Bill Text: MS SB2200 | 2025 | Regular Session | Introduced

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Bill Title: Parker's Law; delete repealer on crime of fentanyl delivery resulting in death.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-28 - Title Suff Do Pass [SB2200 Detail]

Download: Mississippi-2025-SB2200-Introduced.html

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MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane

Senate Bill 2200

AN ACT TO AMEND SECTION 41-29-139.1, MISSISSIPPI CODE OF 1972, TO IMPOSE A CRIMINAL FINE UPON A PERSON WHO IS CONVICTED OF THE CRIME OF FENTANYL DELIVERY RESULTING IN DEATH; TO REVISE DEFINITIONS; TO CLARIFY THE INTENT OF THE SECTION; TO DELETE THE REPEALER ON PARKER'S LAW, WHICH CREATES THE CRIME OF FENTANYL DELIVERY RESULTING IN DEATH, PROVIDES THE PENALTY FOR SUCH CRIME, AND PROVIDES AN EXCEPTION FOR THOSE WHO SEEK MEDICAL ATTENTION; TO DELETE THE REQUIREMENT OF AN ANNUAL REPORT OF THE NUMBER OF PERSONS CONVICTED; 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)  A person who 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 in exchange for anything of value to another person, death to a person results from the proximate cause of injection, oral ingestion or inhalation of the fentanyl.

          (b)  Upon conviction for violating the provisions of this section, the person shall be sentenced to imprisonment no less than twenty (20) years to a term of life in the custody of the Mississippi Department of Corrections and shall be fined not less than Ten Thousand Dollars ($10,000.00).

     (2) * * *  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.

     (3)  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 under this section.

     (4)  The * * * legislative intent * * * for this bill of this section is to * * * assist in prosecuting encourage the prosecution of 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 enable the prosecution of 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 injection, oral ingestion or inhalation of the shared fentanyl.

     (5)  The * * * provisions of penalty provided in this section shall * * * not be construed to limit, restrict or otherwise prohibit an indictment or conviction for any other crime that may be related to a violation of this section be in addition to any other criminal penalty provided by law.

 * * * (6)  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.

(7)  This section shall stand repealed from and after July 1, 2025.

     SECTION 2.  This act shall take effect and be in force from and after June 30, 2025.

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