Bill Text: IA SSB3195 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to child endangerment and the termination of parental rights, and providing penalties.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-03-02 - Subcommittee: Garrett, Bisignano, and Schultz. [SSB3195 Detail]

Download: Iowa-2019-SSB3195-Introduced.html
Senate Study Bill 3195 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to child endangerment and the termination of 1 parental rights, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6371XC (3) 88 as/rh
S.F. _____ Section 1. Section 232.116, subsection 1, paragraph n, 1 subparagraph (2), Code 2020, is amended to read as follows: 2 (2) The parent has been convicted of child endangerment 3 resulting in the death of the child’s sibling, has been 4 convicted of three or more acts of child endangerment involving 5 the any child, the child’s sibling, or another child in 6 the household, or has been convicted of child endangerment 7 resulting in a serious injury to the any child , the child’s 8 sibling, or another child in the household . 9 Sec. 2. Section 726.6, Code 2020, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 5A. A county attorney who charges a person 12 with child endangerment resulting in serious injury to a 13 child or minor shall not reduce that charge if the person has 14 previously been convicted of child endangerment involving any 15 child or minor. 16 NEW SUBSECTION . 6A. A person who is convicted of three or 17 more acts of child endangerment is guilty of a class “D” felony 18 and notwithstanding section 901.5 or any other provision of 19 law, shall serve a mandatory minimum term of confinement of 20 five years in prison. 21 NEW SUBSECTION . 8. A person convicted of child 22 endangerment, including child endangerment resulting in 23 serious injury, shall complete a six-week child abuse education 24 program, attend anger management therapy, and submit to a 25 mental health evaluation upon completion of any sentence or 26 within a time specified by the court. The convicted person 27 shall comply with all recommendations of a therapist or mental 28 health professional. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to child endangerment and the termination 33 of parental rights, and provides penalties. 34 The bill provides that the court may order the termination 35 -1- LSB 6371XC (3) 88 as/rh 1/ 2
S.F. _____ of parental rights with respect to a child if a parent 1 has been convicted of child endangerment resulting in the 2 death of the child’s sibling, has been convicted of child 3 endangerment involving any child, or has been convicted of 4 child endangerment resulting in a serious injury to any child. 5 The bill provides that a county attorney who charges a person 6 with child endangerment resulting in serious injury shall not 7 reduce that charge if the person has previously been convicted 8 of child endangerment involving any child. 9 The bill provides that a person who is convicted of three or 10 more acts of child endangerment shall be guilty of a class “D” 11 felony, and notwithstanding any other provision of law, shall 12 serve a mandatory minimum term of confinement of five years in 13 prison. A class “D” felony is punishable by confinement for no 14 more than five years and a fine of at least $750 but not more 15 than $7,500. 16 The bill requires that a person convicted of child 17 endangerment, including child endangerment causing serious 18 injury, complete a six-week child abuse education program, 19 attend anger management therapy, and submit to a mental health 20 evaluation upon completion of any sentence or within a time 21 specified by the court. The convicted person shall comply 22 with all recommendations of a therapist or mental health 23 professional. 24 -2- LSB 6371XC (3) 88 as/rh 2/ 2
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