SLS 20RS-202 ORIGINAL
2020 Regular Session
SENATE BILL NO. 73
BY SENATOR MIZELL
CONTROL DANGER SUBSTANCE. Creates the crime of aggravated distribution of a
controlled dangerous substance. (gov sig)
1 AN ACT
2 To enact Code of Criminal Procedure Article 814(A)(69), R.S. 14:2(B)(56), and R.S.
3 40:981.4, relative to controlled dangerous substances; to create the crime of
4 aggravated distribution of a controlled dangerous substance; to designate aggravated
5 distribution of a controlled dangerous substance a crime of violence; to provide
6 relative to responsive verdicts; to provide relative to definitions; to provide penalties;
7 and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Article 814(A)(69) is hereby enacted to read
10 as follows:
11 Art. 814. Responsive verdicts; in particular
12 A. The only responsive verdicts which may be rendered when the indictment
13 charges the following offenses are:
14 * * *
15 69. Aggravated Distribution of a Controlled Dangerous Substance:
16 Guilty.
17 Guilty of attempted aggravated distribution of a controlled dangerous
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1 substance.
2 Guilty of distribution of a controlled dangerous substance.
3 Guilty of attempted distribution of a controlled dangerous substance.
4 Guilty of possession of a controlled dangerous substance.
5 Guilty of attempted possession of a controlled dangerous substance.
6 Not guilty.
7 * * *
8 Section 2. R.S. 14:2(B)(56) is hereby enacted to read as follows:
9 §2. Definitions
10 * * *
11 B. In this Code, "crime of violence" means an offense that has, as an element,
12 the use, attempted use, or threatened use of physical force against the person or
13 property of another, and that, by its very nature, involves a substantial risk that
14 physical force against the person or property of another may be used in the course
15 of committing the offense or an offense that involves the possession or use of a
16 dangerous weapon. The following enumerated offenses and attempts to commit any
17 of them are included as "crimes of violence":
18 * * *
19 (56) Aggravated distribution of a controlled dangerous substance.
20 * * *
21 Section 3. R.S. 40:981.4 is hereby enacted to read as follows:
22 §981.4. Aggravated distribution of a controlled dangerous substance
23 A. Aggravated distribution of a controlled dangerous substance is the
24 distribution or dispensing of a controlled dangerous substance, or any
25 combination thereof, as provided in R.S. 40:966 et seq., the Uniform Controlled
26 Dangerous Substances Law, under any of the following circumstances:
27 (1) The offender unlawfully distributes or dispenses a controlled
28 dangerous substance that is the direct cause of serious bodily injury to the
29 recipient who ingested or consumed the controlled dangerous substance.
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1 (2) The offender unlawfully distributes or dispenses a controlled
2 dangerous substance to another who subsequently distributes or dispenses such
3 controlled dangerous substance that is the direct cause of serious bodily injury
4 to the recipient who ingested or consumed the controlled dangerous substance.
5 (3) The offender unlawfully distributes or dispenses a controlled
6 dangerous substance that the offender knows or should have known has been
7 laced with fentanyl, carfentanil, or any other foreign substance that
8 substantially increases the likelihood of death or serious bodily injury from use.
9 B. Whoever commits the crime of aggravated distribution of a controlled
10 dangerous substance shall be imprisoned at hard labor for not less than five
11 years nor more than forty years, at least two years of which shall be imposed
12 without benefit of probation, parole, or suspension of sentence, and in addition
13 may be fined not more than fifty thousand dollars.
14 C. For purposes of this Section, "serious bodily injury" shall have the
15 same definition as provided in R.S. 14:2(C), and additionally shall include any
16 injury that requires the administration of naloxone or other opioid antagonist,
17 or requires emergency medical services.
18 Section 4. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 73 Original 2020 Regular Session Mizell
Present law creates the crime of aggravated distribution of a controlled dangerous substance,
which is the distribution or dispensing of a controlled dangerous substance, or any
combination thereof, as provided in present law (Uniform Controlled Dangerous Substances
Law) under any of the following circumstances:
(1) The offender unlawfully distributes or dispenses a controlled dangerous substance
that is the direct cause of serious bodily injury to the recipient who ingested or
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consumed the controlled dangerous substance.
(2)The offender unlawfully distributes or dispenses a controlled dangerous substance
to another who subsequently distributes or dispenses such controlled dangerous
substance that is the direct cause of serious bodily injury to the recipient who
ingested or consumed the controlled dangerous substance.
(3)The offender unlawfully distributes or dispenses a controlled dangerous substance
that the offender knows or should have known has been laced with fentanyl,
carfentanil, or any other foreign substance that substantially increases the likelihood
of death or serious bodily injury from use.
Proposed law provides that whoever commits the crime of aggravated distribution of a
controlled dangerous substance is to be imprisoned at hard labor for between five and 40
years, at least two years of which must be imposed without benefit of probation, parole, or
suspension of sentence. Proposed law further provides that in addition to imprisonment, the
offender may be fined up to $50,000.
Proposed law provides that for purposes of the crime of aggravated distribution of a
controlled dangerous substance, the term "serious bodily injury" means bodily injury that
involves unconsciousness, extreme physical pain, protracted and obvious disfigurement,
protracted loss or impairment of the function of a bodily member, organ, or mental faculty,
or a substantial risk of death. Proposed law further provides that "serious bodily injury"
includes any injury that requires the administration of naloxone or other opioid antagonist,
or requires emergency medical services.
Present law defines a "crime of violence" for purposes of present law.
Proposed law retains present law and adds that the crime of aggravated distribution of a
controlled dangerous substance is a crime of violence.
Present law provides relative to responsive verdicts in criminal trials.
Proposed law retains present law and adds that the only responsive verdicts that may be
rendered when the indictment charges aggravated distribution of a controlled dangerous
substance are:
(1)Guilty of attempted aggravated distribution of a controlled dangerous substance.
(2)Guilty of distribution of a controlled dangerous substance.
(3)Guilty of attempted distribution of a controlled dangerous substance.
(4)Guilty of possession of a controlled dangerous substance.
(5)Guilty of attempted possession of a controlled dangerous substance.
(6)Not guilty.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.Cr.P. Art. 814(A)(69), R.S. 14:2(B)(56), and R.S. 40:981.4)
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words in boldface type and underscored are additions.