House
File
283
-
Reprinted
HOUSE
FILE
283
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
22)
(As
Amended
and
Passed
by
the
House
February
16,
2021
)
A
BILL
FOR
An
Act
creating
the
criminal
offense
of
defrauding
a
drug
or
1
alcohol
test
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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283
Section
1.
Section
715A.1,
Code
2021,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“Drug
or
alcohol
test”
includes
a
drug
3
or
alcohol
test
given
in
a
private-sector
workplace
pursuant
4
to
section
730.5
and
a
drug
or
alcohol
test
given
by
a
public
5
employer.
6
NEW
SUBSECTION
.
1B.
“Public
employer”
means
the
state,
7
its
boards,
commissions,
agencies,
and
departments,
and
its
8
political
subdivisions
including
school
districts
and
other
9
special
purpose
districts.
10
NEW
SUBSECTION
.
1C.
“Synthetic
urine”
means
any
substance
11
that
is
designed
to
simulate
the
composition,
chemical
12
properties,
physical
appearance,
or
physical
properties
of
13
human
urine
for
the
purpose
of
defrauding
a
drug
or
alcohol
14
test.
15
NEW
SUBSECTION
.
1D.
“Urine
additive”
means
any
substance
16
that
is
designed
to
be
added
to
human
urine
for
the
purpose
of
17
defrauding
a
drug
or
alcohol
test.
18
Sec.
2.
NEW
SECTION
.
715A.11
Synthetic
urine
and
urine
19
additives
——
defrauding
drug
or
alcohol
test.
20
1.
A
person
shall
not
manufacture,
market,
sell,
21
distribute,
use,
or
possess
synthetic
urine
or
a
urine
additive
22
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
23
2.
A
person
shall
not
knowingly
use
the
person’s
own
urine
24
expelled
or
withdrawn
prior
to
the
collection
of
a
urine
sample
25
from
the
person
for
a
drug
or
alcohol
test
for
the
purpose
of
26
defrauding
a
drug
or
alcohol
test.
27
3.
A
person
shall
not
knowingly
use
the
urine
of
another
28
person
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
29
4.
This
section
shall
not
apply
to
the
manufacture,
30
marketing,
sale,
distribution,
use,
or
possession
of
synthetic
31
urine
or
a
urine
additive
if
the
manufacture,
marketing,
sale,
32
distribution,
use,
or
possession
is
solely
for
educational
or
33
law
enforcement
purposes.
34
5.
A
person
who
violates
this
section
is
guilty
of
a
simple
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H.F.
283
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
1
each
subsequent
offense.
The
court
may
require
a
substance
2
abuse
evaluation
and
treatment
through
a
program
licensed
by
3
the
Iowa
department
of
public
health
in
lieu
of
or
in
addition
4
to
other
penalties.
All
substance
abuse
evaluation
required
5
under
this
subsection
shall
be
completed
at
the
expense
of
the
6
defendant.
7
6.
Except
as
prohibited
by
law,
a
person
who
collects
8
a
urine
sample
from
another
person
for
a
drug
or
alcohol
9
test,
having
knowledge
or
a
reasonable
suspicion
that
the
10
other
person
has
used
synthetic
urine
or
a
urine
additive
to
11
defraud
the
test
in
violation
of
subsection
1,
may
report
such
12
information
to
law
enforcement
authorities.
13
7.
Notwithstanding
any
other
law
to
the
contrary,
the
14
prosecution
of
a
person
for
a
violation
of
this
section
15
shall
not
preclude
a
prosecution
of
that
person
under
other
16
applicable
law.
17
8.
This
section
shall
not
be
construed
to
encourage,
18
conflict
with,
or
otherwise
interfere
with
the
preemption
of
19
any
federal,
state,
or
local
laws
or
regulations
related
to
20
drug
and
alcohol
testing
procedures
and
confidentiality.
21
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