DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 626 Original 2022 Regular Session Adams
Abstract: Creates the crime of aggravated distribution of a controlled dangerous substance and
provides for penalties.
Proposed law creates the crime of aggravated distribution of a controlled dangerous substance and
defines the crime as the distribution or dispensing of a controlled dangerous substance, or any
combination thereof, under any of the following circumstances:
(1)The offender unlawfully distributes or dispenses a controlled dangerous substance, as defined
in proposed law, 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, as defined
in proposed law, 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 proposed law crime as provided in (1) and (2)
above shall be imprisoned at hard labor for not more than 20 years and in addition may be fined not
more than $50,000.
Proposed law provides that whoever commits the proposed law crime as provided in (3) above shall
be imprisoned at hard labor for not less than five years nor more than 40 years and may be fined not
more than $50,000.
Proposed law applies to the following controlled dangerous substances:
(1)Heroin or a mixture or substance containing a detectable amount of heroin or its analogues.
(2)Fentanyl or a mixture or substance containing a detectable amount of fentanyl or its
analogues. (3)Carfentanil or a mixture or substance containing a detectable amount of carfentanil or its
analogues.
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.
(Adds R.S. 40:981.4 and C.Cr.P. Art. 814(A)(69))