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H.B. No. 0068 |
Methamphetamine-endangering children before birth. |
Sponsored By: Representative(s) Harvey, Gingery, Martin and White and Senator(s) Anderson, J., Barrasso and Hastert
AN ACT relating to children; amending the definition of "abuse" as specified; requiring drug courts, juvenile courts and state-supported treatment facilities to give priority to pregnant women and persons alleged to have abused children by prenatal exposure to methamphetamine; and providing for an effective date.
12/26/2006 Bill Number Assigned
1/9/2007 H Received for Introduction
1/10/2007 H Introduced and Referred to H10
1/22/2007 H Rereferred to H01
1/30/2007 H01 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Dockstader, Gingery, Mercer and Olsen
Nays: Representative(s) Bagby, Buchanan, Shepperson and Throne
Ayes 5 Nays 4 Excused 0 Absent 0 Conflicts 0
1/30/2007 H Placed on General File
2/5/2007 H Passed CoW
Page 3-line 3 After "mucosa" insert ", the newborn's meconium".
Page 5-line 17 After "mucosa" insert ", the newborn's meconium". HALLINAN
Page 1-Above line 1 In the catch title delete "Methamphetamine-"
Page 1-line 2 After "to" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 1-line 5 After "to" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 1-line 8 After "to" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 2-line 12 After "to" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 2-line 16 After "with" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 2-line 21 After "with" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 3-line 1 After "for" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 5-line 3 After "to" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 5-line 7 After "with" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 5-line 12 After "with" insert "alcohol, tobacco, non-prescribed controlled substances or".
Page 5-line 16 After "for" insert "alcohol, tobacco, non-prescribed controlled substances or". LANDON
2/6/2007 H Passed 2nd Reading
2/7/2007 H Laid Back Pursuant to HR 9-3
Page 1-line 1 Delete "providing that criminal child".
Page 1-lines 2 through 4 Delete entirely.
Page 1-line 5 Delete the line through "prenatally;" insert "amending the definition of "abuse" as specified;".
Page 1-line 6 After "courts" insert ", juvenile courts".
Page 1-line 7 Delete "charged with".
Page 1-line 8 Delete "endangering" insert "alleged to have abused".
Page 1-line 14 Delete "6-4-405 by creating a new subsection (d),".
Page 1-line 15 Delete "and" insert ","; delete "(iii)" insert "(ii) and 14-3-429(d)(ii)".
Page 2-line 5 Delete "charged with" insert "alleged to have abused".
Page 2-line 6 Delete "endangering"; delete "defined" insert "provided"; delete "6-4-405(d)" insert "14-3-202(a)(ii)(D)(I) through (III)".
Page 2-lines 8 through 22 Delete entirely.
Page 3-lines 1 through 3 Delete entirely, including the Hallinan second reading amendment (HB0068H2001/A) to these lines.
Page 4-line 5 Delete "charged with endangering" insert "alleged to have abused"; delete "defined" insert "provided".
Page 4-line 6 Delete "6-4-405(d)" insert "14-3-202(a)(ii)(D)(I) through (III)".
Page 4-lines 21 through 24 Delete entirely and insert:
"(ii) "Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14-11-101 through 14-11-109, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law:
(D) "Imminent
danger" includes threatened harm and means a statement, overt act,
condition or status which represents an immediate and substantial risk of
sexual abuse or physical or mental injury,. and includes
prenatal exposure to methamphetamine, as evidenced by:
(I) Withdrawal symptoms in the child at birth;
(II) Medical documentation of signs and symptoms consistent with methamphetamine exposure in the child at birth; or
(III) Results of a confirmed toxicology test for methamphetamine performed at birth on the mother, the child, the placenta, mucosa, the newborn's meconium or the umbilical cord.".
Page 5-lines 2 through 18 Delete entirely, including the Hallinan second reading amendment (HB0068H2001/A) to these lines and insert:
"14-3-429. Decree where child adjudged neglected; dispositions; terms and conditions; legal custody.
(d) As a part of any order of disposition and the terms and conditions thereof, the court may:
(ii) Order the child, or his parents, or both, to undergo evaluation and indicated treatment or another program designed to address problems which contributed to the adjudication, including any adjudication with respect to a neglected child who has been abused as provided in W.S. 14-3-202(a)(ii)(D)(I) through (III). A parent who willfully violates or neglects or refuses to comply with any order of the court may be found in contempt and punished as provided by W.S. 14-3-438;". SIMPSON
2/8/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Berger, Brechtel, Brown, Buchanan, Cohee, Davison, Dockstader, Edmonds, Gingery, Hallinan, Hammons, Harshman, Harvey, Jaggi, Jorgensen, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Walsh and White.
Nays: Representative(s) Bagby, Blake, Childers, Craft, Diercks, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Goggles, Iekel, Illoway, Jones, Landon, Millin, Throne, Wallis, Warren, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 39 Nays 21 Excused 0 Absent 0 Conflicts 0
2/9/2007 S Received for Introduction
2/20/2007 S Introduced and Referred to S10
2/22/2007 S10 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Aullman, Barrasso, Fecht, Hastert and Scott
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/22/2007 S Placed on General File; Did Not Consider in CoW