Bill Summaries: H250 DEATH BY DISTRIBUTION/GOOD SAMARITAN/AUTOPSY. (NEW)

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  • Summary date: Mar 21 2023 - View Summary

    House committee substitute to the 1st edition adds the following new content.

    Amends GS 90-96.2, expanding the limited immunity granted under the good Samaritan law for overdose victims and individuals that seek medical assistance for overdose victims, to now grant immunity from prosecution for felony possession of less than one gram of any controlled substance in violation of GS 90-95(a)(3) (current law narrows the scope of immunity to felony possession of less than one gram of cocaine or less than one gram of heroin). Maintains conditions that must be met for limited immunity to apply under subsection (b).

    Amends GS 130A-389 to mandate an autopsy be conducted in any case where the district attorney or the investigating law enforcement agency asserts to the Chief Medical Examiner or the county medical examiner that probable cause exists that a violation of GS 14-18.4, defining the offense of death by distribution, has occurred.

    Makes conforming changes to the act's titles.


  • Summary date: Mar 1 2023 - View Summary

    Enacts new subsection GS 14-18.4(a1) setting forth offense of death by distribution through unlawful delivery of certain controlled substances as Class C felony when (1) the person unlawfully delivers at least one certain controlled substance; (2) the ingestion of the certain controlled substance or substances causes the death of the user; and (3) the unlawful delivery of those controlled substance(s) proximately caused the victim’s death. Sets forth separate offense of death by distribution through unlawful delivery with malice of certain controlled substances as Class B2 felony when person meets the three elements discussed above, but also acts with malice, enacted as GS 14-14.4(a2).

    Amends GS 14-18.4(b) to change name of subsection title to Death by Distribution Through Unlawful Sale of Certain Controlled Substances, and GS 14-18.4(c) to change name of subsection title to Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled Substances. Makes conforming changes throughout to reflect new title changes. (Currently, subsections are entitled Death by Distribution of Certain Controlled Substances, and Aggravated Death by Distribution of Certain Controlled Substances, respectively.) Deletes the requirement that the person did not act with malice as an element of each offense. For Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled Substances and other offenses, increases the lookback time for previous identical or similar convictions from 7 years to 10 years.  Specifies that violation of GS 14-18.4(b) is a Class B2 felony (was, Class C), and violation of GS 14-18.4(c) is a Class B1 felony (was, B2).

    Amends GS 14-17 as follows. Deletes language making it second degree murder and a Class B2 felony if the murder is one that was proximately caused by the unlawful distribution of any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, or opiate, or opioid; cocaine or other substance described as a Schedule II controlled substance in GS 90-90(1)d.; methamphetamine; or a depressant described as a Schedule IV controlled substance in GS 90-92(a)(1), and the ingestion of such substance caused the death of the user. Makes conforming changes to account for deletion.  

    Effective December 1, 2023, and applies to offenses committed on or after that date.