HF 2207 (LSB 5895YH (2) 85)

HOUSE FILE 2207

BY  ABDUL-SAMAD

A BILL FOR

An Act granting immunity from prosecution to persons seeking medical assistance in possession-of-a-controlled-substance cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  124.401G  Possession of a controlled substance —— immunity.
   1.  A person who, in good faith, seeks medical assistance for another person experiencing a controlled substance overdose shall not be charged or prosecuted for possession of a controlled substance under section 124.401 if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance for the other person.
   2.  A person experiencing a controlled substance overdose who is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance under section 124.401 if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
   3.  A person, acting in good faith, may receive a naloxone prescription, possess naloxone, and administer naloxone to another person suffering from an apparent opiate-related overdose.
   4.  This section shall not be used as grounds for the suppression of evidence in other criminal offenses.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill grants immunity from prosecution to certain persons seeking medical assistance in possession-of-a-controlled-substance cases.
   Under the bill, a person who, in good faith, seeks medical assistance for another person experiencing a controlled substance overdose shall not be charged or prosecuted for possession of a controlled substance if the evidence for the charge was obtained as a result of the person seeking medical assistance for the other person.
   The bill provides that a person experiencing an overdose who is in need of medical assistance shall also not be charged or prosecuted for possession of a controlled substance if the evidence for the charge was obtained as a result of the overdose and the need for medical assistance.
   The bill specifies that a person, acting in good faith, may receive a naloxone prescription, possess naloxone, and administer naloxone to another person suffering from an apparent opiate-related overdose.
   The bill shall not be used as grounds for the suppression of evidence in other criminal offenses.