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HOUSE DOCKET, NO. 3518 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1497
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul K. Frost
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to drug distribution causing death.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul K. Frost7th Worcester1/20/2023 1 of 2
HOUSE DOCKET, NO. 3518 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1497
By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 1497) of Paul K.
Frost relative to drug distribution causing death. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1571 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to drug distribution causing death.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 265 of the General Laws is hereby amended by adding the following section:-
2 Section 59. Any person who, in violation of chapter 94C, manufactures, distributes, or
3dispenses heroin, fentanyl, methamphetamine, lysergic acid diethylamide, phencyclidine (PCP)
4or any other controlled substance in Class A, Class B, or Class C, as set forth at section 31 of
5chapter 94C, is strictly liable for a death which results from the injection, inhalation or ingestion
6of that substance, and shall be punished by imprisonment for life or for any term of years as the
7court may order, and by a fine of not more than $25,000; provided, however, that the sentence of
8imprisonment imposed upon such person shall not be reduced to less than 5 years, nor
9suspended, nor shall any such person be eligible for probation, parole or furlough or receive a 2 of 2
10deduction from his or her sentence for good conduct until such person shall have served 5 years
11of such sentence.
12 For purposes of this section, a person’s act of manufacturing, distributing, or dispensing a
13substance is the cause of a death when:
14 (a) The injection, inhalation or ingestion of the substance is an antecedent but for which
15the death would not have occurred; and
16 (b) The death was proximately caused by a person who manufactured, distributed, or
17dispensed such substance.
18 It shall not be a defense to a prosecution under this section that the decedent contributed
19to his or her own death by such decedent’s purposeful, knowing, reckless or negligent injection,
20inhalation or ingestion of the substance or by such decedent’s consenting to the administration of
21the substance by another. Nothing in this section shall be construed to preclude or limit any other
22prosecution for homicide.