H-1425

   Amend  the Senate amendment, H-1417, to House File 296, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, after line 20 by inserting: 
<DIVISION ___
DRUG OVERDOSE PREVENTION AND CRIME VICTIM ASSISTANCE —— IMMUNITY

   Sec. ___.  Section 123.46, Code 2017, is amended by adding the following new subsection:
   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 124.414, 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. ___.  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 124.414.
   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.>>
   2.  Page 1, line 22, after <prescriptions,> by inserting <granting immunity from certain prosecutions,>
   3.  By renumbering as necessary.

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ISENHART of Dubuque

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ABDUL-SAMAD of Polk