HSB 693 (LSB 6317YC (2) 90)

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 degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.2, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  (1)  A person who unlawfully delivers, dispenses, or otherwise provides fentanyl, as defined in section 124.204, subsection 2, paragraphs “at” through “cl”, or a fentanyl-related substance, as defined in section 124.204, subsection 9, paragraph “a”, to another person, in violation of the provisions of section 124.401, that results in the death of the other person, if the proximate cause of the death of the other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance.
   (2)  It is not a defense pursuant to this paragraph that the other person contributed to the person’s own death by the purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by consenting to the administration of the controlled substance by another person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance.
   The bill provides that a person who unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance to another person that results in the death of the other person, and the proximate cause of the death of the other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance, commits murder in the first degree. Murder in the first degree is a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.
   The bill provides that it is not a defense that the other person contributed to the person’s own death by the purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by consenting to the administration of the controlled substance by another person.