1st Sub.
H.B.
460
CHILD AND FAMILY PROTECTION
house floor
Amendments
Amendment 1 February 22, 2007 10:23 am
Representative Lorie D. Fowlke
proposes the following amendments:
1. Page
1, Lines 15 through 20
:
15
. provides that a person who commits child abandonment, or encourages or causes
16
another to commit child abandonment, or an enterprise that encourages, commands,
17
or causes another to commit child abandonment is:
18
.
{
guilty of a class A misdemeanor;
19
. if the child abandonment results in physical injury to the child,
}
guilty of a felony
20
of the third degree; or
2. Page
5, Line 145 through Page 6, Line 158
:
145
(4) A person who commits child abandonment, or encourages or causes another to
146
commit child abandonment, or an enterprise that encourages, commands, or causes another to
147
commit child abandonment, is:
148
{
(a) except as provided in Subsection (4)(b) or (c), guilty of a class A misdemeanor;
}
149
{
(b)
}
(a)
except as provided in Subsection (4)
{
(c)
}
(b)
, guilty of a felony of the third
degree
{
if, as a
150
result of the child abandonment, the child suffers a physical injury
}
; or
151
{
(c)
}
(b)
guilty of a felony of the second degree if, as a result of the child abandonment:
152
(i) the child suffers a serious physical injury; or
153
(ii) the person or enterprise receives, directly or indirectly, any benefit.
154
(5) (a) In addition to the penalty described in Subsection (4)
{
(c)
}
(b)
(ii), the court may order
155
the person or enterprise described in Subsection (4)
{
(c)
}
(b)
(ii) to pay the costs of investigating and
156
prosecuting the offense and the costs of securing any forfeiture provided for under Subsection
157
(5)(b).
158
(b) Any tangible or pecuniary benefit received under Subsection (4)
{
(c)
}
(b)
(ii) is subject to
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hb0460s01.hfa.01.wpd
LRGC
TomVaughn
TomVaughn