers,
or
salts
33
of
its
isomers;
or
a
chemical
or
combination
of
chemicals
that
34
poses
a
reasonable
risk
of
causing
an
explosion,
fire,
or
other
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danger
to
the
life
or
health
of
persons
in
the
vicinity
while
1
the
chemical
or
combination
of
chemicals
is
used
or
is
intended
2
to
be
used
in
certain
circumstances
relating
to
the
manufacture
3
of
an
illegal
or
controlled
substance.
4
The
bill
includes
cocaine,
heroin,
and
opium
and
opiates,
5
and
their
salts,
isomers,
compounds,
and
derivatives,
in
6
the
list
of
dangerous
substances,
thus
making
the
presence
7
of
a
child
near
such
substances
an
essential
factor
in
some
8
circumstances
to
declare
a
child
a
child
in
need
of
assistance
9
or
to
establish
the
existence
of
child
abuse.
10
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