The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 69 Engrossed 2021 Regular Session Mizell
Present law creates the crime of aggravated distribution of a controlled dangerous substance, defined
as the distribution or dispensing of a controlled dangerous substance, or any combination thereof,
as provided for 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 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 the crime of aggravated distribution of a controlled dangerous substance
is punishable by imprisonment 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 defines the term "serious bodily injury", by reference to present law relative to crimes
of violence, as 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.
(7)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)