Bill Text: IA HF167 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act establishing a child endangerment offense for the mother of a newborn child who caused an illegal drug to be present in the newborn child's body, and providing a penalty. (Formerly HSB 49)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF167 Detail]
Download: Iowa-2013-HF167-Introduced.html
House
File
167
-
Introduced
HOUSE
FILE
167
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
49)
A
BILL
FOR
An
Act
establishing
a
child
endangerment
offense
for
the
mother
1
of
a
newborn
child
who
caused
an
illegal
drug
to
be
present
2
in
the
newborn
child’s
body,
and
providing
a
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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167
Section
1.
Section
726.6,
subsection
1,
Code
2013,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
i.
By
act
or
omission
a
newborn
child’s
3
mother
caused
an
illegal
drug
to
be
present
in
the
newborn
4
child’s
body
and
the
drug’s
presence
is
a
direct
and
5
foreseeable
consequence
of
the
act
or
omission.
Unless
the
6
presence
of
the
illegal
drug
caused
death
or
serious
injury
7
to
the
newborn
child,
the
drug’s
presence
shall
be
considered
8
to
have
caused
bodily
injury
to
the
newborn
child.
For
the
9
purposes
of
this
paragraph,
“newborn
child”
means
an
infant
who
10
is
three
days
of
age
or
younger.
11
Sec.
2.
Section
726.6,
subsection
6,
Code
2013,
is
amended
12
to
read
as
follows:
13
6.
A
person
who
commits
child
endangerment
resulting
in
14
bodily
injury
to
a
child
or
minor
or
child
endangerment
in
15
violation
of
subsection
1
,
paragraph
“g”
or
“i”
,
that
does
not
16
result
in
a
serious
injury,
is
guilty
of
a
class
“D”
felony.
17
EXPLANATION
18
This
bill
provides
a
new
child
endangerment
offense
under
19
Code
section
726.6.
The
new
offense
applies
to
an
act
or
20
omission
by
the
child’s
mother
that
caused
an
illegal
drug
21
to
be
present
in
the
body
of
a
newborn
child
as
a
direct
and
22
foreseeable
consequence
of
the
act
or
omission.
The
term
23
“newborn
child”
is
defined
to
mean
an
infant
who
is
three
days
24
of
age
or
younger.
Unless
the
presence
of
the
illegal
drug
25
caused
death
or
serious
injury
to
the
newborn
child,
the
drug’s
26
presence
is
considered
to
have
caused
bodily
injury
to
the
27
child.
A
child
endangerment
offense
that
causes
bodily
injury
28
to
a
child
is
punishable
as
a
class
“D”
felony.
29
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