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.
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.
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.