HSB 22 (LSB 1216YC (3) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act creating the criminal offense of defrauding a drug or alcohol test and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 715A.1, Code 2021, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  “Drug or alcohol test” includes a drug or alcohol test given in a private-sector workplace pursuant to section 730.5 and a drug or alcohol test given by a public employer.
   NEW SUBSECTION.  1B.  “Public employer” means the state, its boards, commissions, agencies, and departments, and its political subdivisions including school districts and other special purpose districts.
   NEW SUBSECTION.  1C.  “Synthetic urine” means any substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine for the purpose of defrauding a drug or alcohol test.
   NEW SUBSECTION.  1D.  “Urine additive” means any substance that is designed to be added to human urine for the purpose of defrauding a drug or alcohol test.
    Sec. 2.  NEW SECTION.  715A.11  Synthetic urine and urine additives —— defrauding drug or alcohol test.
   1.  A person shall not manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test.
   2.  A person shall not knowingly use the person’s own urine expelled or withdrawn prior to the collection of a urine sample from the person for a drug or alcohol test for the purpose of defrauding a drug or alcohol test. 
   3.  A person shall not knowingly use the urine of another person for the purpose of defrauding a drug or alcohol test.
   4.  This section shall not apply to the manufacture, marketing, sale, distribution, use, or possession of synthetic urine or a urine additive if the manufacture, marketing, sale, distribution, use, or possession is solely for educational or law enforcement purposes.
   5.  A person who violates this section is guilty of a simple misdemeanor for a first offense and a serious misdemeanor for each subsequent offense.
   6.  Except as prohibited by law, a person who collects a urine sample from another person for a drug or alcohol test, having knowledge or a reasonable suspicion that the other person has used synthetic urine or a urine additive to defraud the test in violation of subsection 1, may report such information to law enforcement authorities.
   7.  Notwithstanding any other law to the contrary, the prosecution of a person for a violation of this section shall not preclude a prosecution of that person under other applicable law. 
   8.  This section shall not be construed to encourage, conflict with, or otherwise interfere with the preemption of any federal, state, or local laws or regulations related to drug and alcohol testing procedures and confidentiality. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates the criminal offense of defrauding a drug or alcohol test. 
   The bill prohibits a person from manufacturing, marketing, selling, distributing, using, or possessing synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test; prohibits a person from knowingly using the person’s own urine expelled or withdrawn prior to the collection of a urine sample from the person for a drug or alcohol test for the purpose of defrauding a drug or alcohol test; and prohibits a person from knowingly using the urine of another person to defraud a drug or alcohol test. 
   The bill provides that prosecution of a person for a violation of the bill does not preclude prosecution of that person under other applicable law. The bill shall not be construed to encourage, conflict with, or otherwise interfere with the preemption of any federal, state, or local laws or regulations relating to drug or alcohol testing procedures and confidentiality.
   The bill does not apply to the manufacture, marketing, sale, distribution, use, or possession of synthetic urine or a urine additive if the manufacture, marketing, sale, distribution, use, or possession is solely for educational or law enforcement purposes.
   A person who violates the bill commits a simple misdemeanor for an initial offense and a serious misdemeanor for all subsequent offenses.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $130 but not more than $2,560.
   The bill allows a person who collects a urine sample from another person for a drug or alcohol test, having knowledge or a reasonable suspicion that the other person has used synthetic urine or a urine additive in violation of the bill, to report such information to law enforcement authorities. 
   The bill defines “drug or alcohol test” as including a drug or alcohol test given in a private-sector workplace pursuant to Code section 730.5 and a drug or alcohol test given by a public employer.