H.B.
315
CHILD AND VULNERABLE ADULT ENDANGERMENT PROVISIONS
house committee
Amendments
Amendment 1 February 14, 2008 5:47 pm
Representative Michael T. Morley
proposes the following amendments:
1. Page
6, Line 167 through Page 7, Line 199
:
167
(1) As used in this section:
168
{
(a) "Building" means any structure, other than a habitation or vehicle, that is:
169
(i) intended to be used, capable of being used, or adapted for use, on a permanent or
170
temporary basis, for business or storage; or
171
(ii) appurtenant to, or connected with, a structure described in Subsection (1)(a)(i).
}
172
{
(b)
}
(a)
(i) "Chemical substance" means:
173
(A) a substance intended to be used as a precursor in the manufacture of a controlled
174
substance;
175
(B) a substance intended to be used in the manufacture of a controlled substance; or
176
(C) any fumes or by-product resulting from the manufacture of a controlled substance.
177
(ii) Intent under this Subsection (1)
{
(b)
}
(a)
may be demonstrated by:
178
(A) the use, quantity, or manner of storage of the substance; or
179
(B) the proximity of the substance to other precursors or to manufacturing equipment.
180
{
(c)
}
(b)
"Child" means a human being who is under 18 years of age.
181
{
(d)
}
(c)
"Controlled substance" is as defined in Section
58-37-2
.
182
{
(e)
}
(d)
"Drug paraphernalia" is as defined in Section
58-37a-3
.
183
{
(f)
}
(e)
"Exposed to" means
{
to be present in:
184
(i) a habitation or vehicle where a controlled substance, chemical substance, or drug
185
paraphernalia is unlawfully present; or
186
(ii) a building, habitation, or vehicle where a controlled substance, chemical substance,
187
or drug paraphernalia is unlawfully used, manufactured, produced, or distributed
}
that the child or
vulnerable adult is able to:
(i) access or view a controlled substance, chemical substance, or drug paraphernalia; or
(ii) smell an odor produced during, or as a result of, the manufacture or production of a controlled
substance
.
188
{
(g) "Habitation" means:
189
(i) a residence or dwelling, including a shed, garage, or other appurtenant structure;
190
(ii) a hotel room or suite;
191
(iii) a motel room or suite;
192
(iv) an apartment unit;
193
(v) a condominium unit; or
194
(vi) any shelter, structure, watercraft, aircraft, trailer, sleeping car, or conveyance used,
195
intended to be used, or adapted for use, for overnight accommodation of a person.
}
196
{
(h)
}
(f)
"Prescription" is as defined in Section
58-37-2
.
197
{
(i)
}
(g)
"Vulnerable adult" is as defined in Subsection
76-5-111
(1)(t).
198
{
(j) "Vehicle" means a device in, on, or by which a person or property is or may be
199
transported, conveyed, or drawn.
}
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TomVaughn
TomVaughn