Bill > S1257

This bill modifies Massachusetts criminal law by creating a new provision that establishes serious criminal penalties for drug distribution resulting in death. Specifically, the bill creates a new section in Chapter 94C of the General Laws that would make it a second-degree murder offense for someone to distribute a controlled substance that leads to a person's death, even if the death was unintentional. The provision applies to anyone who is engaged in trafficking or unlawfully distributing drugs and whose distributed substance directly causes a fatality. Importantly, the bill stipulates that an individual cannot use lack of knowledge about a recipient's prior health condition as a legal defense against this charge. This means that a drug distributor could be prosecuted for murder if their drugs result in a fatal overdose, regardless of whether they intended to cause death or were unaware of the victim's medical vulnerabilities. The bill represents a significant expansion of criminal liability for drug distributors, elevating what might previously have been considered a drug distribution offense to a serious murder charge.

Justice

https://malegislature.gov/Bills/194/S1257