SSB 1018 — 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.

Bill Text

• Introduced View text Current pdf

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The bill establishes new penalties for the manufacture or delivery of a controlled substance resulting in death and adds relevant definitions and conditions to existing law.

• Section 124.418

  Delivery of a controlled substance resulting in death under section 707.5A if such delivery involved the sharing of the controlled substance without profit.

  Adds a new circumstance under which delivery of a controlled substance resulting in death is recognized regarding non-profit sharing.

• Section 707.5A

  A person commits a class “B” felony when the person unintentionally causes the death of another person by the manufacture or delivery of a controlled substance, other than marijuana, a counterfeit substance, a simulated controlled substance, or an imitation controlled substance, in violation of section 124.401, subsection 1.

  Creates a new class ‘B’ felony for unintentionally causing death through the manufacture or delivery of certain controlled substances.

• Section 707.5A

  A person commits a class “B” felony when a person from another state unintentionally causes the death of another person in this state by the manufacture or delivery of a controlled substance, other than marijuana, in violation of the law of another jurisdiction, which, if the violation had been committed in this state, could be charged under section 124.401, subsection 1.

  Establishes jurisdiction for prosecuting out-of-state individuals whose actions lead to deaths in Iowa through controlled substance offenses.

• Section 707.5A

  For purposes of this section, a person’s act of manufacturing or delivering a controlled substance resulting in the death of another person shall be deemed to have caused the other person’s death when the controlled substance contributes to the other person’s death.

  Clarifies the causation standard for establishing guilt in cases of drug-related deaths.

• Section 902.12

  A violation of section 707.5A if the person has been convicted of or received a deferred judgment for a prior violation of section 124.401, subsection 1, or a conviction or the equivalent of a deferred judgment for violations in any other jurisdiction under statutes substantially corresponding to section 124.401, subsection 1.

  Outlines sentencing enhancements for repeat offenders of controlled substance violations.

• Section 907.3

  The offense is a violation of section 707.5A and the defendant has been convicted of or received a deferred judgment for a prior violation of section 124.401, subsection 1, or a conviction or the equivalent of a deferred judgment for violations in any other jurisdiction under statutes substantially corresponding to section 124.401, subsection 1.

  Introduces criteria for considering prior offenses during sentencing for violations of the new section 707.5A.

• Section 907.3

  The offense is a violation of section 707.5A and the defendant has been convicted of or received a deferred judgment for a prior violation of section 124.401, subsection 1, or a conviction or the equivalent of a deferred judgment for violations in any other jurisdiction under statutes substantially corresponding to section 124.401, subsection 1.

  Enhances sentencing considerations for repeat offenders under new subsection criteria.

• Section 907.3

  The offense is a violation of section 707.5A and the defendant has previously been convicted of or received a deferred judgment for a violation of section 124.401, subsection 1, or a conviction or the equivalent of a deferred judgment for violations in any other jurisdiction under statutes substantially corresponding to section 124.401, subsection 1.

  Provides additional context for previous convictions impacting sentencing for violations of the holistic 707.5A offense.

Action History

1. January 25, 2023

   Subcommittee recommends passage. [].

2. January 23, 2023

   Subcommittee Meeting: 01/25/2023 12:00PM Room 217 Conference Room.

3. January 10, 2023

   Subcommittee: Rowley, Boulton, and Zaun.

4. January 10, 2023

   Introduced, referred to Judiciary.

Sponsors

• COMMITTEE ON JUDICIARY · Primary

Subjects