Mississippi Senate Bill SB2131

Mississippi 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Failed: 1/31/23

Caption

Aggravated assault; create crime related to the delivery of fentanyl.

Impact

This bill seeks to strengthen state laws by directly addressing the serious issue of fentanyl-related deaths and injuries. It not only imposes penalties for those who deliver fentanyl in a reckless manner but also reinforces the legal framework to prosecute drug dealers more aggressively. One key aspect of the bill is the inclusion of a clause that protects individuals who seek medical assistance for someone experiencing a fentanyl overdose from prosecution. This provision aims to encourage individuals to act in emergency situations without fear of legal repercussions, thereby enhancing public health safety.

Summary

Senate Bill 2131 introduces significant changes to the Mississippi Code of 1972 by establishing the crime of aggravated assault through the delivery of fentanyl. The bill specifically criminalizes the action of knowingly or recklessly delivering fentanyl that results in death or serious bodily injury to another person. Convictions for fentanyl delivery resulting in death will incur severe penalties, including fines up to $10,000 and imprisonment ranging from 20 years to life. For aggravated assault through fentanyl delivery, offenders could face fines of $5,000 and imprisonment of 5 to 20 years. These provisions aim to impose strict penalties on individuals who profit from the illegal distribution of fentanyl, thereby targeting the ongoing public health crisis related to opioid overdoses in Mississippi.

Contention

Notable points of contention surrounding SB2131 include concerns about the broad application of the law that could inadvertently lead to the prosecution of good Samaritans who might share fentanyl with others. Critics may argue that the bill’s enforcement could create hesitancy in those who fear legal consequences when attempting to save lives. Furthermore, the automated repealer originally included in the law has been removed, leading to discussions on whether the law should be revisited or amended in the future to adapt to the evolving landscape of drug use and public health policies.