HLS 23RS-622 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 586
BY REPRESENTATIVES STEFANSKI, ADAMS, AMEDEE, BAGLEY, BUTLER,
WILFORD CARTER, CORMIER, DAVIS, EDMONDS, FIRMENT, GAROFALO,
GOUDEAU, HORTON, MIKE JOHNSON, MOORE, ROBERT OWEN, PIERRE,
SCHEXNAYDER, STAGNI , THOMPSON, AND WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/CLAIMS: Provides for civil liability for actions related to fentanyl
1 AN ACT
2To enact R.S. 9:2800.77, relative to civil actions; to provide relative to civil liability for
3 actions related to fentanyl ingestion; to provide relative to fentanyl trafficking or
4 related commercial activity; to provide for attorney fees, expert witness fees and
5 expenses, court costs, and exemplary damages; to provide for burden of proof; to
6 provide for exceptions; to provide relative to comparative fault; to provide relative
7 to prescription; to provide for definitions; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 9:2800.77 is hereby enacted to read as follows:
10 ยง2800.77. Liability for fentanyl ingestion
11 A. Any entity or foreign state engaging in or facilitating illicit fentanyl
12 trafficking or its related commercial activity shall be liable for damages for serious
13 bodily injury or death to all persons beginning January 1, 2015, resulting from the
14 unintended ingestion of illicit fentanyl in this state if the entity or foreign state was
15 engaging in or facilitating illicit fentanyl trafficking or its related commercial
16 activity, having a substantial contact with the United States and with the state at the
17 time of the ingestion resulting in the injury or death or at a time bearing a rational
18 nexus to ingestion.
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1 B. A plaintiff in an action brought pursuant to this Section shall be entitled
2 to damages, including exemplary damages, expert witness fees and expenses, court
3 costs, and reasonable attorney fees.
4 C.(1) The defendant in an action for damages arising from illicit fentanyl
5 trafficking or its related commercial activity shall have the burden of proving that the
6 defendant did not engage in or facilitate the illicit fentanyl trafficking or its related
7 commercial activity, directly or through an agent, at any time within six months of
8 the unintended ingestion of illicit fentanyl that produced damages under this Section.
9 (2) This Subsection shall not apply to any manufacturer of fentanyl that is
10 registered with the United States Attorney General pursuant to 21 U.S.C. 822.
11 (3) Credible information or statistical data from sources whose accuracy
12 cannot reasonably be questioned including publications of information or statistical
13 data provided by the United States government, its agencies, courts, or congress, or
14 publications of information by this state, its agencies, courts, or legislature, of illicit
15 fentanyl trafficking or its related commercial activity by an entity or foreign state,
16 or of the nexus of that trafficking or related commercial activity to the United States
17 or this state shall be sufficient evidence in order for the plaintiff to establish such
18 commercial activity or nexus to meet the burden of proof in relation thereto for the
19 establishment of an action brought pursuant to this Section.
20 D. The actions of a person ingesting illicit fentanyl under circumstances
21 whereby it is unlikely that the person had knowledge or awareness of the presence
22 of illicit fentanyl being ingested shall not be attributable as comparative fault as
23 provided by Civil Code Article 2323.
24 E. An action against an entity or foreign state for damages resulting from the
25 illicit trafficking of fentanyl or its related commercial activity shall be subject to a
26 liberative prescription of thirty years. This prescription commences to run from the
27 day of the injury.
28 F. For the purposes of this Section:
29 (1) "Commercial activity" means any of the following:
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1 (a) Any activity pertaining to commerce relating to illicit fentanyl
2 trafficking.
3 (b) "Commercial activity" means the same as provided by 28 U.S.C. 1603.
4 (2) "Entity" means a natural or juridical person and includes any association
5 or entity, including any drug cartel or transnational criminal organization.
6 (3) "Foreign state" means the same as provided in 28 U.S.C. 1603.
7 (4) "Illicit fentanyl" means any of the following:
8 (a) A mixture or substance containing a detectable amount of fentanyl or its
9 analogues, or carfentanil, or a mixture or substance containing a detectable amount
10 of carfentanil, or a mixture or substance containing a detectable amount of
11 carfentanil or its analogues, as provided by R.S. 40:967. It shall not include any
12 substance obtained directly or pursuant to a valid prescription or order from a
13 practitioner, as provided in R.S. 40:978, while acting in the course of the
14 practitioner's professional practice.
15 (b) A mixture or substance containing a detectable amount of fentanyl
16 precursor agents, licit or illicit, that can be used in the production of fentanyl.
17 (5) "Ingestion" means the taking, absorption, consumption, or exposure to
18 illicit fentanyl.
19 (6) "Serious bodily injury" means a bodily injury which involves
20 unconsciousness, extreme physical pain, protracted and obvious disfigurement,
21 protracted loss, or impairment of a bodily member, organ, or mental faculty, or a
22 substantial risk of death.
23 (7) "Trafficking" means any of the following:
24 (a) Any activity, directly or through an agent, to produce, manufacture,
25 distribute, sell, knowingly finance, or transport illicit fentanyl or to cause or facilitate
26 illicit fentanyl to be placed into the stream of commerce.
27 (b) Any activity, directly or through an agent to assist, conspire, or collude
28 with any other entity or foreign state to carry out activity described in Subparagraph
29 (a) of this Paragraph.
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1 (c) Any activity by a foreign state, directly or through an agent, to facilitate
2 or allow by silent acquiescence or otherwise the placement of licit or illicit fentanyl
3 precursor agents into the stream of commerce under circumstances whereby the
4 fentanyl precursor agents are likely to be manufactured into illicit fentanyl and
5 transported into the United States or this state.
6 Section 2. The purpose of this Act is to provide a civil remedy for damages with the
7broadest possible basis consistent with the Constitution of the United States to persons
8suffering serious bodily injury or death through the unintended ingestion of illicit fentanyl,
9and this Act is specifically intended to hold accountable any entity or foreign state engaging
10in or facilitating illicit fentanyl trafficking or its related commercial activity by creating a
11presumption of fault of such entity or foreign state if engaging in or facilitating illicit
12fentanyl trafficking or its related commercial activity having a substantial contact with this
13state at the time of the ingestion resulting in the injury or death or at a time bearing a rational
14nexus to the ingestion, if supported by credible information or statistical data pertaining
15thereto, in accordance with this Act, or other evidence satisfactory to the court in an action
16brought pursuant to this Act.
17 Section 3. This Act shall be known and may be cited as "JaJa's Law".
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 586 Reengrossed 2023 Regular Session Stefanski
Abstract: Provides for civil liability of entities and foreign states engaging in or facilitating
illicit fentanyl trafficking or commercial activity.
Proposed law provides that any entity or foreign state engaging in or facilitating illicit
fentanyl trafficking or its commercial activity shall be liable for damages for serious bodily
injury or death of persons beginning Jan. 1, 2015.
Proposed law provides that the entity or foreign state must be engaging in or facilitating
illicit fentanyl trafficking or its related commercial activity, and the entity or foreign state
had a substantial contact with the United States and the state at the time of the ingestion or
at a time bearing a rational nexus to ingestion.
Proposed law provides that available damages include punitive damages, expert witness fees
and expenses, court costs, and reasonable attorney fees.
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Proposed law provides that the defendant in an action brought pursuant to proposed law shall
have the burden of proving that it did not engage in or facilitate the illicit trafficking or
related commercial activity of the unintended ingestion of illicit fentanyl that produced
damages.
Proposed law exempts manufacturers of fentanyl that are registered with the U.S. attorney
general pursuant to 21 U.S.C. 822.
Present law (21 U.S.C. 822) provides that every person who manufacturers or distributes any
controlled substance shall obtain an annual registration issued by the U.S. attorney general.
Proposed law provides that the actions of a person ingesting fentanyl shall not be attributable
as comparative fault.
Present law (C.C. Art. 2323) provides that in an action where a person suffers injury, death,
or loss, the degree or percentage of fault of all persons causing or contributing to the injury
shall be determined.
Proposed law provides that an action brought pursuant to proposed law shall be subject to
a liberative prescription of 30 years commencing to run from the day of injury.
Proposed law defines "commercial activity", "entity", "foreign state", "illicit fentanyl",
"ingestion", "serious bodily injury", and "trafficking".
Present law (28 U.S.C. 1603) provides for immunities and liabilities of foreign states.
Proposed law provides for legislative intent.
Proposed law provides that proposed law shall be known and cited as "JaJa's Law".
(Adds R.S. 9:2800.77)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change references to fentanyl from "illegal" to "illicit".
2. Provide for a defendant's liability for damages for ingestion if the defendant was
engaging in or facilitating illicit fentanyl trafficking or its related commercial
activity within six months of the ingestion.
3. Provide that credible information or statistical data shall be sufficient for the
plaintiff to meet the plaintiff's burden of proof in establishing the action.
4. Amend definitions of "commercial activity" and "person".
5. Remove definition of "fentanyl".
6. Add definitions of "illicit fentanyl" and "trafficking".
7 Add a statute title.
8. Make technical changes.
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The House Floor Amendments to the engrossed bill:
1. Change reference of "person or foreign state" to "entity or foreign state".
2. Limit action to serious bodily injuries or death of persons beginning Jan. 1, 2015.
3. Change the requirement that the entity or foreign state was engaging in or
facilitating illicit fentanyl trafficking or related commercial activity from within
six months of the ingestion to having substantial contact with the U.S. or this
state at the time of ingestion or at a time bearing a rational nexus to ingestion.
4. Add expert witness fees and expenses to the plaintiff's recovery.
5. Add a definition for "entity" and remove the definition of "person".
6. Add to the legislative intent.
7. Make technical changes.
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