SB 44 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION.

Sturgeon DELAWARE& STATESen. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Hansen TO& SENATESen. BILL NO.

44Townsend AMEND& SenateRep. Bill No.

44Lambert on& lineRep. 25 by deleting “all” between “of” and “overdose” and replacing in lieu thereof “all”.

SYNOPSISBentz ThisSens. Amendment removes the word "all" from the current law.

Currently,Mantzavinos, theParadee, DrugPinkney, OverdoseSokola, FatalityWalsh; Review Commission ("Commission") uses a sampling method since there are so many overdose deaths to review each year.

TheReps. removal of "all" allows the Commission to review every death if resources allow, but also reflects the current process that reviews a sample of the deaths.

Baumbach, Briggs King, Griffith, Kowalko, Lynn, Morrison, Osienski DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.

44 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 4799A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4799A.

Definitions.

For purposes of this subchapter, the following definitions shall apply:

subchapter:

(1) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter Subchapter II of this chapter.

(2) “Fentanyl” shall have the meaning ascribed to it by means as defined in § 4716(c)(6) of this title or its successor provision.

title.

(3) “Opiate” means any controlled substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability and is a prescription drug.

(4) “Overdose death” means a death caused, in whole or in part, by the consumption or use of heroin or the consumption or use of a opiate, or the consumption or use of fentanyl.

a controlled substance.

(5) “Prescription drug” shall have the meaning ascribed to it by means as defined in § 4701 of this title or its successor provision.

title.

Section 2.

Amend § 4799B, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4799B.

Organization and composition.

(g) The Commission shall by resolution passed by a majority of its members establish 3 regional review teams authorized to review overdose deaths involving opiates, fentanyl and/or heroin.

deaths.

Members of the Commission shall appoint representatives to each review team such that the review team reflects the disciplines of the Commission.

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01/21/2021 03:43 PM Section 3.

Amend § 4799C, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4799C.

Powers and duties.

(a) The Commission shall investigate and review the facts and circumstances of all overdose deaths involving opiates, fentanyl or heroin which that occur in Delaware.

The review of deaths involving criminal investigations will be delayed until the later of the conclusion of such investigation, or the adjudication of related criminal charges, if any.