Senate File 43 - Introduced SENATE FILE 43 BY BOLKCOM A BILL FOR An Act relating to immunity from certain criminal offenses 1 for persons who report or seek medical assistance for a 2 drug-related overdose, and modifying penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1506XS (2) 87 jh/nh

S.F. 43 Section 1. NEW SECTION . 124.417 Persons seeking medical 1 assistance for drug-related overdose. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Drug-related overdose” means a condition of a person for 5 which each of the following is true: 6 (1) The person is in need of medical assistance. 7 (2) The person displays symptoms including but not limited 8 to extreme physical illness, pinpoint pupils, decreased level 9 of consciousness including coma, or respiratory depression. 10 (3) The person’s condition is the result of, or a prudent 11 layperson would reasonably believe such condition to be the 12 result of, the consumption or use of a controlled substance. 13 b. “Overdose patient” means a person who is, or would 14 reasonably be perceived to be, suffering a drug-related 15 overdose. 16 c. “Overdose reporter” means a person who seeks medical 17 assistance for an overdose patient. 18 d. “Protected information” means information or evidence 19 collected or derived as a result of any of the following: 20 (1) An overdose patient’s good-faith actions to seek 21 medical assistance while experiencing a drug-related overdose. 22 (2) An overdose reporter’s good-faith actions to seek 23 medical assistance for an overdose patient experiencing a 24 drug-related overdose if all of the following are true: 25 (a) The overdose patient is in need of medical assistance 26 for an immediate health or safety concern. 27 (b) The overdose reporter is the first person to seek 28 medical assistance for the overdose patient. 29 (c) The overdose reporter provides the overdose reporter’s 30 name and contact information to medical or law enforcement 31 personnel. 32 (d) The overdose reporter remains on the scene until 33 assistance arrives or is provided. 34 (e) The overdose reporter cooperates with medical and law 35 -1- LSB 1506XS (2) 87 jh/nh 1/ 3

S.F. 43 enforcement personnel. 1 2. Protected information shall not be considered to support 2 probable cause and shall not be admissible as evidence against 3 an overdose patient or overdose reporter for any of the 4 following offenses: 5 a. Violation of section 124.401, subsection 1. 6 b. Possession of a controlled substance under section 7 124.401, subsection 5. 8 c. Violation of section 124.407. 9 d. Violation of section 124.414. 10 3. A person’s pretrial release, probation, supervised 11 release, or parole shall not be revoked based on protected 12 information. 13 4. Notwithstanding any other provision of law to the 14 contrary, a court may consider the act of providing first aid 15 or other medical assistance to someone who is experiencing a 16 drug-related overdose as a mitigating factor in a criminal 17 prosecution. 18 5. This section shall not be construed to limit the use or 19 admissibility of any evidence in a criminal case other than as 20 provided in subsection 2. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill provides immunity from certain criminal offenses 25 when a person reports or seeks medical assistance for a 26 drug-related overdose. 27 Under the bill, if a person seeks medical assistance for 28 another person experiencing a drug-related overdose, or if 29 a person experiencing a drug-related overdose seeks medical 30 assistance, the person is immune from prosecution for the 31 possession or use of a controlled substance or possession of 32 drug paraphernalia. Immunity for a person who seeks medical 33 assistance for another is only available if the person is 34 the first to seek medical assistance, provides such person’s 35 -2- LSB 1506XS (2) 87 jh/nh 2/ 3

S.F. 43 name and contact information to medical or law enforcement 1 personnel, remains on the scene until assistance arrives or 2 is provided, and cooperates with medical and law enforcement 3 personnel. 4 The bill further provides that a person’s pretrial release, 5 probation, supervised release, or parole shall not be revoked 6 based on information collected because the person, personally 7 or for another, sought medical assistance due to a drug-related 8 overdose. 9 The bill provides that a court may consider the act of 10 providing first aid or other medical assistance to someone who 11 is experiencing a drug-related overdose as a mitigating factor 12 in a criminal prosecution. 13 -3- LSB 1506XS (2) 87 jh/nh 3/ 3