SSHB586 4143 4062
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 586 2023 Regular Session Stefanski
CIVIL/CLAIMS: Provides for civil liability for actions related to fentanyl
Synopsis of Senate Amendments
1.Removes language providing for sources whose accuracy cannot reasonably be
questioned as sufficient evidence for the plaintiff to establish an action pursuant
to proposed law.
2.Changes definition of "illicit fentanyl".
Digest of Bill as Finally Passed by Senate
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 U.S. 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 provides that the plaintiff may utilize credible information or statistical data
provided by the U.S. government, its agencies, courts, or congress, or publications of
information by this state, its agencies, courts, or legislature of illicit fentanyl trafficking to
meet the burden of proof.
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".
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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)
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