Bill Text: IA SF88 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the presence of an illegal drug in a newborn's body, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-25 - Subcommittee recommends indefinite postponement. []. [SF88 Detail]
Download: Iowa-2023-SF88-Introduced.html
Senate
File
88
-
Introduced
SENATE
FILE
88
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
presence
of
an
illegal
drug
in
a
1
newborn’s
body,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
135.131A
Newborn
umbilical
cord
1
drug
testing.
2
1.
For
the
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Birth
center”
means
birth
center
as
defined
in
section
5
135.61.
6
b.
“Birthing
hospital”
means
a
private
or
public
hospital
7
licensed
pursuant
to
chapter
135B
that
has
a
licensed
obstetric
8
unit
or
is
licensed
to
provide
obstetric
services.
9
2.
All
newborns
born
in
a
birth
center
or
birthing
hospital
10
in
this
state
shall
be
tested
for
the
presence
of
an
illegal
11
drug
in
the
newborn’s
body.
The
test
shall
be
conducted
12
utilizing
blood
from
the
newborn’s
umbilical
cord
pursuant
to
13
rules
of
the
department.
14
3.
The
department
shall
adopt
rules
as
necessary
for
the
15
administration
of
this
section
pursuant
to
chapter
17A.
16
Sec.
2.
Section
232.96A,
Code
2023,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
18.
The
child
is
a
newborn
infant
in
whose
19
body
there
is
an
illegal
drug
present
at
the
time
of
birth.
The
20
presence
of
the
illegal
drug
shall
be
determined
in
accordance
21
with
section
135.131A.
22
Sec.
3.
Section
726.6,
subsection
1,
Code
2023,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
j.
By
act
or
omission,
an
illegal
drug
25
is
found
to
be
present
in
the
newborn’s
body
and
the
drug’s
26
presence
is
a
direct
and
foreseeable
consequence
of
the
act
or
27
omission.
Unless
the
presence
of
the
illegal
drug
caused
death
28
or
serious
injury
to
the
newborn,
the
drug’s
presence
shall
be
29
considered
to
have
caused
bodily
injury
to
the
newborn.
For
30
purposes
of
this
paragraph,
“newborn”
means
an
infant
who
is
31
three
days
of
age
or
younger.
32
Sec.
4.
Section
726.6,
subsection
7,
Code
2023,
is
amended
33
to
read
as
follows:
34
7.
A
person
who
commits
child
endangerment
resulting
in
35
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88
bodily
injury
to
a
child
or
minor
or
child
endangerment
in
1
violation
of
subsection
1
,
paragraph
“g”
or
“j”
,
that
does
2
not
result
in
a
serious
injury,
or
a
person
who
commits
child
3
endangerment
in
violation
of
subsection
2
,
is
guilty
of
a
class
4
“D”
felony.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
presence
of
an
illegal
drug
in
a
9
newborn’s
body.
10
The
bill
provides
that
each
newborn
born
in
a
birth
center
11
or
birthing
hospital
is
required
to
be
tested
for
the
presence
12
of
an
illegal
drug
in
the
newborn’s
body.
The
test
shall
13
be
conducted
utilizing
umbilical
cord
testing
pursuant
to
14
administrative
rules.
Positive
tests
shall
be
reported
to
the
15
department
of
health
and
human
services.
The
bill
directs
16
the
department
to
adopt
rules
as
necessary
to
administer
the
17
provisions
of
the
bill
pursuant
to
Code
chapter
17A.
18
The
bill
provides
that
a
newborn
with
an
illegal
drug
present
19
in
the
newborn’s
body
at
the
time
of
birth
provides
grounds
for
20
a
court
to
adjudicate
that
the
newborn
is
a
child
in
need
of
21
assistance
pursuant
to
Code
section
232.96A.
22
The
bill
establishes
a
child
endangerment
offense
for
an
act
23
or
omission
which
causes
an
illegal
drug
to
be
present
in
the
24
body
of
the
newborn
if
the
presence
of
the
illegal
drug
in
the
25
body
of
the
newborn
is
a
direct
and
foreseeable
consequence
of
26
the
act
or
omission.
The
term
“newborn”
means
an
infant
who
27
is
three
days
of
age
or
younger.
Unless
the
presence
of
the
28
illegal
drug
caused
death
or
serious
injury
to
the
newborn,
the
29
drug’s
presence
is
considered
to
have
caused
bodily
injury
to
30
the
newborn.
31
A
child
endangerment
offense
that
causes
bodily
injury
to
a
32
child
is
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
33
by
confinement
for
no
more
than
five
years
and
a
fine
of
at
34
least
$1,025
but
not
more
than
$10,245.
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