HF 748 (LSB 2755YH (5) 91)

HOUSE FILE 748

BY  BAGNIEWSKI

A BILL FOR

An Act relating to child endangerment, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 726.6, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, except as provided in paragraph “d”, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:
    Sec. 2.  Section 726.6, subsection 1, paragraph d, Code 2025, is amended to read as follows:
   d.  Willfully deprives a any child or minor under the age of eighteen, whether the child or minor has a mental or physical disability or not, of necessary food, clothing, shelter, health care or supervision appropriate to the child or minor’s age, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child or minor’s physical, mental, or emotional health. For purposes of this paragraph, the failure to provide specific medical treatment shall not for that reason alone be considered willful deprivation of health care if the person can show that such treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. This exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child or minor.
    Sec. 3.  Section 726.6, subsections 7 and 8, Code 2025, are amended to read as follows:
   7.  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” “d”, that does not result in a serious injury, or a person who commits child endangerment in violation of subsection 2, is guilty of a class “D” “C” felony.
   8.  A person who commits child endangerment that is not subject to penalty under subsection 5, 6, or 7 is guilty of an aggravated misdemeanor resulting in bodily injury to a child or minor, or child endangerment in violation of subsection 1, paragraph “g”, that does not result in serious injury, or a person who commits child endangerment in violation of subsection 2, is guilty of a class “D” felony.
    Sec. 4.  Section 726.6, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  A person who commits child endangerment that is not subject to penalty under subsection 5, 6, 7, or 8 is guilty of an aggravated misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to child endangerment.
   The bill provides that a person who commits child endangerment by willfully depriving any child or minor under the age of 18, whether the child or minor has a mental or physical disability or not, of necessary food, clothing, shelter, health care, or supervision appropriate to the child’s or minor’s age when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child’s or minor’s physical, mental, or emotional health is guilty of a class “C” felony.
   The bill provides that a person who commits child endangerment resulting in bodily injury to a child or minor; or who knowingly permits a child or minor to be present at a location where amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of isomers, is manufactured, that does not result in serious injury; or who is required to register as a sex offender for a sex offense against a minor who knowingly has control of a minor, or who knowingly has unsupervised access to a minor, is guilty of a class “D” felony.
   The bill provides that a person who commits child endangerment not subject to penalty under subsection 5, 6, 7, or 8 of Code section 726.6 is guilty of an aggravated misdemeanor.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.