Bill Text: IA SF2273 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating the criminal offense of defrauding a drug or alcohol test and providing penalties. (Formerly SSB 3013.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-04 - Attached to companion HF 2473. S.J. 526. [SF2273 Detail]
Download: Iowa-2019-SF2273-Introduced.html
Senate
File
2273
-
Introduced
SENATE
FILE
2273
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3013)
A
BILL
FOR
An
Act
creating
the
criminal
offense
of
defrauding
a
drug
or
1
alcohol
test
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2273
Section
1.
Section
715A.1,
Code
2020,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“Drug
or
alcohol
test”
includes
a
drug
3
or
alcohol
test
given
in
a
private-sector
workplace
pursuant
4
to
section
730.5
and
a
drug
or
alcohol
test
given
by
a
public
5
employer.
6
NEW
SUBSECTION
.
1B.
“Public
employer”
means
the
state,
7
its
boards,
commissions,
agencies,
and
departments,
and
its
8
political
subdivisions
including
school
districts
and
other
9
special
purpose
districts.
10
NEW
SUBSECTION
.
1C.
“Synthetic
urine”
means
any
substance
11
that
is
designed
to
simulate
the
composition,
chemical
12
properties,
physical
appearance,
or
physical
properties
of
13
human
urine
for
the
purpose
of
defrauding
a
drug
or
alcohol
14
test.
15
NEW
SUBSECTION
.
1D.
“Urine
additive”
means
any
substance
16
that
is
designed
to
be
added
to
human
urine
for
the
purpose
of
17
defrauding
a
drug
or
alcohol
test.
18
Sec.
2.
NEW
SECTION
.
715A.11
Synthetic
urine
and
urine
19
additives
——
defrauding
drug
or
alcohol
test.
20
1.
A
person
shall
not
manufacture,
market,
sell,
21
distribute,
use,
or
possess
synthetic
urine
or
a
urine
additive
22
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
23
2.
A
person
shall
not
knowingly
use
the
person’s
own
urine
24
expelled
or
withdrawn
prior
to
the
collection
of
a
urine
sample
25
from
the
person
for
a
drug
or
alcohol
test
for
the
purpose
of
26
defrauding
a
drug
or
alcohol
test.
27
3.
A
person
shall
not
knowingly
use
the
urine
of
another
28
person
for
the
purpose
of
defrauding
a
drug
or
alcohol
test.
29
4.
This
section
shall
not
apply
to
the
manufacture,
30
marketing,
sale,
distribution,
use,
or
possession
of
synthetic
31
urine
or
a
urine
additive
if
the
manufacture,
marketing,
sale,
32
distribution,
use,
or
possession
is
solely
for
educational
or
33
law
enforcement
purposes.
34
5.
A
person
who
violates
this
section
is
guilty
of
a
simple
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2273
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
1
each
subsequent
offense.
2
6.
Except
as
prohibited
by
law,
a
person
who
collects
3
a
urine
sample
from
another
person
for
a
drug
or
alcohol
4
test
having
knowledge
or
a
reasonable
suspicion
that
the
5
other
person
has
used
synthetic
urine
or
a
urine
additive
to
6
defraud
the
test
in
violation
of
subsection
1,
may
report
such
7
information
to
law
enforcement
authorities.
8
7.
Notwithstanding
any
other
law
to
the
contrary,
the
9
prosecution
of
a
person
for
a
violation
of
this
section
10
shall
not
preclude
a
prosecution
of
that
person
under
other
11
applicable
law.
12
8.
This
section
shall
not
be
construed
to
encourage,
13
conflict
with,
or
otherwise
interfere
with
the
preemption
of
14
any
federal,
state,
or
local
laws
or
regulations
related
to
15
drug
and
alcohol
testing
procedures
and
confidentiality.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
creates
the
criminal
offense
of
defrauding
a
drug
20
or
alcohol
test.
21
The
bill
prohibits
a
person
from
manufacturing,
marketing,
22
selling,
distributing,
using,
or
possessing
synthetic
urine
23
or
a
urine
additive
for
the
purpose
of
defrauding
a
drug
24
or
alcohol
test;
prohibits
a
person
from
knowingly
using
25
the
person’s
own
urine
expelled
or
withdrawn
prior
to
the
26
collection
of
a
urine
sample
from
the
person
for
a
drug
or
27
alcohol
test
for
the
purpose
of
defrauding
a
drug
or
alcohol
28
test;
and
prohibits
a
person
from
knowingly
using
the
urine
of
29
another
person
for
the
purpose
of
defrauding
a
drug
or
alcohol
30
test.
31
The
bill
provides
that
notwithstanding
any
other
law
to
the
32
contrary,
the
prosecution
of
a
person
for
a
violation
of
the
33
bill
does
not
preclude
prosecution
of
that
person
under
other
34
applicable
law.
The
bill
shall
not
be
construed
to
encourage,
35
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2273
conflict
with,
or
otherwise
interfere
with
the
preemption
of
1
any
federal,
state,
or
local
laws
or
regulations
relating
to
2
drug
or
alcohol
testing
procedures
and
confidentiality.
3
The
bill
does
not
apply
to
the
manufacture,
marketing,
sale,
4
distribution,
use,
or
possession
of
synthetic
urine
or
a
urine
5
additive
if
the
manufacture,
marketing,
sale,
distribution,
6
use,
or
possession
is
solely
for
educational
or
law
enforcement
7
purposes.
8
A
person
who
violates
the
bill
commits
a
simple
misdemeanor
9
for
a
first
offense
and
a
serious
misdemeanor
for
all
10
subsequent
offenses.
11
A
simple
misdemeanor
is
punishable
by
confinement
for
no
12
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
13
$625
or
by
both.
A
serious
misdemeanor
is
punishable
by
14
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
15
$315
but
not
more
than
$1,875.
16
The
bill
allows
a
person
who
collects
a
urine
sample
from
17
another
person
for
a
drug
or
alcohol
test,
having
knowledge
or
18
a
reasonable
suspicion
that
the
other
person
has
used
synthetic
19
urine
or
a
urine
additive
in
violation
of
the
bill,
to
report
20
such
information
to
law
enforcement
authorities.
21
The
bill
defines
“drug
or
alcohol
test”
as
a
drug
or
alcohol
22
test
given
in
a
private-sector
workplace
pursuant
to
Code
23
section
730.5
and
a
drug
or
alcohol
test
given
by
a
public
24
employer.
25
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