Senate File 332 H-1250 Amend Senate File 332, as passed by the Senate, as follows: 1 1. Page 3, after line 5 by inserting: 2 < Sec. ___. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. > 5 2. Page 3, by striking lines 7 through 9 and inserting: 6 < DRUG OVERDOSE PREVENTION AND CRIME VICTIM ASSISTANCE 7 Sec. ___. Section 123.46, Code 2017, is amended by adding 8 the following new subsections: 9 NEW SUBSECTION . 7. A person shall not be charged or 10 prosecuted for a violation of this section if the person is 11 immune from charge or prosecution pursuant to section 701.12. 12 Sec. ___. Section 123.47, Code 2017, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 9. A person shall not be charged or 15 prosecuted for a violation of subsection 3 or 4 if the person 16 is immune from charge or prosecution pursuant to section 17 701.12. 18 Sec. ___. Section 124.401, Code 2017, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 6. A person shall not be charged or 21 prosecuted for a violation of subsection 5 if the person is 22 immune from charge or prosecution pursuant to section 701.12. 23 Sec. ___. Section 124.407, Code 2017, is amended by adding 24 the following new unnumbered paragraph: 25 NEW UNNUMBERED PARAGRAPH . A person shall not be charged or 26 prosecuted for a violation of this section if the person is 27 immune from charge or prosecution pursuant to section 701.12. 28 Sec. ___. Section 124.414, Code 2017, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 4. A person shall not be charged or 31 prosecuted for a violation of this section if the person is 32 immune from charge or prosecution pursuant to section 701.12. 33 Sec. ___. Section 321.284, Code 2017, is amended by adding 34 the following new subsection: 35 -1- SF332.1879 (3) 87 jh/nh 1/ 3 #1. #2.
NEW SUBSECTION . 3. A person shall not be charged or 1 prosecuted for a violation of this section if the person is 2 immune from charge or prosecution pursuant to section 701.12. 3 Sec. ___. Section 321.284A, Code 2017, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 6. A person shall not be charged or 6 prosecuted for a violation of this section if the person is 7 immune from charge or prosecution pursuant to section 701.12. 8 Sec. ___. NEW SECTION . 701.12 Persons seeking emergency 9 assistance for overdose or crime victims —— immunity. 10 1. A person shall not be charged or prosecuted for the 11 violation of any of the following offenses if the evidence 12 for the charge was obtained as a result of the person in good 13 faith seeking emergency assistance for the person or another 14 person due to an alcohol or drug-related overdose or because 15 the person or other person is a victim of a crime prohibited by 16 chapter 708, 709, or 710A: 17 a. Section 123.46. 18 b. Section 123.47, subsection 3 or 4. 19 c. Section 124.401, subsection 5. 20 d. Section 124.407. 21 e. Section 124.414. 22 f. Section 321.284. 23 g. Section 321.284A. 24 2. To be eligible for immunity under this section, the 25 reporting person, or persons acting in concert, must do all of 26 the following: 27 a. Be the first person to seek emergency assistance. 28 b. Provide the reporting person’s name and contact 29 information to medical or law enforcement personnel. 30 c. Remain on the scene until assistance arrives or is 31 provided. 32 d. Cooperate with medical and law enforcement personnel. 33 3. The person for whom emergency assistance was sought as 34 described in subsection 1 shall not be charged or prosecuted 35 -2- SF332.1879 (3) 87 jh/nh 2/ 3
for an offense listed in subsection 1. > 1 3. Title page, line 1, after < schedules, > by inserting 2 < providing immunity from certain criminal offenses for persons 3 who report, seek, or require emergency assistance for alcohol 4 or drug-related overdoses or protection from certain crimes, > 5 4. By renumbering as necessary. 6 ______________________________ ISENHART of Dubuque ______________________________ ABDUL-SAMAD of Polk -3- SF332.1879 (3) 87 jh/nh 3/ 3 #3. #4.