Law clarifies county jurisdiction in some drug overdose cases

DES MOINES — A new policy going into effect this summer clarifies the prosecution of cases when illegal drugs acquired in one county lead to a person’s overdose in another county.

Representative Jon Dunwell of Newton said one of his constituents has personal experience with this kind of situation. “This mother lost her 24 year old daughter. Her daughter was heading back into getting some treatment (but)…she was going to tak e her last little bit of drugs,” Dunwell told Radio Iowa. “She bought some drugs in one county, but she died in another county.”

The law, which goes into effect July 1, says a person who supplies drugs that cause an overdose can be charged in the county where the drugs were obtained or in the county where the death or serious injury occurred. If both county attorneys are building a case, the county in which the drugs were obtained would have the primary right to proceed with a prosecution Dunwell said in his constituent’s case, it wasn’t clear that either county could bring charges and, in the end, no one was charged.

“The one county had some concerns about the case and the other county thought they could get it through,” Dunwell said, “so this would allow either county to do it.”

The bill passed the Iowa House and Senate unanimously. Dunwell and his constituent were at the Capitol last week to watch the governor sign the bill into law in a private event. “She’s sitting there with the governor. The governor has her granddaughter on her lap and she says: ‘I never thought I could make a difference,’” Dunwell said.

The child was four years old when her mother overdosed.