Bill Text: MS SB2131 | 2023 | Regular Session | Introduced
Bill Title: Aggravated assault; create crime related to the delivery of fentanyl.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SB2131 Detail]
Download: Mississippi-2023-SB2131-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2131
AN ACT TO AMEND SECTION 41-29-139.1, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF AGGRAVATED ASSAULT BY FENTANYL DELIVERY; TO IMPOSE CRIMINAL PENALTIES; TO IMPOSE A CRIMINAL FINE FOR THE CRIME OF FENTANYL DELIVERY RESULTING IN DEATH; TO DELETE THE AUTOMATIC REPEALER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-139.1, Mississippi Code of 1972, is amended as follows:
41-29-139.1. (1) A person * * * is guilty of fentanyl delivery resulting
in death if the person purposefully, knowingly or recklessly delivers or causes
the delivery of fentanyl * * * with knowledge of the fentanyl commits the crime of "fentanyl delivery
resulting in death" when as a result of the unlawful delivery of fentanyl
to another person in exchange for anything of value * * *
and death to a person results from the * * * injection, oral ingestion or inhalation of the fentanyl. Upon conviction
for violating the provisions of this subsection, the person shall be * * *
punished by a fine of Ten Thousand Dollars ($10,000.00) and imprisonment
no less than twenty (20) years to a term of life in the custody of the Mississippi
Department of Corrections.
(2) A person is guilty of aggravated assault by fentanyl delivery if the person attempts to cause serious bodily injury or causes serious bodily injury to a person purposefully, knowingly or recklessly by delivering or causing the delivery of fentanyl to another person in exchange for anything of value. Upon conviction for violating the provisions of this subsection, the person shall be punished by a fine of Five Thousand Dollars ($5,000.00) and imprisonment in the custody of the Department of Corrections for not less than five (5) years nor more than twenty (20) years.
( * * *3) For purposes of this section only, any
person, who, in good faith, without malice and in the absence of evidence of an
intent to defraud, seeks medical assistance for someone experiencing a fentanyl
overdose shall not be charged or prosecuted for a violation of this section, if
the evidence for the charge was gained as a result of the seeking of medical assistance.
( * * *4) For purposes of this section:
(a) "Fentanyl" means fentanyl and any fentanyl-related substances, to include fentanyl analogs, as set forth in Article 3, Chapter 29 of Title 41 of the Mississippi Code of 1972.
(b) "In exchange for anything of value" does not apply to the act of sharing fentanyl when the sharing results in the proximate cause of a person's death or assault under this section.
( * * *5) The legislative intent for this
bill is to assist in prosecuting any person who sells or otherwise profits from
the sale of unlawful fentanyl, which causes the death of another person. It is
not the intent of this Legislature for the provisions of this section to be used
to prosecute a drug user or drug addict who has shared fentanyl with a friend or
associate and the friend or associate dies as a result of the sharing.
( * * *6) The provisions of this section shall * * *
be * * *
in addition to any other offense or penalty provided by law.
( * * *7) The Joint Legislative Committee on Performance
Evaluation and Expenditure Review shall create an annual report of the number of
persons convicted under the provisions of this section; and shall provide the report
to the House and Senate Judiciary B committees by January 5, of each year.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.
