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Bill > HB239


DE HB239

DE HB239
An Act To Amend Title 16 Of The Delaware Code Relating To The Distribution Or Delivery Of A Controlled Substance Causing Death.


summary

Introduced
01/14/2016
In Committee
03/30/2016
Crossed Over
03/24/2016
Passed
04/20/2016
Dead
Signed/Enacted/Adopted
07/21/2016

Introduced Session

148th General Assembly

Bill Summary

This bill creates the crime of Drug Dealing – Resulting in death. This purpose of this bill is to address the recent spike in deaths resulting from substances such as heroin and fentanyl.

AI Summary

This bill, known as Brock Cerklefskie's Law, creates a new crime called "Drug Dealing - Resulting in death" to address a recent increase in fatalities caused by substances like heroin and fentanyl. Under this law, a person is guilty of this crime if they provide a Schedule I or II controlled substance, which are typically highly addictive and dangerous drugs, in a significant quantity to someone else, and that substance later causes the death of the person who uses it. Importantly, the law clarifies that the person who delivered the drug can be held responsible even if they didn't directly give it to the person who died, and it also establishes an affirmative defense if the defendant made a genuine effort to get emergency medical or law enforcement help for the person who overdosed. Violating this law is classified as a class B felony, a serious criminal offense.

Committee Categories

Health and Social Services, Justice

Sponsors (14)

Last Action

Signed by Governor (on 07/21/2016)

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