Felony homicide; certain drug offenses, penalties. (HB108)

Introduced By

Del. John McGuire (R-Glen Allen)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Felony homicide; certain drug offenses; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony. Read the Bill »

Status

01/07/2022: Awaiting a Vote in the Courts of Justice Committee

History

DateAction
01/07/2022Prefiled and ordered printed; offered 01/12/22 22101771D
01/07/2022Committee
01/07/2022Referred to Committee for Courts of Justice
01/11/2022Impact statement from VCSC (HB108)

Comments

ChangeServant, tracking this bill in Photosynthesis, notes:

OPPOSE this bill that would make a sibling or friend who shares a drug with another addict a murderer. This legislation has been defeated before in part because it will discourage people from seeking help for someone who has overdosed and is dying in their presence.

Robert Legge writes:

This is a death by distribution bill. People are already being charged with murder in VA, for sharing a substance with someone who died from that substance. Fauquier Co. What if the provider says "go slow" and the victim doesn't take that advice? Should the same apply to the ABC store employee that sells someone a 5th of Everclear who downs it all in one sitting and death of acute alcohol poisoning? This is a terrible idea that is only going to result in more people not calling 9-11, for fear of a murder charge. They will just leave the scene and the victim will have far less chance for survival.

Robert D Legge writes:

So does this law apply to the ABC store salesperson who sells a bottle of Everclear to someone who drinks it too fast and dies of acute alcohol intoxication?

Fred Woehrle writes:

It seems like this bill could backfire and increase mortality. In some cases, it could discourage people from seeking help for someone who has overdosed and is dying in their presence.

Robert Legge writes:

And there's what if they gave them notice to "go easy" and the person disregarded that warning and did the whole bag.

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