HLS 22RS-829 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 626
BY REPRESENTATIVE ADAMS
CONTROLLED SUBSTANCES: Creates the crime of aggravated distribution of a
controlled dangerous substance
1 AN ACT
2To enact R.S. 40:981.4 and Code of Criminal Procedure Article 814(A)(69), relative to
3 controlled dangerous substances; to create the crime of aggravated distribution of a
4 controlled dangerous substance; to provide for penalties for the crime; to provide
5 relative to responsive verdicts; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:981.4 is hereby enacted to read as follows:
8 ยง981.4. Aggravated distribution of a controlled dangerous substance
9 A. Aggravated distribution of a controlled dangerous substance is the
10 distribution or dispensing of a controlled dangerous substance, or any combination
11 thereof, as provided in this Part, under any of the following circumstances:
12 (1) The offender unlawfully distributes or dispenses a controlled dangerous
13 substance, as defined in Subsection C of this Section, that is the direct cause of
14 serious bodily injury to the recipient who ingested or consumed the controlled
15 dangerous substance.
16 (2) The offender unlawfully distributes or dispenses a controlled dangerous
17 substance, as defined in Subsection C of this Section, to another who subsequently
18 distributes or dispenses such controlled dangerous substance that is the direct cause
19 of serious bodily injury to the recipient who ingested or consumed the controlled
20 dangerous substance.
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1 (3) The offender unlawfully distributes or dispenses a controlled dangerous
2 substance that the offender knows or should have known has been laced with
3 fentanyl, carfentanil, or any other foreign substance that substantially increases the
4 likelihood of death or serious bodily injury from use.
5 B.(1) Whoever commits the crime of aggravated distribution of a controlled
6 dangerous substance as provided in Subsection A(1) or (2) of this Section shall be
7 imprisoned at hard labor for not more than twenty years and in addition may be fined
8 not more than fifty thousand dollars.
9 (2) Whoever commits the crime of aggravated distribution of a controlled
10 dangerous substance as provided in Subsection A(3) of this Section shall be
11 imprisoned at hard labor for not less than five years nor more than forty years and
12 may be fined not more than fifty thousand dollars.
13 C. For purposes of Paragraphs (A)(1) and (A)(2) of this Section, the
14 controlled dangerous substances are:
15 (1) Heroin or a mixture or substance containing a detectable amount of
16 heroin or its analogues.
17 (2) Fentanyl or a mixture or substance containing a detectable amount of
18 fentanyl or its analogues.
19 (3) Carfentanil or a mixture or substance containing a detectable amount of
20 carfentanil or its analogues.
21 D. Notwithstanding any other provision of law to the contrary, a person
22 acting in good faith who seeks medical assistance for an individual experiencing a
23 drug-related overdose may not be charged, prosecuted, or penalized for aggravated
24 distribution of a controlled dangerous substance if the evidence for aggravated
25 distribution of a controlled dangerous substance was obtained as a result of the
26 person seeking medical assistance. Protection established in this Subsection from
27 prosecution for aggravated distribution of a controlled dangerous substance may not
28 be grounds for suppression of evidence in other criminal prosecutions.
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HB NO. 626
1 Section 2. Code of Criminal Procedure Article 814(A)(69) is hereby enacted to read
2as follows:
3 Art. 814. Responsive verdicts; in particular
4 A. The only responsive verdicts which may be rendered when the indictment
5 charges the following offenses are:
6 * * *
7 69. Aggravated Distribution of a Controlled Dangerous Substance:
8 Guilty.
9 Guilty of attempted aggravated distribution of a controlled dangerous
10 substance.
11 Guilty of distribution of a controlled dangerous substance.
12 Guilty of attempted distribution of a controlled dangerous substance.
13 Guilty of possession of a controlled dangerous substance.
14 Guilty of attempted possession of a controlled dangerous substance.
15 Not guilty.
16 * * *
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.
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HB NO. 626
(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))
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