Bill Text: IA SSB1088 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing immunity from certain criminal offenses and prohibiting certain disciplinary sanctions for persons who report, seek, or require emergency assistance for alcohol or drug-related overdoses or protection from certain crimes, and modifying penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-23 - Subcommittee recommends amendment and passage. [SSB1088 Detail]
Download: Iowa-2017-SSB1088-Introduced.html
Senate
Study
Bill
1088
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
providing
immunity
from
certain
criminal
offenses
and
1
prohibiting
certain
disciplinary
sanctions
for
persons
who
2
report,
seek,
or
require
emergency
assistance
for
alcohol
or
3
drug-related
overdoses
or
protection
from
certain
crimes,
4
and
modifying
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
123.46,
Code
2017,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
7.
A
person
shall
not
be
charged
or
3
prosecuted
for
a
violation
of
this
section
if
the
person
is
4
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
5
Sec.
2.
Section
123.47,
Code
2017,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
9.
A
person
shall
not
be
charged
or
8
prosecuted
for
a
violation
of
subsection
3
or
4
if
the
person
9
is
immune
from
charge
or
prosecution
pursuant
to
section
10
701.12.
11
Sec.
3.
Section
123.47B,
Code
2017,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
1A.
If
a
person
under
the
age
of
14
eighteen
is
discovered
consuming
or
to
be
in
possession
of
15
alcoholic
liquor,
wine,
or
beer,
but
the
person
is
immune
from
16
prosecution
under
section
701.12,
a
peace
officer
shall
make
a
17
reasonable
effort
to
identify
the
person
and
notify
a
juvenile
18
court
officer
of
such
person’s
consumption
or
possession.
19
Sec.
4.
Section
124.401,
Code
2017,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
6.
A
person
shall
not
be
charged
or
22
prosecuted
for
a
violation
of
subsection
1
or
5
if
the
person
23
is
immune
from
charge
or
prosecution
pursuant
to
section
24
701.12.
25
Sec.
5.
Section
124.407,
Code
2017,
is
amended
by
adding
the
26
following
new
unnumbered
paragraph:
27
NEW
UNNUMBERED
PARAGRAPH
.
A
person
shall
not
be
charged
or
28
prosecuted
for
a
violation
of
this
section
if
the
person
is
29
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
30
Sec.
6.
Section
124.414,
Code
2017,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
4.
A
person
shall
not
be
charged
or
33
prosecuted
for
a
violation
of
this
section
if
the
person
is
34
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
35
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Sec.
7.
Section
262.9,
Code
2017,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
39.
Prohibit
an
institution
of
higher
3
education
under
its
control
from
imposing
any
of
the
following
4
disciplinary
sanctions
against
a
student
for
possession
or
5
consumption
of
alcohol
or
a
controlled
substance
or
possession
6
of
drug
paraphernalia
if
the
student
is
immune
from
charge
or
7
prosecution
pursuant
to
section
701.12:
8
a.
Removal
from
a
course.
9
b.
Enrollment
restrictions
in
a
course
or
program.
10
c.
Suspension
or
expulsion
from
the
university.
11
d.
Eviction
or
exclusion
from
student
housing.
12
Sec.
8.
Section
321.216B,
Code
2017,
is
amended
to
read
as
13
follows:
14
321.216B
Use
of
driver’s
license
or
nonoperator’s
15
identification
card
by
underage
person
to
obtain
alcohol.
16
1.
A
person
who
is
under
the
age
of
twenty-one,
who
alters
17
or
displays
or
has
in
the
person’s
possession
a
fictitious
18
or
fraudulently
altered
driver’s
license
or
nonoperator’s
19
identification
card
and
who
uses
the
license
to
violate
or
20
attempt
to
violate
section
123.47
,
commits
a
simple
misdemeanor
21
punishable
as
a
scheduled
violation
under
section
805.8A,
22
subsection
4
.
The
court
shall
forward
a
copy
of
the
conviction
23
to
the
department.
24
2.
A
person
shall
not
be
charged
or
prosecuted
for
a
25
violation
of
this
section
if
the
person
is
immune
from
charge
26
or
prosecution
pursuant
to
section
701.12.
27
Sec.
9.
Section
321.284,
Code
2017,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
3.
A
person
shall
not
be
charged
or
30
prosecuted
for
a
violation
of
this
section
if
the
person
is
31
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
32
Sec.
10.
Section
321.284A,
Code
2017,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
6.
A
person
shall
not
be
charged
or
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prosecuted
for
a
violation
of
this
section
if
the
person
is
1
immune
from
charge
or
prosecution
pursuant
to
section
701.12.
2
Sec.
11.
NEW
SECTION
.
701.12
Persons
seeking
emergency
3
assistance
for
overdose
or
crime
victims
——
immunity.
4
1.
A
person
shall
not
be
charged
or
prosecuted
for
the
5
violation
of
any
of
the
following
offenses
if
the
evidence
6
for
the
charge
was
obtained
as
a
result
of
the
person
in
good
7
faith
seeking
emergency
assistance
for
the
person
or
another
8
person
due
to
an
alcohol
or
drug-related
overdose
or
because
9
the
person
or
other
person
is
a
victim
of
a
crime
prohibited
by
10
chapter
708,
709,
or
710A:
11
a.
Section
123.46.
12
b.
Section
123.47,
subsection
3
or
4.
13
c.
Section
124.401,
subsection
1
or
5.
14
d.
Section
124.407.
15
e.
Section
124.414.
16
f.
Section
321.216B.
17
g.
Section
321.284.
18
h.
Section
321.284A.
19
2.
To
be
eligible
for
immunity
under
this
section,
the
20
reporting
person,
or
persons
acting
in
concert,
must
do
all
of
21
the
following:
22
a.
Be
the
first
person
to
seek
emergency
assistance.
23
b.
Provide
the
reporting
person’s
name
and
contact
24
information
to
medical
or
law
enforcement
personnel.
25
c.
Remain
on
the
scene
until
assistance
arrives
or
is
26
provided.
27
d.
Cooperate
with
medical
and
law
enforcement
personnel.
28
3.
The
person
for
whom
emergency
assistance
was
sought
as
29
described
in
subsection
1
shall
not
be
charged
or
prosecuted
30
for
an
offense
listed
in
subsection
1.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
provides
immunity
from
certain
criminal
offenses
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and
prohibits
certain
disciplinary
sanctions
for
certain
1
persons
who
seek
or
require
emergency
assistance
for
alcohol
or
2
drug-related
overdoses
or
protection
from
certain
crimes.
3
The
bill
creates
new
Code
section
701.12,
which
provides
4
that
a
person
shall
not
be
charged
or
prosecuted
for
public
5
intoxication,
possession
of
alcohol
under
the
legal
age,
6
possession
or
use
of
a
controlled
substance,
possession
of
7
drug
paraphernalia,
use
of
a
driver’s
license
by
an
underage
8
person
to
obtain
alcohol,
or
possession
of
an
open
container
in
9
a
motor
vehicle,
if
the
person
in
good
faith
sought
emergency
10
assistance
for
the
person
or
another
person
due
to
an
alcohol
11
or
drug-related
overdose
or
because
the
person
or
other
12
person
is
a
victim
of
a
crime
prohibited
by
Code
chapter
708
13
(assault),
709
(sexual
abuse),
or
710A
(human
trafficking).
14
A
person
seeking
emergency
assistance
is
only
eligible
for
15
immunity
if
the
person,
or
persons
acting
in
concert,
is
16
the
first
person
to
seek
emergency
assistance,
provides
the
17
reporting
person’s
name
and
contact
information
to
medical
18
or
law
enforcement
personnel,
remains
on
the
scene
until
19
assistance
arrives
or
is
provided,
and
cooperates
with
medical
20
and
law
enforcement
personnel.
The
bill
also
provides
immunity
21
to
the
person
for
whom
emergency
assistance
was
sought.
22
Under
Code
section
232.52,
a
juvenile
court
may
suspend
23
or
revoke
the
driver’s
license
or
operating
privilege
of
a
24
person
under
the
age
of
18,
for
a
period
of
one
year,
who
25
has
violated
Code
section
123.46
or
123.47
or
Code
chapter
26
124.
Because
the
bill
provides
immunity
to
persons
from
those
27
provisions,
a
person
under
the
age
of
18
who
receives
immunity
28
from
prosecution
under
the
bill
will
not
face
the
loss
of
such
29
person’s
driver’s
license
for
one
year.
30
The
bill
provides
that
if
a
person
under
the
age
of
18
is
31
discovered
consuming
or
to
be
in
possession
of
alcohol
but
32
receives
immunity
from
prosecution
under
Code
section
701.12,
33
a
peace
officer
shall
notify
a
juvenile
court
officer
of
34
such
person’s
consumption
or
possession.
Under
Code
section
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123.47B(2),
the
juvenile
court
officer
is
required
to
notify
1
the
person’s
custodial
parent,
legal
guardian,
or
custodian
and
2
the
superintendent
of
authority
in
charge
of
the
school
the
3
person
attends
of
the
consumption
or
possession.
4
The
bill
directs
the
board
of
regents
to
prohibit
the
regents
5
universities
from
imposing
certain
disciplinary
sanctions
6
against
a
student
for
the
possession
or
consumption
of
alcohol
7
or
a
controlled
substance
or
possession
of
drug
paraphernalia
8
if
the
student
is
immune
from
prosecution
pursuant
to
new
Code
9
section
701.12.
The
prohibited
disciplinary
sanctions
are
the
10
removal
from
a
course,
enrollment
restrictions
in
a
course
11
or
program,
suspension
or
expulsion
from
the
university,
or
12
eviction
or
exclusion
from
student
housing.
13
The
bill
makes
conforming
changes.
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