Summary:

 Senate Bill 95 (SB 95) makes the distribution of fentanyl resulting in death a capital felony.  

Legislation Overview:

 Senate Bill 95 (SB 95)  enacts a new section of the Controlled Substances Act that makes the distribution of fentanyl that results in death a capital felony. When a person has been convicted of a capital felony, the sentence is life imprisonment or life imprisonment without the possibility of release or parole.  
The bill defines this crime as the intentional and unlawful distribution of any amount of fentanyl or a fentanyl-related substance that results in the death of a person by injecting, inhaling, absorbing or ingesting the drug.  “Fentanyl-related substance” is defined as a substance that is structurally related to fentanyl by certain chemical modifications.  
The bill further provides that it is not a defense that the deceased victim purposefully, knowingly, recklessly or negligently took the drug.   

Current Law:

 Current law does not have the crime of distribution of fentanyl resulting in death.