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.