Bill > HF2576

Introduced Session

This bill establishes the criminal offenses of possession of lethal narcotics and reckless homicide by lethal narcotic transfer. The bill contains legislative findings and purposes. DIVISION I. The bill defines “lethal narcotic” as fentanyl or any fentanyl analog, methamphetamine, heroin, or any mixture or compound containing a detectable amount of any such substance. The bill provides that, notwithstanding Code section 124.401(5), for a first offense, a person who knowingly possesses a lethal narcotic is guilty of a class “D” felony. All or any part of a sentence imposed may be suspended and the person placed upon probation upon such terms and conditions as the court may impose. The court shall order a substance use disorder evaluation as a condition of the sentence or supervision and may require the active participation by such person in a drug treatment, rehabilitation, or education program approved by the court. For a second offense, the person is guilty of a class “C” felony, and no such judgment, sentence, or part thereof may be deferred or suspended. For a third or subsequent offense, the person is guilty of a class “B” felony, and no such judgment, sentence, or part thereof may be deferred or suspended. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than 25 years. The bill provides that a person in the immediate possession or control of a firearm while participating in a violation of this division of the bill shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended. The bill provides that a person in the immediate possession or control of an offensive weapon, as defined in Code section 724.1, while participating in a violation of the bill, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended. DIVISION II. The bill provides that a person commits reckless homicide by lethal narcotic transfer when the person knowingly transfers a controlled substance that contains a lethal narcotic that is a proximate cause of the death of another person by the injection, inhalation, absorption, or ingestion of the lethal narcotic. It is not a defense that the other person voluntarily ingested the substance, contributed to the death, or consented to the administration of the lethal narcotic. A person committing reckless homicide by lethal narcotic transfer is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.

AI Summary

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Charley Thomson (R)*, 

Introduced, referred to Public Safety. H.J. 329. (on 02/18/2026)

Official Document