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House File 283 - ReprintedA 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25expelled or withdrawn prior to the collection of a urine sample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. The court may require a substance
3abuse evaluation and treatment through a program licensed by
4the Iowa department of public health in lieu of or in addition
5to other penalties. All substance abuse evaluation required
6under this subsection shall be completed at the expense of the
7defendant.
86. Except as prohibited by law, a person who collects
9a urine sample from another person for a drug or alcohol
10test, having knowledge or a reasonable suspicion that the
11other person has used synthetic urine or a urine additive to
12defraud the test in violation of subsection 1, may report such
13information to law enforcement authorities.
147. Notwithstanding any other law to the contrary, the
15prosecution of a person for a violation of this section
16shall not preclude a prosecution of that person under other
17applicable law.
188. This section shall not be construed to encourage,
19conflict with, or otherwise interfere with the preemption of
20any federal, state, or local laws or regulations related to
21drug and alcohol testing procedures and confidentiality.
as/rh/md
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. The court may require a substance
3abuse evaluation and treatment through a program licensed by
4the Iowa department of public health in lieu of or in addition
5to other penalties. All substance abuse evaluation required
6under this subsection shall be completed at the expense of the
7defendant.
86. Except as prohibited by law, a person who collects
9a urine sample from another person for a drug or alcohol
10test, having knowledge or a reasonable suspicion that the
11other person has used synthetic urine or a urine additive to
12defraud the test in violation of subsection 1, may report such
13information to law enforcement authorities.
147. Notwithstanding any other law to the contrary, the
15prosecution of a person for a violation of this section
16shall not preclude a prosecution of that person under other
17applicable law.
188. This section shall not be construed to encourage,
19conflict with, or otherwise interfere with the preemption of
20any federal, state, or local laws or regulations related to
21drug and alcohol testing procedures and confidentiality.
as/rh/md