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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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