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Senate Study Bill 3195 - IntroducedA Bill ForAn Act 1relating to child endangerment and the termination of
2parental rights, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.116, subsection 1, paragraph n,
2subparagraph (2), Code 2020, is amended to read as follows:
3(2) The parent has been convicted of child endangerment
4resulting in the death of the child’s sibling, has been
5convicted of three or more acts of child endangerment involving
6the any child, the child’s sibling, or another child in
7the household, or has been convicted of child endangerment
8resulting in a serious injury to the any child, the child’s
9sibling, or another child in the household.
10 Sec. 2. Section 726.6, Code 2020, is amended by adding the
11following new subsections:
12 NEW SUBSECTION. 5A. A county attorney who charges a person
13with child endangerment resulting in serious injury to a
14child or minor shall not reduce that charge if the person has
15previously been convicted of child endangerment involving any
16child or minor.
17 NEW SUBSECTION. 6A. A person who is convicted of three or
18more acts of child endangerment is guilty of a class “D” felony
19and notwithstanding section 901.5 or any other provision of
20law, shall serve a mandatory minimum term of confinement of
21five years in prison.
22 NEW SUBSECTION. 8. A person convicted of child
23endangerment, including child endangerment resulting in
24serious injury, shall complete a six-week child abuse education
25program, attend anger management therapy, and submit to a
26mental health evaluation upon completion of any sentence or
27within a time specified by the court. The convicted person
28shall comply with all recommendations of a therapist or mental
29health professional.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to child endangerment and the termination
34of parental rights, and provides penalties.
35The bill provides that the court may order the termination
-1-1of parental rights with respect to a child if a parent
2has been convicted of child endangerment resulting in the
3death of the child’s sibling, has been convicted of child
4endangerment involving any child, or has been convicted of
5child endangerment resulting in a serious injury to any child.
6The bill provides that a county attorney who charges a person
7with child endangerment resulting in serious injury shall not
8reduce that charge if the person has previously been convicted
9of child endangerment involving any child.
10The bill provides that a person who is convicted of three or
11more acts of child endangerment shall be guilty of a class “D”
12felony, and notwithstanding any other provision of law, shall
13serve a mandatory minimum term of confinement of five years in
14prison. A class “D” felony is punishable by confinement for no
15more than five years and a fine of at least $750 but not more
16than $7,500.
17The bill requires that a person convicted of child
18endangerment, including child endangerment causing serious
19injury, complete a six-week child abuse education program,
20attend anger management therapy, and submit to a mental health
21evaluation upon completion of any sentence or within a time
22specified by the court. The convicted person shall comply
23with all recommendations of a therapist or mental health
24professional.
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2parental rights, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.116, subsection 1, paragraph n,
2subparagraph (2), Code 2020, is amended to read as follows:
3(2) The parent has been convicted of child endangerment
4resulting in the death of the child’s sibling, has been
5convicted of three or more acts of child endangerment involving
6the any child, the child’s sibling, or another child in
7the household, or has been convicted of child endangerment
8resulting in a serious injury to the any child, the child’s
9sibling, or another child in the household.
10 Sec. 2. Section 726.6, Code 2020, is amended by adding the
11following new subsections:
12 NEW SUBSECTION. 5A. A county attorney who charges a person
13with child endangerment resulting in serious injury to a
14child or minor shall not reduce that charge if the person has
15previously been convicted of child endangerment involving any
16child or minor.
17 NEW SUBSECTION. 6A. A person who is convicted of three or
18more acts of child endangerment is guilty of a class “D” felony
19and notwithstanding section 901.5 or any other provision of
20law, shall serve a mandatory minimum term of confinement of
21five years in prison.
22 NEW SUBSECTION. 8. A person convicted of child
23endangerment, including child endangerment resulting in
24serious injury, shall complete a six-week child abuse education
25program, attend anger management therapy, and submit to a
26mental health evaluation upon completion of any sentence or
27within a time specified by the court. The convicted person
28shall comply with all recommendations of a therapist or mental
29health professional.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to child endangerment and the termination
34of parental rights, and provides penalties.
35The bill provides that the court may order the termination
-1-1of parental rights with respect to a child if a parent
2has been convicted of child endangerment resulting in the
3death of the child’s sibling, has been convicted of child
4endangerment involving any child, or has been convicted of
5child endangerment resulting in a serious injury to any child.
6The bill provides that a county attorney who charges a person
7with child endangerment resulting in serious injury shall not
8reduce that charge if the person has previously been convicted
9of child endangerment involving any child.
10The bill provides that a person who is convicted of three or
11more acts of child endangerment shall be guilty of a class “D”
12felony, and notwithstanding any other provision of law, shall
13serve a mandatory minimum term of confinement of five years in
14prison. A class “D” felony is punishable by confinement for no
15more than five years and a fine of at least $750 but not more
16than $7,500.
17The bill requires that a person convicted of child
18endangerment, including child endangerment causing serious
19injury, complete a six-week child abuse education program,
20attend anger management therapy, and submit to a mental health
21evaluation upon completion of any sentence or within a time
22specified by the court. The convicted person shall comply
23with all recommendations of a therapist or mental health
24professional.
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