SB 189 — Fentanyl Drug Offenses and Related Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 21 SENATE BILL 189 Judiciary Committee Substitute Adopted 3/7/23 Short Title:

Fentanyl Drug OffensesOffenses/Increase andPunishment. Related Changes.

Senators McInnis, Britt, and Lazzara (Primary Sponsors).

Rules and Operations of the Senate March 2, 2023 A BILL TO BE ENTITLED AN ACT TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL;

TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANYFENTANYL CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE;

AND TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS;VIOLATIONS.

AND TO MAKE CERTAIN AUTOPSY LAW CHANGES.

A fine of not less than fifty thousand dollars ($50,000) for any controlled substance described in this subdivision and not *S189-v-2**S189-v-1* General Assembly Of North Carolina Session 2023 otherwise subject to sub-sub-subdivision 1.

Any person who commits second degree Page 2 Senate Bill 189-Second189-First Edition General Assembly Of North Carolina Session 2023 murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:

Senate Bill 189-Second189-First Edition Page 3 General Assembly Of North Carolina Session 2023 (4) The person did not act with malice.

REVISEGOODSAMARITANIMMUNITY GOODLAW/ADD SAMARITANPOSSESSION IMMUNITYOFLESS LAWTHAN FORONE POSSESSIONGRAM OF ANYFENTANYL CONTROLLED SUBSTANCE SECTION 3.

90-95(a)(3) for possession of less than one gram of cocaine.anycocaine. controlled substance.

(3a) A felony violation of G.S.

90-95(a)(3) for possession of less than one gram of fentanyl.

Page 4 Senate Bill 189-First Edition General Assembly Of North Carolina Session 2023 SECTION4.(d) PerDiem, Travel, andExpenses.

Page 4 Senate Bill 189-Second Edition General Assembly Of North Carolina Session 2023 SECTION 4.(e) Meeting Space;

AUTOPSYEFFECTIVE LAWDATE CHANGES SECTION 5.(a)5. G.S.

130A-389(a) reads as rewritten:

"(a) If, in the opinion of the medical examiner investigating the case or of the Chief Medical Examiner, it is advisable and in the public interest that an autopsy or other study be made;

or, if an autopsy or other study is requested by the district attorney of the county or by any superior court judge, an autopsy or other study shall be made by the Chief Medical Examiner or by a competent pathologist designated by the Chief Medical Examiner.

In any case where the district attorney of the county or the investigating law enforcement agency asserts to the Chief Medical Examiner or the medical examiner of the county in which the body was located that probable cause exists that a violation of G.S.

14-18.4 has occurred, a complete autopsy shall be conducted.

A complete autopsy report of findings and interpretations, prepared on forms designated for the purpose, shall be submitted promptly to the Chief Medical Examiner.

Subject to the limitations of G.S.

130A-389.1 relating to photographs and video or audio recordings of an autopsy, a copy of the report shall be furnished to any person upon request.

The fee for the autopsyor other studyshall be two thousand eight hundred dollars ($2,800) to be paid as follows:

…." SECTION 5.(b) This section becomes effective December 1, 2023, and applies to autopsies conducted on or after that date.

PART VI.

EFFECTIVE DATE SECTION 6.

Senate Bill 189-Second189-First Edition Page 5