Bill Text: IA HF208 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the definition of child abuse and certain activities of a person responsible for the care of a child involving a dangerous substance.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2017-02-07 - Subcommittee: Salmon, Brown-Powers and Koester. H.J. 244. [HF208 Detail]

Download: Iowa-2017-HF208-Introduced.html

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House File 208 - Introduced




                                 HOUSE FILE       
                                 BY  HOLT, WHEELER,
                                     MOMMSEN, SHEETS,
                                     BAUDLER, McKEAN,
                                     WORTHAN, and CARLIN

                                      A BILL FOR

  1 An Act relating to the definition of child abuse and certain
  2    activities of a person responsible for the care of a child
  3    involving a dangerous substance.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 232.68, subsection 2, paragraph a,
  1  2 subparagraph (7), Code 2017, is amended to read as follows:
  1  3    (7)  (a)  The person responsible for the care of a child
  1  4 has, in the presence of the child, as defined in section 232.2,
  1  5 subsection 6, paragraph "p", used, possessed, manufactured,
  1  6 cultivated, or distributed a dangerous substance, as defined
  1  7 in section 232.2, subsection 6, paragraph "p", or in the
  1  8 presence of the child possesses a product containing ephedrine,
  1  9 its salts, optical isomers, salts of optical isomers, or
  1 10 pseudoephedrine, its salts, optical isomers, salts of optical
  1 11 isomers, with the intent to use the product as a precursor or
  1 12 an intermediary to a dangerous substance.
  1 13    (b)  For the purposes of this subparagraph, "in the presence
  1 14 of the child" means the physical presence of the child during
  1 15 the use, possession, manufacture, cultivation, or distribution;
  1 16 the use, possession, manufacture, cultivation, or distribution
  1 17 occurred in the child's home, on the premises, or in a motor
  1 18 vehicle located on the premises; or the use, possession,
  1 19 manufacture, cultivation, or distribution occurred under other
  1 20 circumstances in which a reasonably prudent person would
  1 21 know that the use, possession, manufacture, cultivation, or
  1 22 distribution may be seen, smelled, or heard by the child.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill relates to the definition of child abuse and
  1 27 certain activities of a person responsible for the care of a
  1 28 child involving a dangerous substance.
  1 29    Under current law, a person responsible for the care of
  1 30 a child who, in the presence of the child, manufactured a
  1 31 dangerous substance as defined in Code section 232.2, or
  1 32 possesses a product containing ephedrine, its salts, optical
  1 33 isomers, salts of optical isomers, or pseudoephedrine, its
  1 34 salts, optical isomers, salts of optical isomers, with the
  1 35 intent to use the product as a precursor or an intermediary to
  2  1 a dangerous substance, commits child abuse.  The bill amends
  2  2 this provision to include, in addition to the manufacture
  2  3 of a dangerous substance, the use, possession, cultivation,
  2  4 or distribution of a dangerous substance under the same
  2  5 circumstances.  The bill defines "in the presence of the child"
  2  6 to mean the physical presence of the child during the use,
  2  7 possession, manufacture, cultivation, or distribution; the use,
  2  8 possession, manufacture, cultivation, or distribution occurred
  2  9 in the child's home, on the premises, or in a motor vehicle
  2 10 located on the premises; or the use, possession, manufacture,
  2 11 cultivation, or distribution occurred under other circumstances
  2 12 in which a reasonably prudent person would know that the use,
  2 13 possession, manufacture, cultivation, or distribution may be
  2 14 seen, smelled, or heard by the child.
  2 15    Under current law, a person responsible for the care of a
  2 16 child includes a parent, guardian, or foster parent; a relative
  2 17 or any other person with whom the child resides and who assumes
  2 18 care or supervision of the child; an employee or agent of any
  2 19 public or private facility providing care for a child; or any
  2 20 person providing care for a child, but with whom the child
  2 21 does not reside.  A dangerous substance means an amphetamine,
  2 22 its salts, isomers, or salts of its isomers; methamphetamine,
  2 23 its salts, isomers, or salts of its isomers; a chemical or
  2 24 combination of chemicals that poses a reasonable risk of
  2 25 causing an explosion, fire, or other danger to the life or
  2 26 health of persons who are in the vicinity while the chemical or
  2 27 combination of chemicals is used or is intended to be used in
  2 28 certain circumstances relating to the manufacture of an illegal
  2 29 or controlled substance.
  2 30    Under current law, upon acceptance of a report of child
  2 31 abuse, the department of human services shall commence a child
  2 32 abuse assessment within 24 hours of receiving the report when
  2 33 the report alleges child abuse involving a dangerous substance.
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