Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO CORRECTED INTRODUCED LLS NO. 14-0933.01 Jane Ritter x4342 SENATE BILL 14-178 SENATE SPONSORSHIP Kerr and Newell, HOUSE SPONSORSHIP Young, Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning the definition of a drug-endangered child for purposes of cases of child abuse or neglect in the criminal code. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill establishes a definition, as formulated by the state substance abuse trend and response task force, for a "drug-endangered child" for purposes of cases of child abuse or neglect in the criminal code. The bill creates the crime of child abuse for a person who is responsible for creating a situation or unreasonably permitting a child to be placed in a situation in which a child is drug-endangered and establishes penalties. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-6-401, amend (1) (c), (7) (e) (IV), and (7) (e) (V); and add (7) (d.3), (7) (d.4), and (7) (e) (VI) as follows: 18-6-401. Child abuse. (1) (c) A person commits child abuse if he or she is responsible for creating a situation in which a child is drug-endangered. As described in this paragraph (c), a child is drug-endangered if any of the following apply: (I) A person commits child abuse if, In the presence of a child, or on the premises where a child is found, or where a child resides, or in a vehicle containing a child, the person knowingly engages in the manufacture or attempted manufacture of a controlled substance, as defined by section 18-18-102 (5), or knowingly possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. It shall be no defense to the crime of child abuse, as described in this subparagraph (I), that the defendant did not know a child was present, a child could be found, a child resided on the premises, or that a vehicle contained a child. (II) A parent or lawful guardian of a child or a person having the care or custody of a child who knowingly allows the child to be present at or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know another person is engaged in the manufacture or attempted manufacture of methamphetamine. commits child abuse. (III) A parent or lawful guardian of a child or a person having the care or custody of a child who knowingly allows the child to be present at or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know another person possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of methamphetamine. commits child abuse. (IV) (A) Except as otherwise provided in this paragraph (c), in the presence of a child, or on the premises where a child is found or resides, or in a vehicle containing a child, a person knowingly and unlawfully distributes or obtains, or attempts to distribute or obtain, a controlled substance, as defined in section 18-18-102 (5), when any such activity poses a threat of injury to the child's life or health. For the purposes of this sub-subparagraph (A), it is not a defense to the crime of child abuse that the defendant did not know a child was present, a child could be found, a child resided on the premises, or that a vehicle contained a child. (B) A parent or lawful guardian of a child or a person having the care or custody of a child knowingly or recklessly allows the child to be present in any location where a person unlawfully distributes or obtains, or attempts to distribute or obtain, a controlled substance, as defined in section 18-18-102 (5), when any such activity poses a threat of injury to the child's life or health. (V) In the presence of a child, or on the premises where a child is found or resides, or in a vehicle containing a child, a person knowingly cultivates, produces, possesses, uses, or attempts to cultivate, produce, possess, or use a controlled substance, as defined in section 18-18-102 (5), is, or is attempted to be, possessed or used, when any such activity poses a threat of injury to the child's life or health. (7) (d.3) When a person commits child abuse as described in subparagraph (IV) of paragraph (c) of subsection (1) of this section, it is a class 1 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), it is a class 5 felony. (d.4) When a person commits child abuse as described in subparagraph (V) of paragraph (c) of subsection (1) of this section, it is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), it is a class 5 felony. (e) A person who has previously been convicted of a violation of this section or of an offense in any other state, the United States, or any territory subject to the jurisdiction of the United States that would constitute child abuse if committed in this state and who commits child abuse as provided in subparagraph (V) or (VI) of paragraph (a) of this subsection (7) or as provided in subparagraph (I) or (II) of paragraph (b) of this subsection (7) commits a class 5 felony if the trier of fact finds that the new offense involved any of the following acts: (IV) The defendant committed a continued pattern of acts of domestic violence, as that term is defined in section 18-6-800.3, in the presence of the child; or (V) The defendant participated in a continued pattern of extreme deprivation of hygienic or sanitary conditions in the child's daily living environment; or (VI) The defendant committed a continued pattern of creating a situation in which a child is drug-endangered, as defined in paragraph (c) of subsection (1) of this section. SECTION 2. Potential appropriation. Pursuant to section 2-2-703, Colorado Revised Statutes, any bill that results in a net increase in periods of imprisonment in the state correctional facilities must include an appropriation of moneys that is sufficient to cover any increased capital construction and operational costs for the first five fiscal years in which there is a fiscal impact. Because this act may increase periods of imprisonment, this act may require a five-year appropriation. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.