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 Original 2023 Regular Session Stefanski
Abstract: Provides for civil liability of persons engaging or facilitating illegal fentanyl trafficking
or commercial activity.
Proposed law provides that any person or foreign state that engages in or facilitates any illegal
fentanyl trafficking or related commercial activity, directly or through an agent, shall be liable for
damages resulting from the unintended ingestion of illegal fentanyl if the ingestion results in serious
bodily injury or death.
Proposed law provides that available damages include punitive damages, court costs, and reasonable
attorney fees.
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 illegal trafficking or related
commercial activity of the unintended ingestion of illegal 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", "fentanyl", "foreign state", "ingestion", "person",
"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)