Bill Text: IA HF209 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 209 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the presence of a child near certain dangerous substances for purposes of declaring a child a child in need of assistance and establishing the existence of child abuse.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-07 - Subcommittee: Holt, Heaton and Hunter. H.J. 244. [HF209 Detail]

Download: Iowa-2017-HF209-Introduced.html


House File 209 - Introduced




                                 HOUSE FILE       
                                 BY  HOLT

                                      A BILL FOR

  1 An Act relating to the presence of a child near certain
  2    dangerous substances for purposes of declaring a child a
  3    child in need of assistance and establishing the existence
  4    of child abuse.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1999YH (3) 87
    rh/rj

PAG LIN



  1  1    Section 1.  Section 232.2, subsection 6, paragraph p,
  1  2 subparagraph (2), Code 2017, is amended by adding the following
  1  3 new subparagraph divisions:
  1  4    NEW SUBPARAGRAPH DIVISION.  (0c)  Cocaine, its salts,
  1  5 optical and geometric isomers, or salts of isomers.
  1  6    NEW SUBPARAGRAPH DIVISION.  (00c)  Heroin, its salts,
  1  7 optical and geometric isomers, or salts of isomers.
  1  8    NEW SUBPARAGRAPH DIVISION.  (000c)  Opium and opiate, and any
  1  9 salt, compound, derivative, or preparation of opium or opiate,
  1 10 as described in section 124.206, subsection 2, paragraphs "a"
  1 11 and "b".
  1 12                           EXPLANATION
  1 13 The inclusion of this explanation does not constitute agreement with
  1 14 the explanation's substance by the members of the general assembly.
  1 15    This bill relates to the definition of a dangerous substance
  1 16 for purposes of child in need of assistance and child abuse
  1 17 proceedings under Code chapter 232 (juvenile justice).
  1 18    Under current law, an unmarried child whose parent,
  1 19 guardian, or custodian unlawfully manufactures a dangerous
  1 20 substance in the presence of the child, knowingly allows
  1 21 such manufacture by another person in the presence of the
  1 22 child, or in the presence of the child possesses a product
  1 23 containing ephedrine or pseudoephedrine, with the intent
  1 24 to use the product as a precursor or an intermediary to a
  1 25 dangerous substance, may be the subject of a child in need of
  1 26 assistance petition.  A person responsible for the care of
  1 27 the child who manufactures a dangerous substance, or in the
  1 28 presence of the child possesses a product containing ephedrine
  1 29 or pseudoephedrine with the intent to use the product as a
  1 30 precursor or an intermediary to a dangerous substance, may
  1 31 be the subject of an allegation of child abuse. "Dangerous
  1 32 substance" means an amphetamine, its salts, isomers, or salts
  1 33 of its isomers; methamphetamine, its salts, isomers, or salts
  1 34 of its isomers; or a chemical or combination of chemicals that
  1 35 poses a reasonable risk of causing an explosion, fire, or other
  2  1 danger to the life or health of persons in the vicinity while
  2  2 the chemical or combination of chemicals is used or is intended
  2  3 to be used in certain circumstances relating to the manufacture
  2  4 of an illegal or controlled substance.
  2  5    The bill includes cocaine, heroin, and opium and opiates,
  2  6 and their salts, isomers, compounds, and derivatives, in
  2  7 the list of dangerous substances, thus making the presence
  2  8 of a child near such substances an essential factor in some
  2  9 circumstances to declare a child a child in need of assistance
  2 10 or to establish the existence of child abuse.
       LSB 1999YH (3) 87
       rh/rj