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Bill > SB746


VA SB746

VA SB746
Involuntary manslaughter; certain drug offenses.


summary

Introduced
11/18/2024
In Committee
02/10/2025
Crossed Over
02/21/2025
Passed
03/07/2025
Dead
Signed/Enacted/Adopted
05/02/2025

Introduced Session

2025 Regular Session

Bill Summary

Involuntary manslaughter; certain drug offenses. Provides that any person who knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, and unintentionally causes the death of another person is guilty of involuntary manslaughter if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the manufacturing, sale, or distribution of such controlled substance occurred, where the use of the controlled substance occurred, or where death occurred.The bill also provides that if a person gave or distributed such controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is not guilty of involuntary manslaughter but is guilty of a Class 6 felony. This bill is identical to HB 2657.

AI Summary

This bill creates a new legal provision that makes a person guilty of involuntary manslaughter if they knowingly manufacture, sell, or distribute a controlled substance containing fentanyl (a powerful synthetic opioid) and unintentionally cause someone's death through its use. The bill specifies that the defendant can be prosecuted in the locality where the drug was manufactured, sold, distributed, used, or where the death occurred. Importantly, the bill includes a provision that if the person gave or distributed the drug only as an accommodation to another individual (without intent to profit or induce addiction) and the recipient is not an inmate or in custody, they would not be charged with involuntary manslaughter but instead with a Class 6 felony. The legislation also clarifies that the victim's voluntary use of the controlled substance is not a defense for the defendant. Additionally, the bill ensures that a person convicted under this new involuntary manslaughter provision cannot be simultaneously prosecuted for related drug offenses arising from the same incident. The bill appears to be part of an effort to address the ongoing opioid crisis by creating stricter legal consequences for drug distribution that results in fatal overdoses.

Committee Categories

Budget and Finance, Justice

Sponsors (4)

Last Action

Acts of Assembly Chapter text (CHAP0721) (on 05/02/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/SB746
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/CHAP0721
Fiscal Note/Analysis - Impact statement from VCSC (SB746) https://lis.blob.core.windows.net/files/1075890.PDF
Governor's Recommendation SB746 https://lis.virginia.gov/bill-details/20251/SB746/text/SB746AG
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746S3
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB746) https://lis.blob.core.windows.net/files/1069908.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB746) https://lis.blob.core.windows.net/files/1068135.PDF
Fiscal Note/Analysis - Impact statement from VCSC (SB746) https://lis.blob.core.windows.net/files/1068126.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746S2
Conference Report SB746 https://lis.virginia.gov/bill-details/20251/SB746/text/SB746AC
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB746) https://lis.blob.core.windows.net/files/1047717.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746H1
Fiscal Note/Analysis - Impact statement from VCSC (SB746) https://lis.blob.core.windows.net/files/1046726.PDF
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB746) https://lis.blob.core.windows.net/files/1038025.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746S1
Fiscal Note/Analysis - Impact statement from VCSC (SB746) https://lis.blob.core.windows.net/files/1031558.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746SC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB746) https://lis.blob.core.windows.net/files/1017474.PDF
Fiscal Note/Analysis - Impact statement from VCSC (SB746) https://lis.blob.core.windows.net/files/1014252.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB746/text/SB746
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