Print
House File 283 - IntroducedA Bill ForAn Act 1creating the criminal offense of defrauding a drug or
2alcohol test and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 715A.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “Drug or alcohol test” includes a drug
4or alcohol test given in a private-sector workplace pursuant
5to section 730.5 and a drug or alcohol test given by a public
6employer.
7 NEW SUBSECTION. 1B. “Public employer” means the state,
8its boards, commissions, agencies, and departments, and its
9political subdivisions including school districts and other
10special purpose districts.
11 NEW SUBSECTION. 1C. “Synthetic urine” means any substance
12that is designed to simulate the composition, chemical
13properties, physical appearance, or physical properties of
14human urine for the purpose of defrauding a drug or alcohol
15test.
16 NEW SUBSECTION. 1D. “Urine additive” means any substance
17that is designed to be added to human urine for the purpose of
18defrauding a drug or alcohol test.
19 Sec. 2. NEW SECTION. 715A.11 Synthetic urine and urine
20additives — defrauding drug or alcohol test.
211. A person shall not manufacture, market, sell,
22distribute, use, or possess synthetic urine or a urine additive
23for the purpose of defrauding a drug or alcohol test.
242. A person shall not knowingly use the person’s own urine
25expelled or withdrawn prior to the collection of a urine sample
26from the person for a drug or alcohol test for the purpose of
27defrauding a drug or alcohol test.
283. A person shall not knowingly use the urine of another
29person for the purpose of defrauding a drug or alcohol test.
304. This section shall not apply to the manufacture,
31marketing, sale, distribution, use, or possession of synthetic
32urine or a urine additive if the manufacture, marketing, sale,
33distribution, use, or possession is solely for educational or
34law enforcement purposes.
355. A person who violates this section is guilty of a simple
-1-1misdemeanor for a first offense and a serious misdemeanor for
2each subsequent offense.
36. Except as prohibited by law, a person who collects
4a urine sample from another person for a drug or alcohol
5test, having knowledge or a reasonable suspicion that the
6other person has used synthetic urine or a urine additive to
7defraud the test in violation of subsection 1, may report such
8information to law enforcement authorities.
97. Notwithstanding any other law to the contrary, the
10prosecution of a person for a violation of this section
11shall not preclude a prosecution of that person under other
12applicable law.
138. This section shall not be construed to encourage,
14conflict with, or otherwise interfere with the preemption of
15any federal, state, or local laws or regulations related to
16drug and alcohol testing procedures and confidentiality.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill creates the criminal offense of defrauding a drug
21or alcohol test.
22The bill prohibits a person from manufacturing, marketing,
23selling, distributing, using, or possessing synthetic urine
24or a urine additive for the purpose of defrauding a drug
25or alcohol test; prohibits a person from knowingly using
26the person’s own urine expelled or withdrawn prior to the
27collection of a urine sample from the person for a drug or
28alcohol test for the purpose of defrauding a drug or alcohol
29test; and prohibits a person from knowingly using the urine of
30another person to defraud a drug or alcohol test.
31The bill provides that prosecution of a person for a
32violation of the bill does not preclude prosecution of that
33person under other applicable law. The bill shall not be
34construed to encourage, conflict with, or otherwise interfere
35with the preemption of any federal, state, or local laws or
-2-1regulations relating to drug or alcohol testing procedures and
2confidentiality.
3The bill does not apply to the manufacture, marketing, sale,
4distribution, use, or possession of synthetic urine or a urine
5additive if the manufacture, marketing, sale, distribution,
6use, or possession is solely for educational or law enforcement
7purposes.
8A person who violates the bill commits a simple misdemeanor
9for an initial offense and a serious misdemeanor for all
10subsequent offenses.
11A simple misdemeanor is punishable by confinement for no
12more than 30 days or a fine of at least $105 but not more
13than $855 or by both. A serious misdemeanor is punishable by
14confinement for no more than one year and a fine of at least
15$130 but not more than $2,560.
16The bill allows a person who collects a urine sample from
17another person for a drug or alcohol test, having knowledge or
18a reasonable suspicion that the other person has used synthetic
19urine or a urine additive in violation of the bill, to report
20such information to law enforcement authorities.
21The bill defines “drug or alcohol test” as including a drug
22or alcohol test given in a private-sector workplace pursuant to
23Code section 730.5 and a drug or alcohol test given by a public
24employer.
-3-as/rh
2alcohol test and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 715A.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “Drug or alcohol test” includes a drug
4or alcohol test given in a private-sector workplace pursuant
5to section 730.5 and a drug or alcohol test given by a public
6employer.
7 NEW SUBSECTION. 1B. “Public employer” means the state,
8its boards, commissions, agencies, and departments, and its
9political subdivisions including school districts and other
10special purpose districts.
11 NEW SUBSECTION. 1C. “Synthetic urine” means any substance
12that is designed to simulate the composition, chemical
13properties, physical appearance, or physical properties of
14human urine for the purpose of defrauding a drug or alcohol
15test.
16 NEW SUBSECTION. 1D. “Urine additive” means any substance
17that is designed to be added to human urine for the purpose of
18defrauding a drug or alcohol test.
19 Sec. 2. NEW SECTION. 715A.11 Synthetic urine and urine
20additives — defrauding drug or alcohol test.
211. A person shall not manufacture, market, sell,
22distribute, use, or possess synthetic urine or a urine additive
23for the purpose of defrauding a drug or alcohol test.
242. A person shall not knowingly use the person’s own urine
25expelled or withdrawn prior to the collection of a urine sample
26from the person for a drug or alcohol test for the purpose of
27defrauding a drug or alcohol test.
283. A person shall not knowingly use the urine of another
29person for the purpose of defrauding a drug or alcohol test.
304. This section shall not apply to the manufacture,
31marketing, sale, distribution, use, or possession of synthetic
32urine or a urine additive if the manufacture, marketing, sale,
33distribution, use, or possession is solely for educational or
34law enforcement purposes.
355. A person who violates this section is guilty of a simple
-1-1misdemeanor for a first offense and a serious misdemeanor for
2each subsequent offense.
36. Except as prohibited by law, a person who collects
4a urine sample from another person for a drug or alcohol
5test, having knowledge or a reasonable suspicion that the
6other person has used synthetic urine or a urine additive to
7defraud the test in violation of subsection 1, may report such
8information to law enforcement authorities.
97. Notwithstanding any other law to the contrary, the
10prosecution of a person for a violation of this section
11shall not preclude a prosecution of that person under other
12applicable law.
138. This section shall not be construed to encourage,
14conflict with, or otherwise interfere with the preemption of
15any federal, state, or local laws or regulations related to
16drug and alcohol testing procedures and confidentiality.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill creates the criminal offense of defrauding a drug
21or alcohol test.
22The bill prohibits a person from manufacturing, marketing,
23selling, distributing, using, or possessing synthetic urine
24or a urine additive for the purpose of defrauding a drug
25or alcohol test; prohibits a person from knowingly using
26the person’s own urine expelled or withdrawn prior to the
27collection of a urine sample from the person for a drug or
28alcohol test for the purpose of defrauding a drug or alcohol
29test; and prohibits a person from knowingly using the urine of
30another person to defraud a drug or alcohol test.
31The bill provides that prosecution of a person for a
32violation of the bill does not preclude prosecution of that
33person under other applicable law. The bill shall not be
34construed to encourage, conflict with, or otherwise interfere
35with the preemption of any federal, state, or local laws or
-2-1regulations relating to drug or alcohol testing procedures and
2confidentiality.
3The bill does not apply to the manufacture, marketing, sale,
4distribution, use, or possession of synthetic urine or a urine
5additive if the manufacture, marketing, sale, distribution,
6use, or possession is solely for educational or law enforcement
7purposes.
8A person who violates the bill commits a simple misdemeanor
9for an initial offense and a serious misdemeanor for all
10subsequent offenses.
11A simple misdemeanor is punishable by confinement for no
12more than 30 days or a fine of at least $105 but not more
13than $855 or by both. A serious misdemeanor is punishable by
14confinement for no more than one year and a fine of at least
15$130 but not more than $2,560.
16The bill allows a person who collects a urine sample from
17another person for a drug or alcohol test, having knowledge or
18a reasonable suspicion that the other person has used synthetic
19urine or a urine additive in violation of the bill, to report
20such information to law enforcement authorities.
21The bill defines “drug or alcohol test” as including a drug
22or alcohol test given in a private-sector workplace pursuant to
23Code section 730.5 and a drug or alcohol test given by a public
24employer.
-3-as/rh