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S1218................................................by JUDICIARY AND RULES
CONTROLLED SUBSTANCE USE - Adds to existing law to prohibit certain conduct
relating to the use of controlled substances endangering children; to
provide for prima facie evidence; to provide for the consideration of drug
treatment or drug court under certain circumstances; to provide an
exemption; to define terms; to set forth punishment; to provide that health
care professionals shall have no duty to report; and to provide for
immunity.
03/17 Senate intro - 1st rdg - to printing
03/18 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1218
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CONTROLLED SUBSTANCES; AMENDING CHAPTER 27, TITLE 37, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 37-2732D, IDAHO CODE, TO PROHIBIT CERTAIN
4 CONDUCT RELATING TO THE USE OF CONTROLLED SUBSTANCES ENDANGERING CHILDREN,
5 TO PROVIDE FOR PRIMA FACIE EVIDENCE, TO PROVIDE FOR THE CONSIDERATION OF
6 DRUG TREATMENT OR DRUG COURT UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE AN
7 EXEMPTION, TO DEFINE TERMS, TO SET FORTH PUNISHMENT, TO PROVIDE THAT
8 HEALTH CARE PROFESSIONALS SHALL HAVE NO DUTY TO REPORT AND TO PROVIDE FOR
9 IMMUNITY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 27, Title 37, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 37-2732D, Idaho Code, and to read as follows:
14 37-2732D. USE OF CONTROLLED SUBSTANCES ENDANGERING CHILDREN. (1) Except
15 as authorized by this chapter, it is unlawful:
16 (a) For any person to knowingly introduce a controlled substance into the
17 body of a female that person knows to be pregnant;
18 (b) For any female who knows she is pregnant to knowingly use, consume,
19 inhale, or otherwise introduce a controlled substance into her body;
20 (c) For any person to knowingly permit or intentionally cause a child to
21 ingest, inhale or otherwise introduce into the child's body a controlled
22 substance.
23 (2) For purposes of subsection (1)(b) of this section, it shall be prima
24 facie evidence that a pregnant female has consumed a controlled substance if
25 during the pregnancy the female tests positive for the presence of a con-
26 trolled substance or if the female or her newborn child tests positive for the
27 presence of a controlled substance upon the birth of the newborn child.
28 (3) For purposes of subsection (1)(b) of this section, upon the filing of
29 the charge, throughout the pendency of the case and throughout the term of the
30 pregnancy, the court shall first consider an order placing the defendant in
31 drug treatment or drug court, if available, if appropriate and if the offender
32 qualifies for such drug treatment or drug court. This order shall only apply
33 prior to a conviction or guilty plea if the defendant consents to such treat-
34 ment. Consent to substance abuse treatment shall be considered by the court in
35 setting bail or release on own recognizance in conjunction with the other
36 facts to be considered pursuant to Idaho criminal rules.
37 (4) The provisions of this section shall not apply when the controlled
38 substance in question is legally used, consumed, inhaled, ingested or other-
39 wise introduced into the body of a pregnant female or child pursuant to a
40 valid prescription.
41 (5) As used in this section:
42 (a) "Child" means any individual under the age of eighteen (18) years and
43 includes embryos and fetuses, as those terms are used in section 18-907,
2
1 Idaho Code; and
2 (b) "Controlled substances" means controlled substances as defined in
3 schedules I and II in this chapter.
4 (6) A violation of this section is a felony. Any fine imposed under the
5 provisions of this section shall be in addition to the fine imposed for any
6 other offense, and any term of imprisonment shall be consecutive to any term
7 imposed for any other offense, regardless of whether the violation of the
8 provisions of this section and any of the other offenses have arisen from the
9 same act or transaction.
10 (7) A physician or other licensed health care professional shall have no
11 duty to report that a patient under his or her care may have violated the pro-
12 visions of this section, regardless of whether such a report may otherwise be
13 required pursuant to chapter 16, title 16, Idaho Code, section 39-1390, Idaho
14 Code, chapter 18, title 54, Idaho Code, or any other law. A physician or other
15 licensed health care professional who reports a person for violating the pro-
16 visions of this section shall be immune from liability for making such report
17 unless the report was not made in good faith.
STATEMENT OF PURPOSE
RS 15102C1
This legislation is intended to create a criminal statute to
address the alarming increase in the number of children and
infants endangered by individuals who use or possess illegal
controlled substances in a manner that directly affects children.
This bill creates a general felony crime, punishable by up to
five (5) years in prison or a fifty thousand dollar ($50,000.00)
fine. However, with regard to a pregnant female who violates
this proposed law, the statute directs the courts to first
consider an order for substance abuse treatment or drug court
where appropriate. The intent of this legislation is to prevent,
whenever possible, the birth of babies with methamphetamine, or
other dangerous illegal drugs, in their tiny systems. Further,
this bill is intended to address the conduct of users of illegal
drugs who, by their conduct, knowingly permit or intentionally
cause a child to ingest an illegal controlled substance.
Fiscal Impact
There fiscal impact is difficult to determine with certainty.
The potential impact to the general fund would be equal to the
cost of imprisoning the number of offenders charged, convicted
and sentenced to prison under this section. There will likely be
an impact to local funds in the event that those charged under
this section apply for and are granted county financial
assistance with substance abuse treatment. Again, the actual
local impact figure is difficult to determine.
Contact
Name: Senator Darrington
Phone: 332-1317
Name: Heather Riley
Ada County Prosecuting Attorneys
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1218