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 HF126

A bill for an act relating to penalties for the manufacture, delivery, or possession of certain amounts of controlled substances involving cocaine or cocaine base.

IA H0457

Unlawful Distribution of Controlled Substances Resulting in Death

IA S0612

Unlawful Distribution of Controlled Substances Resulting in Death

IA HB648

In criminal homicide, further providing for the offense of drug delivery resulting in death.

IA HB457

Unlawful Distribution of Controlled Substances Resulting in Death:

IA SB223

Creates the crime of failure to test for alcohol and controlled substances resulting in serious bodily injury or death. (8/1/26)

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 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 HF2206

A bill for an act relating to the manufacture, delivery, and possession of marijuana, the licensure of retail marijuana, providing fees, including excise taxes, establishing funds, providing penalties, and including effective date provisions.

IA SB92

In criminal homicide, further providing for the offense of drug delivery resulting in death; and imposing a penalty.

Similar Bills

MI HB4256

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver certain controlled substances; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4255'25

MI SB0461

Criminal procedure: sentencing guidelines; sentencing guidelines for manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 460'25

MI SB0431

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 0430'25

MI HB4948

Controlled substances: other; sentencing guidelines for retail sale of products containing ephedrine or pseudoephedrine; modify. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4947'25

MI HB4167

Criminal procedure: sentencing guidelines; sentencing guidelines for illicit use of xylazine; provide for. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m).

CA AB2657

Prescriptions.

TX SB1152

Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.

TX SB1833

Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.