2006 Legislation
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SENATE BILL NO. 1337 – Controlled substance/endanger child

SENATE BILL NO. 1337

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Bill Status



S1337................................................by JUDICIARY AND RULES
CONTROLLED SUBSTANCES - Adds to existing law relating to the use of
controlled substances endangering children to prohibit specified acts; to
permit an inference of consumption of controlled substances; to provide for
the consideration of drug treatment or drug court options; to limit
application; to define terms; to provide punishment; and to limit the duty
to report in certain areas.
                                                                        
02/02    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to Jud
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/23    3rd rdg
02/28    PASSED - 18-16-1
      AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Fulcher, Geddes, Hill, Jorgenson, Lodge, McGee,
      McKenzie, Pearce, Richardson, Sweet, Williams
      NAYS -- Broadsword, Coiner, Compton, Corder, Gannon, Goedde, Kelly,
      Keough, Langhorst, Little, Malepeai, Marley, Schroeder, Stegner,
      Stennett, Werk
      Absent and excused -- Burkett
    Floor Sponsor - Darrington
    Title apvd - to House
03/01    House intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1337
                                                                        
                              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 SPECI-
  4        FIED ACTS, TO PERMIT AN INFERENCE OF CONSUMPTION OF CONTROLLED SUBSTANCES,
  5        TO PROVIDE FOR THE CONSIDERATION OF DRUG TREATMENT OR DRUG COURT  OPTIONS,
  6        TO  LIMIT APPLICATION, TO DEFINE TERMS, TO PROVIDE PUNISHMENT AND TO LIMIT
  7        THE DUTY TO REPORT IN CERTAIN CASES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 27, Title 37, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 37-2732D, Idaho Code, and to read as follows:
                                                                        
 12        37-2732D.  USE OF CONTROLLED SUBSTANCES ENDANGERING CHILDREN.  (1)  Except
 13    as authorized by this chapter, it is unlawful:
 14        (a)  For any person to knowingly introduce a controlled substance into the
 15        body of a female that person knows to be pregnant;
 16        (b)  For  any  female who knows she is pregnant to knowingly use, consume,
 17        inhale, or otherwise introduce a controlled substance into her body;
 18        (c)  For any person to knowingly permit or intentionally cause a child  to
 19        ingest,  inhale, or otherwise introduce into the child's body a controlled
 20        substance.
 21        (2)  For purposes of subsection (1)(b) of this section, it is a  permissi-
 22    ble  inference  that  a pregnant female has consumed a controlled substance if
 23    during the pregnancy the female tests positive for  the  presence  of  a  con-
 24    trolled substance or if the female or her newborn child tests positive for the
 25    presence of a controlled substance upon the birth of the newborn child.
 26        (3)  For purposes of subsection (1)(b) of this section, upon the filing of
 27    the charge, throughout the pendency of the case and throughout the term of the
 28    pregnancy,  the  court  shall first consider an order placing the defendant in
 29    drug treatment or drug court, if available, if appropriate and if the offender
 30    qualifies, provided however, that no person has a right to be placed  in  such
 31    drug  treatment  or drug court. This order shall only apply prior to a convic-
 32    tion or guilty plea if the defendant consents to such  treatment.  Consent  to
 33    substance  abuse treatment shall be considered by the court in setting bail or
 34    release on own recognizance in conjunction with the other facts to be  consid-
 35    ered pursuant to Idaho criminal rules.
 36        (4)  The  provisions  of  this section shall not apply when the controlled
 37    substance in question is legally used, consumed, inhaled, ingested  or  other-
 38    wise  introduced  into  the  body  of a pregnant female or child pursuant to a
 39    valid prescription.
 40        (5)  As used in this section:
 41        (a)  "Child" means any individual under the age of eighteen (18) years and
 42        includes embryos and fetuses, as those terms are used in  section  18-907,
 43        Idaho Code; and
                                                                        
                                           2
                                                                        
  1        (b)  "Controlled  substances"  means  controlled  substances as defined in
  2        schedules I and II in this chapter.
  3        (6)  A violation of this section is a felony. Any fine imposed  under  the
  4    provisions  of  this  section  may  be in addition to the fine imposed for any
  5    other offense, and any term of imprisonment may be  consecutive  to  any  term
  6    imposed  for  any  other  offense,  regardless of whether the violation of the
  7    provisions of this section and any of the other offenses have arisen from  the
  8    same act or transaction.
  9        (7)  A physician or other licensed health care professional, or any person
 10    employed  or  otherwise  working  with such physician or other licensed health
 11    care professional, shall have no duty to report that a patient  under  his  or
 12    her  care  may  have violated the provisions of subsection (1)(b) of this sec-
 13    tion, regardless of whether such a report may otherwise be  required  pursuant
 14    to  chapter 16, title 16, Idaho Code, section 39-1390, Idaho Code, chapter 18,
 15    title 54, Idaho Code, or any other law. A physician or other  licensed  health
 16    care  professional  who  reports a person for violating the provisions of this
 17    section shall be immune from liability  for  making  such  report  unless  the
 18    report was not made in good faith.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15815C1

This legislation creates a criminal statute to address the
alarming number of individuals using or possessing illegal
controlled substances in a manner directly affecting and
endangering infants and 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.  One of the main goals
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
users of illegal drugs who, by their conduct, knowingly permit or
intentionally cause a child to ingest an illegal controlled
substance, such as methamphetamine.


                           FISCAL NOTE

There is a fiscal impact, but it 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
also likely be an impact to county or local funds in the event
that those charged under this section seek and are granted
assistance with substance abuse treatment at a county or local
level.  The actual local fiscal impact is difficult to determine.





Contact
Name: Senator Denton Darrington 
Phone: 332-1317




STATEMENT OF PURPOSE/FISCAL NOTE                        S 1337