House
Study
Bill
693
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
establishing
a
cause
of
action
for
murder
in
the
first
1
degree
by
causing
the
death
of
another
by
delivering,
2
dispensing,
or
providing
fentanyl
or
a
fentanyl-related
3
substance,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
707.2,
subsection
1,
Code
2024,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
(1)
A
person
who
unlawfully
delivers,
3
dispenses,
or
otherwise
provides
fentanyl,
as
defined
in
4
section
124.204,
subsection
2,
paragraphs
“at”
through
“cl”
,
or
5
a
fentanyl-related
substance,
as
defined
in
section
124.204,
6
subsection
9,
paragraph
“a”
,
to
another
person,
in
violation
of
7
the
provisions
of
section
124.401,
that
results
in
the
death
8
of
the
other
person,
if
the
proximate
cause
of
the
death
of
9
the
other
person
is
the
injection,
inhalation,
absorption,
or
10
ingestion
of
any
amount
of
the
fentanyl
or
fentanyl-related
11
substance.
12
(2)
It
is
not
a
defense
pursuant
to
this
paragraph
that
13
the
other
person
contributed
to
the
person’s
own
death
by
14
the
purposeful,
knowing,
reckless,
or
negligent
injection,
15
inhalation,
absorption,
or
ingestion
of
the
controlled
16
substance
or
by
consenting
to
the
administration
of
the
17
controlled
substance
by
another
person.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
establishes
a
cause
of
action
for
murder
in
the
22
first
degree
by
causing
the
death
of
another
by
delivering,
23
dispensing,
or
providing
fentanyl
or
a
fentanyl-related
24
substance.
25
The
bill
provides
that
a
person
who
unlawfully
delivers,
26
dispenses,
or
otherwise
provides
fentanyl
or
a
fentanyl-related
27
substance
to
another
person
that
results
in
the
death
of
the
28
other
person,
and
the
proximate
cause
of
the
death
of
the
other
29
person
is
the
injection,
inhalation,
absorption,
or
ingestion
30
of
any
amount
of
the
fentanyl
or
fentanyl-related
substance,
31
commits
murder
in
the
first
degree.
Murder
in
the
first
degree
32
is
a
class
“A”
felony.
A
class
“A”
felony
is
punishable
by
33
confinement
for
life
without
possibility
of
parole.
34
The
bill
provides
that
it
is
not
a
defense
that
the
other
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person
contributed
to
the
person’s
own
death
by
the
purposeful,
1
knowing,
reckless,
or
negligent
injection,
inhalation,
2
absorption,
or
ingestion
of
the
controlled
substance
or
by
3
consenting
to
the
administration
of
the
controlled
substance
4
by
another
person.
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