Senate Study Bill 1018 - IntroducedA Bill ForAn Act 1relating to the manufacture or delivery of a controlled
2substance resulting in death and including information or
3evidence collected as a result of a drug-related overdose,
4and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 124.418, subsection 2, Code 2023, is
2amended by adding the following new paragraph:
3   NEW PARAGRAPH.  e.  Delivery of a controlled substance
4resulting in death under section 707.5A if such delivery
5involved the sharing of the controlled substance without
6profit.
7   Sec. 2.  NEW SECTION.  707.5A  Manufacture or delivery of a
8controlled substance resulting in death.
   91.  A person commits a class “B” felony when the person
10unintentionally causes the death of another person by the
11manufacture or delivery of a controlled substance, other than
12marijuana, a counterfeit substance, a simulated controlled
13substance, or an imitation controlled substance, in violation
14of section 124.401, subsection 1.
   152.  A person commits a class “B” felony when a person from
16another state unintentionally causes the death of another
17person in this state by the manufacture or delivery of a
18controlled substance, other than marijuana, in violation of
19the law of another jurisdiction, which, if the violation had
20been committed in this state, could be charged under section
21124.401, subsection 1.
   223.  For purposes of this section, a person’s act of
23manufacturing or delivering a controlled substance resulting in
24the death of another person shall be deemed to have caused the
25other person’s death when the controlled substance contributes
26to the other person’s death.
27   Sec. 3.  Section 902.12, subsection 1, Code 2023, is amended
28by adding the following new paragraph:
29   NEW PARAGRAPH.  g.  A violation of section 707.5A if the
30person has been convicted of or received a deferred judgment
31for a prior violation of section 124.401, subsection 1,
32or a conviction or the equivalent of a deferred judgment
33for violations in any other jurisdiction under statutes
34substantially corresponding to section 124.401, subsection 1.
35   Sec. 4.  Section 907.3, subsection 1, paragraph a, Code 2023,
-1-1is amended by adding the following new subparagraph:
2   NEW SUBPARAGRAPH.  (15)  The offense is a violation of
3section 707.5A and the defendant has been convicted of or
4received a deferred judgment for a prior violation of section
5124.401, subsection 1, or a conviction or the equivalent of
6a deferred judgment for violations in any other jurisdiction
7under statutes substantially corresponding to section 124.401,
8subsection 1.
9   Sec. 5.  Section 907.3, subsection 2, paragraph a, Code 2023,
10is amended by adding the following new subparagraph:
11   NEW SUBPARAGRAPH.  (9)  The offense is a violation of
12section 707.5A and the defendant has been convicted of or
13received a deferred judgment for a prior violation of section
14124.401, subsection 1, or a conviction or the equivalent of
15a deferred judgment for violations in any other jurisdiction
16under statutes substantially corresponding to section 124.401,
17subsection 1.
18   Sec. 6.  Section 907.3, subsection 3, Code 2023, is amended
19by adding the following new paragraph:
20   NEW PARAGRAPH.  h.  The offense is a violation of section
21707.5A and the defendant has previously been convicted of
22or received a deferred judgment for a violation of section
23124.401, subsection 1, or a conviction or the equivalent of
24a deferred judgment for violations in any other jurisdiction
25under statutes substantially corresponding to section 124.401,
26subsection 1.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill relates to the manufacture or delivery of
31a controlled substance resulting in death, and provides
32penalties.
   33The bill provides that protected information, as defined in
34Code section 124.418, collected as a result of a drug-related
35overdose shall not be considered to support probable cause
-2-1and shall not be admissible as evidence against an overdose
2patient or overdose reporter for the delivery of a controlled
3substance resulting in death under new Code section 707.5A if
4such delivery involved the sharing of the controlled substance
5without profit.
   6The bill establishes new Code section 707.5A, manufacture
7or delivery of a controlled substance resulting in death,
8which provides that a person commits a class “B” felony
9when a person, either from this state or another state,
10unintentionally causes the death of another person by the
11manufacture or delivery of a controlled substance, other than
12marijuana, a counterfeit substance, a simulated controlled
13substance, or an imitation controlled substance, in violation
14of Code section 124.401(1) (manufacture or delivery of a
15controlled substance). The bill provides that a person’s act
16of manufacturing or delivering a controlled substance resulting
17in the death of another person shall be deemed to have caused
18the other person’s death when the controlled substance
19contributes to the other person’s death.
   20The bill provides that a person serving a sentence for a
21conviction of the manufacture or delivery of a controlled
22substance resulting in death in violation of the bill shall
23be denied parole or work release unless the defendant has
24served at least seven-tenths of the maximum term of the
25defendant’s sentence if the defendant has been convicted of
26or received a deferred judgment for a prior violation of Code
27section 124.401(1), or a conviction or the equivalent of a
28deferred judgment for violations in any other jurisdiction
29under statutes substantially corresponding to Code section
30124.401(1).
   31The bill provides that upon a plea of guilty, a verdict
32of guilty, or a special verdict upon which a judgment of
33conviction may be rendered, a court shall not defer judgment,
34defer the sentence, or suspend the sentence if the offense
35is a violation of Code section 707.5A and the defendant has
-3-1been convicted of or received a deferred judgment for a prior
2violation of Code section 124.401(1), or a conviction or the
3equivalent of a deferred judgment for violations in any other
4jurisdiction under statutes substantially corresponding to Code
5section 124.401(1).
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