Iowa 2023-2024 Regular Session

Iowa House Bill HSB693

Introduced
2/12/24  
Introduced
2/12/24  

Caption

A bill for an act establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.(See HF 2576.)

Impact

The implementation of HSB693 is expected to have a considerable effect on the state's criminal justice system as it directly confronts the increasing incidence of fentanyl-related overdoses. The bill is seen as a tool to deter individuals from distributing fentanyl by introducing severe legal repercussions for their actions. This could result in more arrests and convictions related to drug distribution, shifting the focus of law enforcement towards tackling the sources of fentanyl supply. However, there are concerns regarding the potential for the bill to disproportionately impact certain communities or to encourage more punitive approaches to drug offenses rather than focusing on treatment and prevention strategies.

Summary

House Study Bill 693 (HSB693) proposes to establish a new cause of action for murder in the first degree for individuals who cause another person's death by delivering, dispensing, or providing fentanyl or any fentanyl-related substance. The bill aims to address the growing issue of fentanyl overdoses by holding individuals legally accountable for the distribution of this lethal drug. If passed, those who unlawfully provide fentanyl resulting in death will be charged with murder in the first degree, a Class A felony punishable by life confinement without the possibility of parole. This significant change in legislation reflects the state’s urgency to combat the opioid crisis and enhance public safety through stricter drug-related laws.

Contention

Debate surrounding HSB693 may arise from various stakeholders, including law enforcement, healthcare advocates, and social justice organizations. Proponents argue that the bill is necessary to impose accountability and save lives, suggesting that stronger penalties will deter future distributions of fentanyl. Conversely, opponents might argue that this approach does not address the root causes of drug addiction and could lead to unjust prosecutions, particularly in cases where individuals may not have intended harm. Furthermore, the absence of a defense for those accused may raise ethical questions about the fairness of enforcing such strict penalties.

Companion Bills

IA HF2576

Replaced by A bill for an act establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.(Formerly HSB 693.)

Previously Filed As

IA HF365

A bill for an act establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.(See HF 792.)

IA HF792

A bill for an act establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.(Formerly HF 365.)

IA HF2576

A bill for an act establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable.(Formerly HSB 693.)

IA S0156

Fentanyl Induced Homicide

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 SSB3085

A bill for an act creating a capital murder offense by establishing the penalty of death for murder in the first degree, and including effective date and applicability provisions.

IA HSB665

A bill for an act providing for the regulation of hemp and hemp products, providing penalties, and making penalties applicable.(See HF 2605.)

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 HB6

Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

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.

Similar Bills

CA AB1673

California Fentanyl Abuse Task Force.

CA SB19

Fentanyl Misuse and Overdose Prevention Task Force.

CA AB33

Fentanyl Misuse and Overdose Prevention Task Force.

CA AB675

Controlled substances.

CA AB3171

Controlled substances: fentanyl.

CA AB3224

California Fentanyl Abuse Task Force.

CA AB2341

Criminal procedure: sentencing credits.

NJ ACR168

Urges Congress to enact the "HALT Fentanyl Act."