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House
File
2576
-
Introduced
HOUSE
FILE
2576
BY
THOMSON
A
BILL
FOR
An
Act
establishing
the
criminal
offenses
of
possession
of
1
lethal
narcotics
and
reckless
homicide
by
lethal
narcotic
2
transfer,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
POSSESSION
OF
LETHAL
NARCOTICS
2
Section
1.
LEGISLATIVE
FINDINGS
AND
PURPOSE.
The
general
3
assembly
finds
and
declares
all
of
the
following:
4
1.
Extraordinary
and
unique
lethality.
Fentanyl,
5
methamphetamine,
and
heroin
are
uniquely
dangerous
controlled
6
substances
whose
illicit
possession
and
use
routinely
result
7
in
overdose,
death,
and
severe
community
harm.
Fentanyl,
in
8
particular,
has
a
lethal
dose
measured
in
micrograms,
such
that
9
even
trace
exposure
can
be
fatal.
10
2.
No
safe
quantity
in
the
illicit
market.
Due
to
11
uncontrolled
potency,
adulteration,
and
cross-contamination,
no
12
quantity
of
fentanyl,
methamphetamine,
or
heroin
can
be
safely
13
possessed
or
circulated
outside
of
lawful
and
tightly
regulated
14
contexts.
15
3.
Market
participation
and
foreseeability.
Knowing
16
possession
of
these
substances
sustains
illicit
markets
in
17
which
serious
bodily
injury
and
death
are
predictable
outcomes,
18
imposing
unacceptable
risks
on
users,
bystanders,
first
19
responders,
and
the
broader
community.
20
4.
Need
for
escalated
penalties.
Existing
misdemeanor
21
penalties
for
possession
fail
to
reflect
the
gravity
of
the
22
harm
caused,
undermine
deterrence,
and
are
inconsistent
with
23
the
state’s
compelling
interest
in
protecting
public
safety.
24
5.
Proportionality.
Graduated
felony
penalties
for
25
possession
of
lethal
narcotics
are
proportionate
to
the
26
severity
of
the
conduct
when
paired
with
rebuttable,
27
treatment-oriented
discretion
for
first-time
offenders
and
28
sharper
incapacitation
for
repeat
offenders.
29
6.
Purpose.
The
purposes
of
this
division
of
this
Act
30
are
to
reduce
demand
for
lethal
narcotics,
deter
continued
31
possession
and
use,
and
protect
the
public
by
aligning
criminal
32
penalties
with
the
known
dangers
of
these
substances.
33
Sec.
2.
Section
124.101,
Code
2026,
is
amended
by
adding
the
34
following
new
subsection:
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NEW
SUBSECTION
.
18A.
“Lethal
narcotic”
means
fentanyl
or
1
any
fentanyl
analog,
methamphetamine,
heroin,
or
any
mixture
or
2
compound
containing
a
detectable
amount
of
any
such
substance.
3
Sec.
3.
NEW
SECTION
.
124.401H
Possession
of
lethal
4
narcotics.
5
1.
Notwithstanding
section
124.401,
subsection
5,
a
person
6
who
knowingly
possesses
a
lethal
narcotic
is
guilty
of
the
7
following:
8
a.
(1)
For
a
first
offense,
a
class
“D”
felony.
9
(2)
All
or
any
part
of
a
sentence
imposed
pursuant
to
this
10
paragraph
may
be
suspended
and
the
person
placed
upon
probation
11
upon
such
terms
and
conditions
as
the
court
may
impose.
12
(3)
The
court
shall
order
a
substance
use
disorder
13
evaluation
as
a
condition
of
the
sentence
or
supervision
and
14
may
require
the
active
participation
by
such
person
in
a
drug
15
treatment,
rehabilitation,
or
education
program
approved
by
the
16
court.
17
b.
For
a
second
offense,
a
class
“C”
felony.
No
such
18
judgment,
sentence,
or
part
thereof
shall
be
deferred
or
19
suspended.
20
c.
For
a
third
or
subsequent
offense,
a
class
“B”
felony.
21
No
such
judgment,
sentence,
or
part
thereof
shall
be
deferred
22
or
suspended.
23
2.
A
person
in
the
immediate
possession
or
control
of
a
24
firearm
while
participating
in
a
violation
of
this
section
25
shall
be
sentenced
to
two
times
the
term
otherwise
imposed
by
26
law,
and
no
such
judgment,
sentence,
or
part
thereof
shall
be
27
deferred
or
suspended.
28
3.
A
person
in
the
immediate
possession
or
control
of
29
an
offensive
weapon,
as
defined
in
section
724.1,
while
30
participating
in
a
violation
of
this
subsection,
shall
be
31
sentenced
to
three
times
the
term
otherwise
imposed
by
law,
and
32
no
such
judgment,
sentence,
or
part
thereof
shall
be
deferred
33
or
suspended.
34
DIVISION
II
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RECKLESS
HOMICIDE
BY
LETHAL
NARCOTIC
TRANSFER
1
Sec.
4.
LEGISLATIVE
FINDINGS
AND
PURPOSE.
The
general
2
assembly
finds
and
declares
all
of
the
following:
3
1.
Extraordinary
and
unique
lethality
——
the
microdose
of
4
death.
Fentanyl
is
an
ultra-potent
synthetic
opioid
with
a
5
lethal
dose
measured
in
micrograms.
A
quantity
too
small
to
6
be
seen,
smelled,
or
tasted
can
cause
respiratory
failure
and
7
death
within
minutes.
When
fentanyl
is
added
to
an
illicit
8
substance,
the
substance
becomes
a
lethal
instrument
capable
of
9
indiscriminate
death.
Methamphetamine
and
heroin,
in
illicit
10
form,
present
comparably
catastrophic
overdose
and
mortality
11
risks
due
to
uncontrolled
potency
and
adulteration.
12
2.
Market
reality
——
a
system
of
predictable
death.
The
13
illicit
drug
market
is
a
systemic
chain
in
which
adulteration,
14
substitution,
dilution,
and
cross-contamination
are
routine
15
and
foreseeable.
Fatal
overdoses
are
not
aberrations
but
16
predictable
outcomes
of
this
system,
sustained
by
each
unlawful
17
transfer.
18
3.
Constructive
notice
——
affirmative
acceptance
of
a
19
fatal
risk.
Any
person
who
knowingly
possesses
or
transfers
20
an
illegal
controlled
substance
does
so
with
irrefutable
21
constructive
notice
that
the
substance
may
contain
fentanyl,
22
methamphetamine,
heroin,
or
similarly
lethal
adulterants.
23
Voluntary
participation
in
the
illicit
market
constitutes
an
24
affirmative
acceptance
of
an
extreme
and
unjustifiable
risk
25
of
death
to
others,
demonstrating
reckless
indifference
to
26
human
life.
Ignorance
of
precise
chemical
composition
is
27
not
exculpatory
because
the
danger
arises
from
the
market
28
participation
itself.
29
4.
No
safe
quantity
——
the
invisible
threat.
Because
30
microscopic
amounts
can
be
fatal
and
dosage
is
uncontrolled,
no
31
detectable
amount
of
a
lethal
narcotic
can
be
safely
possessed
32
or
transferred
outside
of
lawful
and
tightly
regulated
33
contexts.
34
5.
Proportionality
determination.
Enhanced
criminal
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penalties
and
civil
liability
are
proportionate
to
the
1
foreseeability
of
death,
magnitude
of
harm,
and
degree
of
2
reckless
indifference
involved,
particularly
when
paired
with
3
narrow
postconviction
proportionality
review.
4
6.
Purpose.
The
purposes
of
this
division
of
this
Act
5
are
to
treat
drug-induced
death
as
foreseeable
homicide;
6
to
incapacitate
those
who
sustain
lethal
markets;
to
7
deter
participation
by
aligning
penalties
with
real-world
8
consequences;
and
to
protect
the
public
from
substances
9
functioning
as
weapons
of
mass
casualty
when
unlawfully
10
circulated.
11
Sec.
5.
NEW
SECTION
.
707.12
Reckless
homicide
by
lethal
12
narcotic
transfer.
13
1.
A
person
violates
this
section
when
the
person
knowingly
14
transfers
a
controlled
substance,
in
violation
of
chapter
124,
15
that
contains
a
lethal
narcotic
that
is
a
proximate
cause
of
16
the
death
of
another
person
by
the
injection,
inhalation,
17
absorption,
or
ingestion
of
the
lethal
narcotic.
It
is
not
18
a
defense
that
the
other
person
voluntarily
ingested
the
19
substance,
contributed
to
the
death,
or
consented
to
the
20
administration
of
the
lethal
narcotic.
For
purposes
of
this
21
section,
“lethal
narcotic”
means
the
same
as
defined
in
section
22
124.101.
23
2.
Notwithstanding
any
other
provision
of
law,
a
person
24
committing
a
violation
of
this
section
is
guilty
of
a
class
“A”
25
felony.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
establishes
the
criminal
offenses
of
possession
30
of
lethal
narcotics
and
reckless
homicide
by
lethal
narcotic
31
transfer.
The
bill
contains
legislative
findings
and
purposes.
32
DIVISION
I.
The
bill
defines
“lethal
narcotic”
as
fentanyl
33
or
any
fentanyl
analog,
methamphetamine,
heroin,
or
any
34
mixture
or
compound
containing
a
detectable
amount
of
any
such
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substance.
1
The
bill
provides
that,
notwithstanding
Code
section
2
124.401(5),
for
a
first
offense,
a
person
who
knowingly
3
possesses
a
lethal
narcotic
is
guilty
of
a
class
“D”
felony.
4
All
or
any
part
of
a
sentence
imposed
may
be
suspended
and
the
5
person
placed
upon
probation
upon
such
terms
and
conditions
6
as
the
court
may
impose.
The
court
shall
order
a
substance
7
use
disorder
evaluation
as
a
condition
of
the
sentence
or
8
supervision
and
may
require
the
active
participation
by
such
9
person
in
a
drug
treatment,
rehabilitation,
or
education
10
program
approved
by
the
court.
For
a
second
offense,
the
11
person
is
guilty
of
a
class
“C”
felony,
and
no
such
judgment,
12
sentence,
or
part
thereof
may
be
deferred
or
suspended.
For
a
13
third
or
subsequent
offense,
the
person
is
guilty
of
a
class
14
“B”
felony,
and
no
such
judgment,
sentence,
or
part
thereof
may
15
be
deferred
or
suspended.
16
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
17
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
18
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
for
19
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
20
than
$13,660.
A
class
“B”
felony
is
punishable
by
confinement
21
for
no
more
than
25
years.
22
The
bill
provides
that
a
person
in
the
immediate
possession
23
or
control
of
a
firearm
while
participating
in
a
violation
of
24
this
division
of
the
bill
shall
be
sentenced
to
two
times
the
25
term
otherwise
imposed
by
law,
and
no
such
judgment,
sentence,
26
or
part
thereof
shall
be
deferred
or
suspended.
The
bill
27
provides
that
a
person
in
the
immediate
possession
or
control
28
of
an
offensive
weapon,
as
defined
in
Code
section
724.1,
while
29
participating
in
a
violation
of
the
bill,
shall
be
sentenced
30
to
three
times
the
term
otherwise
imposed
by
law,
and
no
such
31
judgment,
sentence,
or
part
thereof
shall
be
deferred
or
32
suspended.
33
DIVISION
II.
The
bill
provides
that
a
person
commits
34
reckless
homicide
by
lethal
narcotic
transfer
when
the
person
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knowingly
transfers
a
controlled
substance
that
contains
a
1
lethal
narcotic
that
is
a
proximate
cause
of
the
death
of
2
another
person
by
the
injection,
inhalation,
absorption,
or
3
ingestion
of
the
lethal
narcotic.
It
is
not
a
defense
that
the
4
other
person
voluntarily
ingested
the
substance,
contributed
5
to
the
death,
or
consented
to
the
administration
of
the
lethal
6
narcotic.
A
person
committing
reckless
homicide
by
lethal
7
narcotic
transfer
is
guilty
of
a
class
“A”
felony.
8
A
class
“A”
felony
is
punishable
by
confinement
for
life
9
without
possibility
of
parole.
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