House
File
296
H-1425
Amend
the
Senate
amendment,
H-1417,
to
House
File
296,
as
1
amended,
passed,
and
reprinted
by
the
House,
as
follows:
2
1.
Page
1,
after
line
20
by
inserting:
3
<
DIVISION
___
4
DRUG
OVERDOSE
PREVENTION
AND
CRIME
VICTIM
ASSISTANCE
——
5
IMMUNITY
6
Sec.
___.
Section
123.46,
Code
2017,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
7.
A
person
shall
not
be
charged
or
9
prosecuted
for
a
violation
of
this
section
if
the
person
is
10
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
11
Sec.
___.
Section
123.47,
Code
2017,
is
amended
by
adding
12
the
following
new
subsection:
13
NEW
SUBSECTION
.
9.
A
person
shall
not
be
charged
or
14
prosecuted
for
a
violation
of
subsection
3
or
4
if
the
person
15
is
immune
from
charge
or
prosecution
pursuant
to
section
16
701.12.
17
Sec.
___.
Section
124.401,
Code
2017,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
6.
A
person
shall
not
be
charged
or
20
prosecuted
for
a
violation
of
subsection
5
if
the
person
is
21
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
22
Sec.
___.
Section
124.414,
Code
2017,
is
amended
by
adding
23
the
following
new
subsection:
24
NEW
SUBSECTION
.
4.
A
person
shall
not
be
charged
or
25
prosecuted
for
a
violation
of
this
section
if
the
person
is
26
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
27
Sec.
___.
NEW
SECTION
.
701.12
Persons
seeking
emergency
28
assistance
for
overdose
or
crime
victims
——
immunity.
29
1.
A
person
shall
not
be
charged
or
prosecuted
for
the
30
violation
of
any
of
the
following
offenses
if
the
evidence
31
for
the
charge
was
obtained
as
a
result
of
the
person
in
good
32
faith
seeking
emergency
assistance
for
the
person
or
another
33
person
due
to
an
alcohol
or
drug-related
overdose
or
because
34
the
person
or
other
person
is
a
victim
of
a
crime
prohibited
by
35
-1-
H1417.2603
(2)
87
jm/nh
1/
2
#1.
chapter
708,
709,
or
710A:
1
a.
Section
123.46.
2
b.
Section
123.47,
subsection
3
or
4.
3
c.
Section
124.401,
subsection
5.
4
d.
Section
124.414.
5
2.
To
be
eligible
for
immunity
under
this
section,
the
6
reporting
person,
or
persons
acting
in
concert,
must
do
all
of
7
the
following:
8
a.
Be
the
first
person
to
seek
emergency
assistance.
9
b.
Provide
the
reporting
person’s
name
and
contact
10
information
to
medical
or
law
enforcement
personnel.
11
c.
Remain
on
the
scene
until
assistance
arrives
or
is
12
provided.
13
d.
Cooperate
with
medical
and
law
enforcement
personnel.
14
3.
The
person
for
whom
emergency
assistance
was
sought
as
15
described
in
subsection
1
shall
not
be
charged
or
prosecuted
16
for
an
offense
listed
in
subsection
1.
>>
17
2.
Page
1,
line
22,
after
<
prescriptions,
>
by
inserting
18
<
granting
immunity
from
certain
prosecutions,
>
19
3.
By
renumbering
as
necessary.
20
______________________________
ISENHART
of
Dubuque
______________________________
ABDUL-SAMAD
of
Polk
-2-
H1417.2603
(2)
87
jm/nh
2/
2
#2.
#3.