Establishing a cause of action for murder in the first degree by causing the death of another by delivering, dispensing, or providing fentanyl or a fentanyl-related substance, and making penalties applicable

Description

House File 792 provides that a person who unlawfully delivers, dispenses, or otherwise provides fentanyl or a fentanyl-related substance, as defined in Iowa Code section 124.204, to another person that results in the death of that person commits murder in the first degree. The Bill also establishes that it may not be used as a defense that the other person contributed to the person’s own death by the purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance, or by consenting to the administration of the controlled substance by another person.

Background

Murder in the first degree is a Class A felony. A Class A felony is punishable by confinement for life in prison without the possibility of parole.

Under Iowa Code section 707.2, a person commits murder in the first degree under any of the following circumstances:

• The person willfully, deliberately, and with premeditation kills another person.
• The person kills another person while participating in a forcible felony.
• The person kills another person while escaping or attempting to escape from lawful custody.
• The person intentionally kills a peace officer, correctional officer, public employee, or hostage while the person is imprisoned in a correctional institution of the Iowa Department of Corrections (DOC) or a city or county jail.
• The person kills a child while committing child endangerment under Iowa Code section 726.6(1)(b), or while committing assault under Iowa Code section 708.1 upon the child, and the death occurs under circumstances manifesting an extreme indifference to human life.
• The person kills another person while participating in an act of terrorism as defined in Iowa Code section 708A.1(3).

In FY 2024, there were 10 convictions under Iowa Code section 124.401(1) for the manufacture, delivery, or possession of fentanyl.

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 delay 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.
• The current marginal cost per day in prison is $24.51.
• At a minimum, Class A felonies require two indigent defense attorneys at a cost of approximately $44,400 and include court time and jury trial costs ranging from $10,100 to $14,300.

Correctional Impact

House File 792 creates a new criminal offense for delivering, dispensing, or providing fentanyl or fentanyl-related substances that results in the death of another person. The correctional impact cannot be determined due to a lack of data. Class A felonies are punishable by a mandatory life sentence. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.

Minority Impact

House File 792 creates a new penalty for delivering, dispensing, or providing fentanyl or fentanyl-related substances that results in the death of another person. As this Bill creates a new criminal offense, the minority impact cannot be determined using existing data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 792 creates a new criminal offense and the fiscal impact cannot be determined. The average State cost for a Class A felony ranges between $199,400 and $203,600. This includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. Prison supervision costs will be incurred across multiple fiscal years.

Sources

• Judicial Branch
• Department of Corrections
• Criminal Justice and Juvenile Justice Planning (CJJP), Department of Management (DOM)