Senate
Study
Bill
1018
-
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
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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,
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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
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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
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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).
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