H-1250

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

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ISENHART of Dubuque

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ABDUL-SAMAD of Polk