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MD HB1398

MD HB1398
Criminal Law - Distribution of Heroin or Fentanyl Causing Serious Bodily Injury or Death (Victoria, Scottie, Ashleigh, and Yader's Law)


summary

Introduced
02/07/2025
In Committee
02/07/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Prohibiting an individual from distributing heroin or fentanyl or chemical analogues of heroin or fentanyl, the use of which results in the death or serious bodily injury of another; and providing that a person who violates the Act is guilty of a felony and, in addition to any other penalty imposed for a certain violation, on conviction is subject to imprisonment not exceeding 20 years.

AI Summary

This bill, named Victoria, Scottie, Ashleigh, and Yader's Law, establishes new criminal penalties for distributing heroin, fentanyl, or their chemical analogues that result in death or serious bodily injury. The legislation defines "distribute" as excluding the sharing of these substances without payment or exchange of goods/services. Under the bill, a person who distributes these drugs without lawful authority can be prosecuted if their distribution leads to death or serious injury, even if the drugs were mixed with other substances or transferred multiple times before the incident. The bill specifies that each person involved in the drug transfer can be held liable. Convicted individuals face a felony charge with potential imprisonment of up to 20 years, and this sentence must be served consecutively with any other sentences. Importantly, the law includes a good faith exception for individuals who seek medical assistance for someone experiencing a drug-related emergency, providing immunity from prosecution if the evidence was obtained solely through their medical intervention. The bill is set to take effect on October 1, 2025, and allows prosecution in either the county where the drug distribution occurred or where the death or serious injury took place.

Committee Categories

Justice

Sponsors (11)

Last Action

House Judiciary Hearing (11:00:00 2/18/2025 ) (on 02/18/2025)

bill text


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