Iowa 2023-2024 Regular Session

Iowa House Bill HSB44

Introduced
1/17/23  
Introduced
1/17/23  

Caption

A bill for an act relating to the manufacture or delivery of a controlled substance resulting in death and including information or evidence collected as a result of a drug-related overdose, and providing penalties.

Impact

The implementation of HSB44 will significantly alter the legal landscape surrounding drug-related offenses in Iowa. By creating a new section in the code that defines the consequences of delivering a controlled substance resulting in death, the bill seeks to ensure more stringent penalties and curb the issue of drug-related fatalities. Additionally, the bill allows for enhanced scrutiny and consequences for individuals with prior violations, reinforcing the notion that repeated offenses will result in harsher repercussions, potentially including parole restrictions.

Summary

House Study Bill 44 (HSB44) seeks to establish criminal penalties for the manufacture or delivery of controlled substances that result in death. The bill specifically addresses instances where an individual unintentionally causes another person's death through these acts, categorizing such offenses as a Class B felony. This measure is aimed at addressing the increasing concerns related to drug overdoses and fatalities linked to narcotics, as well as providing a framework for holding individuals accountable when their actions lead to these tragic outcomes.

Contention

Notably, there may be points of contention surrounding how this bill interacts with existing laws concerning drug offenses. For example, the bill includes provisions that exempt certain protected information regarding drug-related overdoses from being used as evidence in prosecuting individuals implicated in these deaths if there was no profit involved in the sharing of the controlled substance. This aspect raises questions about public safety versus the need for protecting privacy, and could lead to debates on whether this provision might hinder law enforcement efforts.

Additional_notes

HSB44 offers a legislative avenue to tackle the drug crisis while also addressing public health concerns. The measures incorporated into the bill reflect a growing trend among lawmakers to respond to the urgent public health issue of substance use and overdose deaths, aligning state laws with broader initiatives aimed at minimizing the impact of such tragedies.

Companion Bills

IA SSB1018

Related A bill for an act relating to the manufacture or delivery of a controlled substance resulting in death and including information or evidence collected as a result of a drug-related overdose, and providing penalties.

Previously Filed As

IA SSB1018

A bill for an act relating to the manufacture or delivery of a controlled substance resulting in death and including information or evidence collected as a result of a drug-related overdose, and providing penalties.

Similar Bills

IA SSB1018

A bill for an act relating to the manufacture or delivery of a controlled substance resulting in death and including information or evidence collected as a result of a drug-related overdose, and providing penalties.

IA HSB104

A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors, providing for immunity; and providing penalties.(See HF 595.)

IA SSB1096

A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors, providing for immunity; and providing penalties.(See SF 508.)

IA SF508

A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors; providing for immunity; and providing penalties.(Formerly SSB 1096.)

IA HF595

A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors; providing for immunity; and providing penalties. (Formerly HSB 104.) Effective date: 07/01/2023.

IN HB1356

Immunity if seeking aid for drug overdose victim.

OR SB507

Relating to fentanyl; declaring an emergency.

IN HB1203

Xylazine.