HASBSB315 WATSOND 4537
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 315 2022 Regular Session Womack
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
CONTROL DANGER SUBSTANCE. Provides relative to penalties for the
distribution of heroin and fentanyl or carfentanil.
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Remove proposed law relative to penalties for an individual who knowingly
misrepresented or knowingly marketed a mixture or substance containing
fentanyl or fentanyl analogue as another substance.
2. Remove proposed law relative to enhanced penalties for the unlawful
distribution or dispensing of fentanyl or carfentanil.
3. Add proposed law relative to the unlawful distribution or dispensing of
heroin and fentanyl or carfentanil which is the direct cause of serious bodily
injury to the person who ingested or consumed the substance and provides
for the following penalties:
(a)Imprisonment at hard labor for not less than 5 years nor more than 40
years.
(b) At least five years of the imposed sentence shall be served without
benefit of probation, parole, or suspension of sentence.
(c)Offender may be required to pay a fine of not more than $50,000.
4. Remove proposed law relative to fentanyl testing equipment.
5. Provide that the distribution of fentanyl or carfentanil which is the direct
cause of serious bodily injury may be cited and referred to as "Millie's Law".
6. Add the distribution of heroin which causes serious bodily injury to the
present law list of crimes of violence.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 315 Reengrossed 2022 Regular Session Womack
Present law (R.S. 40:966(B)(3)) provides that any person who produces, manufactures,
distributes, or dispenses or possesses with the intent to produce, manufacture, distribute, or
dispense heroin, upon conviction for any amount, shall be imprisoned at hard labor for not
less than five years nor more than 40 years and may, in addition, be required to pay a fine
of not more than $50,000.
Proposed law provides that if the offender unlawfully distributes or dispenses heroin which
is the direct cause of serious bodily injury to the person who ingested or consumed the
substance, the offense shall be classified as a crime of violence, and the offender shall be
imprisoned at hard labor for not less than five years nor more than 40 years. At least five
years of the sentence of imprisonment shall be imposed without benefit of probation, parole,
or suspension of sentence. In addition, the offender may be required to pay a fine of not
more than $50,000.
Present law (R.S. 40:967(B)(4)) provides that any person who produces, manufactures,
distributes, or dispenses or possesses with the intent to produce, manufacture, distribute, or
dispense fentanyl or carfentanil, upon conviction for any amount, shall be imprisoned at hard
labor for not less than five years nor more than 40 years and may, in addition, be required
to pay a fine of not more than $50,000. HASBSB315 WATSOND 4537
Proposed law provides that if the offender unlawfully distributes or dispenses fentanyl or
carfentanil which is the direct cause of serious bodily injury to the person who ingested or
consumed the substance, the offense shall be classified as a crime of violence, and the
offender shall be imprisoned at hard labor for not less than five years nor more than 40 years.
At least five years of the sentence of imprisonment shall be imposed without benefit of
probation, parole, or suspension of sentence. In addition, the offender may be required to
pay a fine of not more than $50,000.
Proposed law shall be cited and referred to as "Millie's Law".
Present law provides for a list of certain enumerated present law offenses that are included
as crimes of violence.
Proposed law retains present law and adds the distribution of fentanyl or carfentanil which
cause serious bodily injury and the distribution of heroin which cause serious bodily injury
to the offenses included as a crime of violence.
Effective August 1, 2022.
(Amends R.S. 40:966(B)(3) and 967(B)(4); Adds R.S. 14:2(B)(8) and (29))
______________________
Dawn Romero Watson
Executive Director