Senate amendment #1 makes the following changes.
Modifies proposed GS 14-18.4 to change the elements established for the offenses of death by distribution of certain controlled substances and aggravated death by distribution of certain controlled substances to require that the person's unlawful sale or delivery of the certain controlled substance(s) was the proximate cause of the victim's death (rather than a proximate cause). Additionally, provides that a person cannot be prosecuted under the statute if the person would qualify for limited immunity under state law concerning drug-related overdose treatment, GS 90-96.2 (previously, specified that the statute does not restrict or interfere with the rights and immunities provided under GS 90-96.2).
Summary date: May 2 2019 - More information
Summary date: Apr 11 2019 - More information
Senate committee substitute to the 1st edition makes the following changes.
Modifies and adds to proposed GS 14-18.4. Modifies the elements of the crime created for death by distribution of certain controlled substances to require that the person unlawfully sells and delivers, rather than distributes, at least one certain controlled substance to the victim which was a proximate cause of the victim's death. Makes identical changes to the elements of the crime created for aggravated death by distribution of certain controlled substances. Makes further technical changes. Adds that the statute does not restrict or interfere with the rights and immunities provided under GS 90-96.2 (concerning drug-overdose victims and samaritans). Also now specifies that issuing a valid prescription for a controlled substance for a legitimate medical purpose by an individual practitioner acting in the usual course of professional practice is not unlawful distribution.
Summary date: Mar 27 2019 - More information
Identical to H 474, filed 3/26/19.
Includes whereas clauses.
Enacts new GS 14-18.4 creating the crime of death by distribution of certain controlled substances applicable in instances when (1) the person unlawfully distributed at least one certain controlled substance to the victim; (2) the ingestion of the certain controlled substance or substances caused the user's death; (3) the person's unlawful distribution of the certain controlled substance or substances was a proximate cause of the victim's death; and (4) the person did not act with malice. Punishable as a Class C felony.
A person is guilty of aggravated death by distribution of certain controlled substances if the person meets the elements distribution of certain controlled substances described above and also has a previous conviction under this statute, GS 90-95(a)(1) (manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance), GS 90-95(e)(5) (any person 18 years of age or over who violates GS 90-95(a)(1) by selling or delivering a controlled substance to a youth in the identified age ranges or to a pregnant woman), GS 90-95.1 (engaging in a continuing criminal enterprise), GS 90-95.4 (employing or intentionally using a minor to commit a drug law violation), GS 90-95.6 (promoting drug sales by a minor), or trafficking in violation of GS 90-95, or a prior conviction in any federal or state court is substantially similar to an offense listed, within seven years of the date of the offense. Punishable as a Class B2 felony.
Defines certain controlled substances as any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or any other substance described in GS 90-90(1)(d); methamphetamine; a depressant described in GS 90-92(a)(1); or a mixture of one or more of these substances.
Provides that death by distribution of certain controlled substances constitutes a lesser included offense of aggravated death by distribution of certain controlled substances in violation of this statute and of murder.
Includes the General Assembly's intent.
Applies to offenses committed on or after December 1, 2019.
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