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House File 283 - EnrolledAn Actcreating the criminal offense of defrauding a drug or
alcohol test and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 715A.1, Code 2021, is amended by adding
the following new subsections:
NEW SUBSECTION. 1A. “Drug or alcohol test” includes a drug
or alcohol test given in a private-sector workplace pursuant
to section 730.5 and a drug or alcohol test given by a public
employer.
NEW SUBSECTION. 1B. “Public employer” means the state,
its boards, commissions, agencies, and departments, and its
political subdivisions including school districts and other
special purpose districts.
NEW SUBSECTION. 1C. “Synthetic urine” means any substance
that is designed to simulate the composition, chemical
properties, physical appearance, or physical properties of
human urine for the purpose of defrauding a drug or alcohol
test.
NEW SUBSECTION. 1D. “Urine additive” means any substance
that is designed to be added to human urine for the purpose of
defrauding a drug or alcohol test.
Sec. 2. NEW SECTION. 715A.11 Synthetic urine and urine
additives — defrauding drug or alcohol test.
1. A person shall not manufacture, market, sell,
distribute, use, or possess synthetic urine or a urine additive
for the purpose of defrauding a drug or alcohol test.
2. A person shall not knowingly use the person’s own urine
expelled or withdrawn prior to the collection of a urine sample
from the person for a drug or alcohol test for the purpose of
defrauding a drug or alcohol test.
3. A person shall not knowingly use the urine of another
person for the purpose of defrauding a drug or alcohol test.
4. This section shall not apply to the manufacture,
marketing, sale, distribution, use, or possession of synthetic
urine or a urine additive if the manufacture, marketing, sale,
distribution, use, or possession is solely for educational or
law enforcement purposes.
5. A person who violates this section is guilty of a simple
-1-misdemeanor for a first offense and a serious misdemeanor for
each subsequent offense. The court may require a substance
abuse evaluation and treatment through a program licensed by
the Iowa department of public health in lieu of or in addition
to other penalties. All substance abuse evaluation required
under this subsection shall be completed at the expense of the
defendant.
6. Except as prohibited by law, a person who collects
a urine sample from another person for a drug or alcohol
test, having knowledge or a reasonable suspicion that the
other person has used synthetic urine or a urine additive to
defraud the test in violation of subsection 1, may report such
information to law enforcement authorities.
7. Notwithstanding any other law to the contrary, the
prosecution of a person for a violation of this section
shall not preclude a prosecution of that person under other
applicable law.
8. This section shall not be construed to encourage,
conflict with, or otherwise interfere with the preemption of
any federal, state, or local laws or regulations related to
drug and alcohol testing procedures and confidentiality.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 283, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/rh/md
alcohol test and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 715A.1, Code 2021, is amended by adding
the following new subsections:
NEW SUBSECTION. 1A. “Drug or alcohol test” includes a drug
or alcohol test given in a private-sector workplace pursuant
to section 730.5 and a drug or alcohol test given by a public
employer.
NEW SUBSECTION. 1B. “Public employer” means the state,
its boards, commissions, agencies, and departments, and its
political subdivisions including school districts and other
special purpose districts.
NEW SUBSECTION. 1C. “Synthetic urine” means any substance
that is designed to simulate the composition, chemical
properties, physical appearance, or physical properties of
human urine for the purpose of defrauding a drug or alcohol
test.
NEW SUBSECTION. 1D. “Urine additive” means any substance
that is designed to be added to human urine for the purpose of
defrauding a drug or alcohol test.
Sec. 2. NEW SECTION. 715A.11 Synthetic urine and urine
additives — defrauding drug or alcohol test.
1. A person shall not manufacture, market, sell,
distribute, use, or possess synthetic urine or a urine additive
for the purpose of defrauding a drug or alcohol test.
2. A person shall not knowingly use the person’s own urine
expelled or withdrawn prior to the collection of a urine sample
from the person for a drug or alcohol test for the purpose of
defrauding a drug or alcohol test.
3. A person shall not knowingly use the urine of another
person for the purpose of defrauding a drug or alcohol test.
4. This section shall not apply to the manufacture,
marketing, sale, distribution, use, or possession of synthetic
urine or a urine additive if the manufacture, marketing, sale,
distribution, use, or possession is solely for educational or
law enforcement purposes.
5. A person who violates this section is guilty of a simple
-1-misdemeanor for a first offense and a serious misdemeanor for
each subsequent offense. The court may require a substance
abuse evaluation and treatment through a program licensed by
the Iowa department of public health in lieu of or in addition
to other penalties. All substance abuse evaluation required
under this subsection shall be completed at the expense of the
defendant.
6. Except as prohibited by law, a person who collects
a urine sample from another person for a drug or alcohol
test, having knowledge or a reasonable suspicion that the
other person has used synthetic urine or a urine additive to
defraud the test in violation of subsection 1, may report such
information to law enforcement authorities.
7. Notwithstanding any other law to the contrary, the
prosecution of a person for a violation of this section
shall not preclude a prosecution of that person under other
applicable law.
8. This section shall not be construed to encourage,
conflict with, or otherwise interfere with the preemption of
any federal, state, or local laws or regulations related to
drug and alcohol testing procedures and confidentiality.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 283, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/rh/md