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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 - 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
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