Bill Summary for S 189 (2023-2024)
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS; AND TO MAKE CERTAIN AUTOPSY LAW CHANGES.Intro. by McInnis, Britt, Lazzara.
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Bill summary
Senate committee substitute to the 1st edition makes the following changes. Changes the act’s long title and makes conforming changes to the act’s short title.
Amends GS 90-96.2, the Good Samaritan law’s grant of limited immunity by granting limited immunity from prosecution under GS 90-95 to any person who has possession of less than one gram of any controlled substance. (Was, only less than one gram of cocaine, heroin, or fentanyl.)
Amends GS 130A-389 (pertaining to autopsies) by requiring an autopsy to occur when county district attorney or investigating law enforcement agency asserts to the Chief Medical Examiner or the medical examiner in the county where the body is located that probable cause exists that a violation of death by distribution of the controlled substances listed in GS 14-18.4 has occurred. Effective December 1, 2023.