Bill Text: IA HF283 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act creating the criminal offense of defrauding a drug or alcohol test and providing penalties. (Formerly HSB 22.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-03-08 - Signed by Governor. H.J. 645. [HF283 Detail]
Download: Iowa-2021-HF283-Enrolled.html
House
File
283
-
Enrolled
House
File
283
AN
ACT
CREATING
THE
CRIMINAL
OFFENSE
OF
DEFRAUDING
A
DRUG
OR
ALCOHOL
TEST
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
715A.1,
Code
2021,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Drug
or
alcohol
test”
includes
a
drug
or
alcohol
test
given
in
a
private-sector
workplace
pursuant
to
section
730.5
and
a
drug
or
alcohol
test
given
by
a
public
employer.
NEW
SUBSECTION
.
1B.
“Public
employer”
means
the
state,
its
boards,
commissions,
agencies,
and
departments,
and
its
political
subdivisions
including
school
districts
and
other
special
purpose
districts.
NEW
SUBSECTION
.
1C.
“Synthetic
urine”
means
any
substance
that
is
designed
to
simulate
the
composition,
chemical
properties,
physical
appearance,
or
physical
properties
of
human
urine
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
House
File
283,
p.
2
NEW
SUBSECTION
.
1D.
“Urine
additive”
means
any
substance
that
is
designed
to
be
added
to
human
urine
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
Sec.
2.
NEW
SECTION
.
715A.11
Synthetic
urine
and
urine
additives
——
defrauding
drug
or
alcohol
test.
1.
A
person
shall
not
manufacture,
market,
sell,
distribute,
use,
or
possess
synthetic
urine
or
a
urine
additive
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
2.
A
person
shall
not
knowingly
use
the
person’s
own
urine
expelled
or
withdrawn
prior
to
the
collection
of
a
urine
sample
from
the
person
for
a
drug
or
alcohol
test
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
3.
A
person
shall
not
knowingly
use
the
urine
of
another
person
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
4.
This
section
shall
not
apply
to
the
manufacture,
marketing,
sale,
distribution,
use,
or
possession
of
synthetic
urine
or
a
urine
additive
if
the
manufacture,
marketing,
sale,
distribution,
use,
or
possession
is
solely
for
educational
or
law
enforcement
purposes.
5.
A
person
who
violates
this
section
is
guilty
of
a
simple
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
each
subsequent
offense.
The
court
may
require
a
substance
abuse
evaluation
and
treatment
through
a
program
licensed
by
the
Iowa
department
of
public
health
in
lieu
of
or
in
addition
to
other
penalties.
All
substance
abuse
evaluation
required
under
this
subsection
shall
be
completed
at
the
expense
of
the
defendant.
6.
Except
as
prohibited
by
law,
a
person
who
collects
a
urine
sample
from
another
person
for
a
drug
or
alcohol
test,
having
knowledge
or
a
reasonable
suspicion
that
the
other
person
has
used
synthetic
urine
or
a
urine
additive
to
defraud
the
test
in
violation
of
subsection
1,
may
report
such
information
to
law
enforcement
authorities.
7.
Notwithstanding
any
other
law
to
the
contrary,
the
prosecution
of
a
person
for
a
violation
of
this
section
shall
not
preclude
a
prosecution
of
that
person
under
other
applicable
law.
8.
This
section
shall
not
be
construed
to
encourage,
conflict
with,
or
otherwise
interfere
with
the
preemption
of
House
File
283,
p.
3
any
federal,
state,
or
local
laws
or
regulations
related
to
drug
and
alcohol
testing
procedures
and
confidentiality.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
283,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
