Bills › 89th General Assembly
HSB 22
Where it is now
- Done: IntroducedJanuary 12, 2021
- Done: SubcommitteeJanuary 12, 2021
- Done: House committeeJanuary 27, 2021
- Skipped: Passes the HouseContinued as HF 283
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 283 → Its progress continues under the new number. Go to HF 283 What’s a funnel?
What’s in it
AI summary It is now a crime to use synthetic urine, additives, or someone else's urine to cheat on a drug or alcohol test. This law applies to tests given by both government employers and private companies. People who break this law can face fines or jail time, and those who collect the samples can report suspicious activity to the police.1
Read the official explanation
This bill creates the criminal offense of defrauding a drug or alcohol test. The bill prohibits a person from manufacturing, marketing, selling, distributing, using, or possessing synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test; prohibits a person from knowingly using the person’s own urine expelled or withdrawn prior to the collection of a urine sample from the person for a drug or alcohol test for the purpose of defrauding a drug or alcohol test; and prohibits a person from knowingly using the urine of another person to defraud a drug or alcohol test. The bill provides that prosecution of a person for a violation of the bill does not preclude prosecution of that person under other applicable law. _____ regulations relating to drug or alcohol testing procedures and confidentiality. The bill does 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. A person who violates the bill commits a simple misdemeanor for an initial offense and a serious misdemeanor for all subsequent offenses. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $105 but not more than $855 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $130 but not more than $2,560. The bill allows 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 in violation of the bill, to report such information to law enforcement authorities.5 and a drug or alcohol test given by a public employer.
Changed since by amendments S-3025, H-1055; see Amendments.
House subcommittee
Named January 20, 2021. On January 20, 2021 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill creates a new criminal offense for defrauding drug or alcohol tests using synthetic urine or urine additives. Because there is no existing data on how many people currently defraud tests this way, the fiscal impact on the state cannot be estimated.3
Read the fiscal note
Description
House File 283 creates the criminal offense of defrauding a drug or alcohol test given in a private-sector workplace or by a public employer. The Bill prohibits a person from:
- Manufacturing, marketing, selling, distributing, using, or possessing synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test.
- Knowingly using a person’s own urine expelled or withdrawn prior to the collection of urine for the purpose of defrauding a drug or alcohol test.
- Knowingly using the urine of another person for the purpose of defrauding a drug or alcohol test.
A person who violates the provisions of the Bill commits a simple misdemeanor for a first offense and a serious misdemeanor for all subsequent offenses. 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.
The Bill allows 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 in violation of the Bill, to report such information to law enforcement authorities. The Bill applies to both public and private-sector workplaces.
Background
A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $130 but not more than $2,560.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 283 establishes a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction data. In addition, it is unknown how many drug tests are currently defrauded through synthetic urine.
Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of serious misdemeanors. The LOS data is not applicable to simple or serious misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system. Table 1 — LOS and Sentencing Estimates
Minority Impact
House File 283 establishes a new criminal offense, and it is unknown how often drug tests are defrauded through synthetic urine currently. As a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing data to estimate the minority impact of HF 283. In addition, there is no data available to account for any differences between races seeking the types of employment that would require such a test. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 283 establishes a new criminal offense, and the fiscal impact cannot be estimated due to the lack of existing conviction data. Table 2 contains cost estimates for the average State cost per offense class type for one conviction. The cost estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Table 2 — Average State Cost Per Offense Class Type
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Judicial Branch
- Department of Corrections
- Final Fiscal Note — Synthetic Urine Prohibition · June 8, 2021
- Synthetic Urine Prohibition · February 12, 2021
- Synthetic Urine Prohibition · February 3, 2021
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Tried before
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89th General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.
- HF 2473 Creating the criminal offense of defrauding a drug or alcohol test and providing penalties88th General Assembly · Passed House · same titlePassed a chamber
Matched by wording or an identical title.