HB 1455 — Fentanyl; selling, giving, or distributing a substance that contains 2 mgms. or more, penalties.

SESSION INTRODUCEDHOUSE 23103550DSUBSTITUTE I23106356D OfferedHOUSE January 11, 2023 N Prefiled December 21, 2022 A BILL toNO. amend the Code of Virginia by adding a section numbered 18.2-248.05, relating to selling, giving, or distributing a substance containing fentanyl;

1455 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by thon February 3, 2023)r Courts of Justice (Patron Prior to Substitute––Delegate Anderson) A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.05, relating to selling, giving, or distributing a substance containing fentanyl;

RBe ––––––––––it Oenacted Patrons––Anderson,by LaRock,the Cherry,General Clark,Assembly Cordoza,of March,Virginia: Tata, Walker, Wiley and Williams;

Senator:1.

Ruff§ D18.2-248.05. Referred to Committee for Courts of Justice U –––––––––– Be it enacted by the General Assembly of Virginia:

C 1.

That the Code of Virginia is amended by adding a section numbered 18.2-248.05 as follows:

E § 18.2-248.05.

DA. or distributes a substance he knows or should know contains two milligrams or more of any mixture ors, substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, to another person without such person's knowledge that the substance sold, given, or distributed contains any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, is guilty of attempted murder of the first degree by poison pursuant to §§ 18.2-26 and 18.2-32.

IfExcept suchas sale,authorized gift,in orthe distributionDrug ofControl twoAct milligrams(§ or54.1-3400 moreet ethers,seq.), salts,any andperson saltswho ofsells, isomers,gives, toor anotherdistributes persona withoutsubstance suchhe person'sknows knowledgecontains thattwo themilligrams substance sold, given, or distributedmore containsof any mixture or substancesubstanceH containing a detectable amount of4fentanyl, including its isomers, esters,to ethers,another salts,person andwithout salts of isomers, results in the death of such otherperson's personknowledge fromthat his use of such substance, the personsubstance who sold, gave,given, or salts of distributed thecontains any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, to such person is guilty of attempted murder of the first degree by poison pursuant to §§§ 18.2-26 and 18.2-32.

sectionIf shallsuch notsale, precludegift, prosecutionor underdistribution of two milligrams or more ethers, salts, and salts of isomers, to another person without such person's knowledge that theSsubstance sold, given, or distributed contains any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, results in the death of sucE other statute.ndperson distinctfrom offense.his use of such substance, the person who sold, gave, or distributed the mixture or substance isomers, to such person is guilty of murder of the first degree by poison pursuant to § 18.2-32.lts of B.

TheA provisionsviolation of this 2.section shall constitute a separate and distinct offense.

ThatThe theprovisiSns provisions of this actsection mayshall resultnot inpreclude aprosecution netunder increaseany inother periodsstatute. of imprisonment or commitment.

Pursuant2. to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;

therefore,That Chapter 2 of the Actsprovisions of Assemblythis ofact 2022,may Specialresult Sessionin I,a 34net requiresincrease thein Virginiaperiods Criminalof Sentencingimprisonment Commissionor toU assignnecessary a minimum fiscal impact of 36 appropriation cannot be determined for periods of commitmentimprisonment toin thestate custodyadulte ofB thecorrectional Departmentryfacilities; 37 of Juvenile Justice.

therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session S, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.

Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessaryT of Juvenile Justice.

be determined for periods of commitment to the custody of the Department I T U T E H 5 H 1