House Study Bill 44 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to the manufacture or delivery of a controlled 1 substance resulting in death and including information or 2 evidence collected as a result of a drug-related overdose, 3 and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1236XD (10) 90 as/rh
S.F. _____ H.F. _____ Section 1. Section 124.418, subsection 2, Code 2023, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. Delivery of a controlled substance 3 resulting in death under section 707.5A if such delivery 4 involved the sharing of the controlled substance without 5 profit. 6 Sec. 2. NEW SECTION . 707.5A Manufacture or delivery of a 7 controlled substance resulting in death. 8 1. A person commits a class “B” felony when the person 9 unintentionally causes the death of another person by the 10 manufacture or delivery of a controlled substance, other than 11 marijuana, a counterfeit substance, a simulated controlled 12 substance, or an imitation controlled substance, in violation 13 of section 124.401, subsection 1. 14 2. A person commits a class “B” felony when a person from 15 another state unintentionally causes the death of another 16 person in this state by the manufacture or delivery of a 17 controlled substance, other than marijuana, in violation of 18 the law of another jurisdiction, which, if the violation had 19 been committed in this state, could be charged under section 20 124.401, subsection 1. 21 3. For purposes of this section, a person’s act of 22 manufacturing or delivering a controlled substance resulting in 23 the death of another person shall be deemed to have caused the 24 other person’s death when the controlled substance contributes 25 to the other person’s death. 26 Sec. 3. Section 902.12, subsection 1, Code 2023, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . g. A violation of section 707.5A if the 29 person has been convicted of or received a deferred judgment 30 for a prior violation of section 124.401, subsection 1, 31 or a conviction or the equivalent of a deferred judgment 32 for violations in any other jurisdiction under statutes 33 substantially corresponding to section 124.401, subsection 1. 34 Sec. 4. Section 907.3, subsection 1, paragraph a, Code 2023, 35 -1- LSB 1236XD (10) 90 as/rh 1/ 4
S.F. _____ H.F. _____ is amended by adding the following new subparagraph: 1 NEW SUBPARAGRAPH . (15) The offense is a violation of 2 section 707.5A and the defendant has been convicted of or 3 received a deferred judgment for a prior violation of section 4 124.401, subsection 1, or a conviction or the equivalent of 5 a deferred judgment for violations in any other jurisdiction 6 under statutes substantially corresponding to section 124.401, 7 subsection 1. 8 Sec. 5. Section 907.3, subsection 2, paragraph a, Code 2023, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (9) The offense is a violation of 11 section 707.5A and the defendant has been convicted of or 12 received a deferred judgment for a prior violation of section 13 124.401, subsection 1, or a conviction or the equivalent of 14 a deferred judgment for violations in any other jurisdiction 15 under statutes substantially corresponding to section 124.401, 16 subsection 1. 17 Sec. 6. Section 907.3, subsection 3, Code 2023, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . h. The offense is a violation of section 20 707.5A and the defendant has previously been convicted of 21 or received a deferred judgment for a violation of section 22 124.401, subsection 1, or a conviction or the equivalent of 23 a deferred judgment for violations in any other jurisdiction 24 under statutes substantially corresponding to section 124.401, 25 subsection 1. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the manufacture or delivery of 30 a controlled substance resulting in death, and provides 31 penalties. 32 The bill provides that protected information, as defined in 33 Code section 124.418, collected as a result of a drug-related 34 overdose shall not be considered to support probable cause 35 -2- LSB 1236XD (10) 90 as/rh 2/ 4
S.F. _____ H.F. _____ and shall not be admissible as evidence against an overdose 1 patient or overdose reporter for the delivery of a controlled 2 substance resulting in death under new Code section 707.5A if 3 such delivery involved the sharing of the controlled substance 4 without profit. 5 The bill establishes new Code section 707.5A, manufacture 6 or delivery of a controlled substance resulting in death, 7 which provides that a person commits a class “B” felony 8 when a person, either from this state or another state, 9 unintentionally causes the death of another person by the 10 manufacture or delivery of a controlled substance, other than 11 marijuana, a counterfeit substance, a simulated controlled 12 substance, or an imitation controlled substance, in violation 13 of Code section 124.401(1) (manufacture or delivery of a 14 controlled substance). The bill provides that a person’s act 15 of manufacturing or delivering a controlled substance resulting 16 in the death of another person shall be deemed to have caused 17 the other person’s death when the controlled substance 18 contributes to the other person’s death. 19 The bill provides that a person serving a sentence for a 20 conviction of the manufacture or delivery of a controlled 21 substance resulting in death in violation of the bill shall 22 be denied parole or work release unless the defendant has 23 served at least seven-tenths of the maximum term of the 24 defendant’s sentence if the defendant has been convicted of 25 or received a deferred judgment for a prior violation of Code 26 section 124.401(1), or a conviction or the equivalent of a 27 deferred judgment for violations in any other jurisdiction 28 under statutes substantially corresponding to Code section 29 124.401(1). 30 The bill provides that upon a plea of guilty, a verdict 31 of guilty, or a special verdict upon which a judgment of 32 conviction may be rendered, a court shall not defer judgment, 33 defer the sentence, or suspend the sentence if the offense 34 is a violation of Code section 707.5A and the defendant has 35 -3- LSB 1236XD (10) 90 as/rh 3/ 4
S.F. _____ H.F. _____ been convicted of or received a deferred judgment for a prior 1 violation of Code section 124.401(1), or a conviction or the 2 equivalent of a deferred judgment for violations in any other 3 jurisdiction under statutes substantially corresponding to Code 4 section 124.401(1). 5 -4- LSB 1236XD (10) 90 as/rh 4/ 4