House File 748 - Introduced HOUSE FILE 748 BY BAGNIEWSKI A BILL FOR An Act relating to child endangerment, and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2755YH (5) 91 as/js

H.F. 748 Section 1. Section 726.6, subsection 1, unnumbered 1 paragraph 1, Code 2025, is amended to read as follows: 2 A person who is the parent, guardian, or person having 3 custody or control over a child or a minor under the age of 4 eighteen with a mental or physical disability, except as 5 provided in paragraph “d” , or a person who is a member of the 6 household in which a child or such a minor resides, commits 7 child endangerment when the person does any of the following: 8 Sec. 2. Section 726.6, subsection 1, paragraph d, Code 2025, 9 is amended to read as follows: 10 d. Willfully deprives a any child or minor under the age of 11 eighteen, whether the child or minor has a mental or physical 12 disability or not, of necessary food, clothing, shelter, health 13 care or supervision appropriate to the child or minor’s age, 14 when the person is reasonably able to make the necessary 15 provisions and which deprivation substantially harms the child 16 or minor’s physical, mental , or emotional health. For purposes 17 of this paragraph, the failure to provide specific medical 18 treatment shall not for that reason alone be considered willful 19 deprivation of health care if the person can show that such 20 treatment would conflict with the tenets and practice of a 21 recognized religious denomination of which the person is an 22 adherent or member. This exception does not in any manner 23 restrict the right of an interested party to petition the court 24 on behalf of the best interest of the child or minor. 25 Sec. 3. Section 726.6, subsections 7 and 8, Code 2025, are 26 amended to read as follows: 27 7. A person who commits child endangerment resulting in 28 bodily injury to a child or minor or child endangerment in 29 violation of subsection 1 , paragraph “g” “d” , that does not 30 result in a serious injury, or a person who commits child 31 endangerment in violation of subsection 2 , is guilty of a class 32 “D” “C” felony. 33 8. A person who commits child endangerment that is not 34 subject to penalty under subsection 5, 6, or 7 is guilty of an 35 -1- LSB 2755YH (5) 91 as/js 1/ 3

H.F. 748 aggravated misdemeanor resulting in bodily injury to a child 1 or minor, or child endangerment in violation of subsection 2 1, paragraph “g” , that does not result in serious injury, 3 or a person who commits child endangerment in violation of 4 subsection 2, is guilty of a class “D” felony . 5 Sec. 4. Section 726.6, Code 2025, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 9. A person who commits child endangerment 8 that is not subject to penalty under subsection 5, 6, 7, or 8 is 9 guilty of an aggravated misdemeanor. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to child endangerment. 14 The bill provides that a person who commits child 15 endangerment by willfully depriving any child or minor under 16 the age of 18, whether the child or minor has a mental or 17 physical disability or not, of necessary food, clothing, 18 shelter, health care, or supervision appropriate to the child’s 19 or minor’s age when the person is reasonably able to make the 20 necessary provisions and which deprivation substantially harms 21 the child’s or minor’s physical, mental, or emotional health is 22 guilty of a class “C” felony. 23 The bill provides that a person who commits child 24 endangerment resulting in bodily injury to a child or minor; 25 or who knowingly permits a child or minor to be present at 26 a location where amphetamine, its salts, isomers, or salts 27 of isomers, or methamphetamine, its salts, isomers, or salts 28 of isomers, is manufactured, that does not result in serious 29 injury; or who is required to register as a sex offender for 30 a sex offense against a minor who knowingly has control of a 31 minor, or who knowingly has unsupervised access to a minor, is 32 guilty of a class “D” felony. 33 The bill provides that a person who commits child 34 endangerment not subject to penalty under subsection 5, 6, 35 -2- LSB 2755YH (5) 91 as/js 2/ 3

H.F. 748 7, or 8 of Code section 726.6 is guilty of an aggravated 1 misdemeanor. 2 An aggravated misdemeanor is punishable by confinement for 3 no more than two years and a fine of at least $855 but not more 4 than $8,540. A class “D” felony is punishable by confinement 5 for no more than five years and a fine of at least $1,025 but 6 not more than $10,245. A class “C” felony is punishable by 7 confinement for no more than 10 years and a fine of at least 8 $1,370 but not more than $13,660. 9 -3- LSB 2755YH (5) 91 as/js 3/ 3