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Senate advances bill creating felonies for exposing children or elders at clandestine meth labs
Summary
Senate Bill 188, sponsored by Sen. Suazo, adds penalties for causing or permitting children and elderly persons to suffer injury from exposure to methamphetamine lab operations; sponsors cited DEA incident data and DFCS caseloads. Amendment adding 'recklessly' to the mens rea was adopted and the bill moved to third reading (23–0–6 absent).
Senators advanced Senate Bill 188, a public-safety bill that creates new criminal penalties for people who knowingly or recklessly cause or permit children or elderly people to be exposed to hazardous conditions arising from clandestine methamphetamine operations.
Sponsor Sen. Suazo framed the bill as a law-enforcement tool backed by federal and local agencies: he cited 1999 DEA reports of 64 fires, 40 explosions and 35 booby traps connected with clandestine labs and said Utah had more meth lab seizures than any other state. The bill would establish a third-degree felony for reckless, knowing, or intentional exposure that causes bodily injury to a child or elder; a second-degree felony where actual harm is caused; and a first-degree felony where exposure results in death.
The Senate adopted a small but significant amendment to insert the word “recklessly” after “knowingly” to broaden the mens rea elements that trigger criminal liability. Lawmakers also cited social-service data: the sponsor said Department of Family and Children's Services responded to 17,000 cases in 15 months, 1,700 of them related to substance abuse, many involving children.
By roll call the Senate placed SB 188, as amended, on the third-reading calendar by a recorded vote of 23 ayes, no nays, and six absent. The bill will return for final reading and a recorded third-reading vote.
