House File 792 - Introduced HOUSE FILE 792 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 365) A BILL FOR An Act establishing a cause of action for murder in the first 1 degree by causing the death of another by delivering, 2 dispensing, or providing fentanyl or a fentanyl-related 3 substance, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2647HV (1) 91 as/js
H.F. 792 Section 1. Section 707.2, subsection 1, Code 2025, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. (1) A person who unlawfully delivers, 3 dispenses, or otherwise provides fentanyl, as defined in 4 section 124.204, subsection 2, paragraphs at through cl , or 5 a fentanyl-related substance, as defined in section 124.204, 6 subsection 9, paragraph a , to another person, in violation of 7 the provisions of section 124.401, that results in the death 8 of the other person, if the proximate cause of the death of 9 the other person is the injection, inhalation, absorption, or 10 ingestion of any amount of the fentanyl or fentanyl-related 11 substance. 12 (2) It is not a defense pursuant to this paragraph that 13 the other person contributed to the persons own death by 14 the purposeful, knowing, reckless, or negligent injection, 15 inhalation, absorption, or ingestion of the controlled 16 substance or by consenting to the administration of the 17 controlled substance by another person. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanations substance by the members of the general assembly. 21 This bill establishes a cause of action for murder in the 22 first degree by causing the death of another by delivering, 23 dispensing, or providing fentanyl or a fentanyl-related 24 substance. 25 The bill provides that a person who unlawfully delivers, 26 dispenses, or otherwise provides fentanyl or a fentanyl-related 27 substance to another person that results in the death of the 28 other person, and the proximate cause of the death of the other 29 person is the injection, inhalation, absorption, or ingestion 30 of any amount of the fentanyl or fentanyl-related substance, 31 commits murder in the first degree. Murder in the first degree 32 is a class A felony. A class A felony is punishable by 33 confinement for life without possibility of parole. 34 The bill provides that it is not a defense that the other 35 -1- LSB 2647HV (1) 91 as/js 1/ 2
H.F. 792 person contributed to the persons own death by the purposeful, 1 knowing, reckless, or negligent injection, inhalation, 2 absorption, or ingestion of the controlled substance or by 3 consenting to the administration of the controlled substance 4 by another person. 5 -2- LSB 2647HV (1) 91 as/js 2/ 2