UNOFFICIAL COPY 22 RS HB 215/GA
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HB021510.100 - 278 - XXXX GA
AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218A.1410 is amended to read as follows: 3
(1) A person is guilty of importing heroin, carfentanil, fentanyl, or fentanyl derivatives 4
when he or she knowingly and unlawfully transports any quantity of heroin, 5
carfentanil, fentanyl, or fentanyl derivatives into the Commonwealth by any means 6
with the intent to sell or distribute the heroin, carfentanil, fentanyl, or fentanyl 7
derivatives. 8
(2) The provisions of this section are intended to be a separate offense from others in 9
this chapter, and shall be punished in addition to violations of this chapter occurring 10
during the same course of conduct. 11
(3) (a) Importing heroin[, carfentanil, fentanyl, or fentanyl derivatives] is a Class C 12
felony, and the defendant shall not be released on probation, shock probation, 13
conditional discharge, or parole until he or she has served at least fifty percent 14
(50%) of the sentence imposed. 15
(b) Importing carfentanil, fentanyl, or fentanyl derivatives is a Class C felony, 16
and the defendant: 17
1. Shall not be eligible for pretrial diversion; and 18
2. Shall not be released on probation, shock probation, conditional 19
discharge, or parole until he or she has served at least eighty-five 20
percent (85%) of the sentence imposed. 21
Section 2. KRS 218A.142 is amended to read as follows: 22
(1) A person is guilty of aggravated trafficking in a controlled substance in the first 23
degree when he or she knowingly and unlawfully traffics in: 24
(a) One hundred (100) grams or more of heroin; 25
(b) Twenty-eight (28) grams or more of fentanyl; or 26
(c) Ten (10) grams or more of carfentanil or fentanyl derivatives. 27 UNOFFICIAL COPY 22 RS HB 215/GA
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HB021510.100 - 278 - XXXX GA
(2) Aggravated trafficking in a controlled substance in the first degree is a Class B 1
felony, and: 2
(a) The defendant shall not be released on probation, shock probation, conditional 3
discharge, or parole until he or she has served at least fifty percent (50%) of 4
the sentence imposed where the trafficked substance was heroin; or 5
(b) The defendant shall not be eligible for pretrial diversion, and shall not be 6
released on probation, shock probation, conditional discharge, or parole 7
until he or she has served at least eighty-five percent (85%) of the sentence 8
imposed where the trafficked substance was fentanyl, carfentanil, or 9
fentanyl derivatives. 10
Section 3. This Act shall be known as Dalton's Law. 11