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HOUSE DOCKET, NO. 3412 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1781
The Commonwealth of Massachusetts
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PRESENTED BY:
Jeffrey Rosario Turco and Steven George Xiarhos
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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 induced homicide.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/20/2023Steven George Xiarhos5th Barnstable1/20/2023Patrick Joseph Kearney4th Plymouth2/16/2023Jessica Ann Giannino16th Suffolk2/28/2023 1 of 3
HOUSE DOCKET, NO. 3412 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1781
By Representatives Turco of Winthrop and Xiarhos of Barnstable, a petition (accompanied by
bill, House, No. 1781) of Jeffrey Rosario Turco, Steven George Xiarhos and others relative to
drug induced homicide. The Judiciary.
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 induced homicide.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Any person while in the course of trafficking or unlawfully distributing a
2Class A controlled substance, as defined in Section 31 of Chapter 94C, who knowingly or
3intentionally manufactures, distributes, dispenses, delivers, or provides any amount of a Class A
4controlled substance or counterfeit substance which results in death shall be punished for a term
5up to life in prison.
6 SECTION 2. Any person who, in good faith, without malice and in the absence of
7evidence of an intent to defraud seeks medical assistance for someone experiencing a Class A
8controlled substance overdose as defined in Section 34A of Chapter 94C shall not be charged or
9prosecuted for a violation of Section 1.
10 SECTION 3.
11 (A) Notwithstanding any general or special law to the contrary, there is hereby
12established a permanent commission to oversee the effectiveness of drug induced homicide laws 2 of 3
13and review every drug induced homicide conviction in the Commonwealth of Massachusetts.
14The commission shall investigate and collect data to ensure there is no prejudice in charging or
15sentencing individuals who violate drug induced homicide laws, that prosecutors are providing
16treatment first options for individuals suffering from substance use disorder, and that sentencing
17is based on the judge’s discretion on a case-by-case basis and that there is no minimum
18mandatory sentence for drug induced homicide.
19 (B) The commission shall consist of the secretary of public safety or a designee; the
20Chief Justice of the Trial court or a designee; the President of the Massachusetts District
21Attorney’s Association of a designee; the President of the Massachusetts Bar Association or a
22designee; the Colonel of the Massachusetts State Police or a designee; the President of the
23Massachusetts Police Chiefs Association of a designee; 1 member of the house of representatives
24appointed by the speaker of the house of representatives; 1 member of the senate appointed by
25the senate president; 1 member of the house of representatives appointed by the minority leader
26of the house of representatives; 1 member of the senate appointed by the senate minority leader;
271 member appointed by the Attorney General; and 3 members appointed by the governor, 1 of
28whom shall be a whom shall be an individual with expertise in substance use and recovery, 1 of
29whom shall be an individual with expertise in racial justice, and 1 of whom shall be an individual
30with expertise in law enforcement.
31 (C) The commission shall be established no less than 90 days after passage of this act.
32The Commission shall convene every 120 days and present a report and recommendations for
33charges to improve drug induced homicide law with the governor, attorney general, the clerks of
34the house and senate, the house and senate chairs of the joint committee on judiciary, and the 3 of 3
35Massachusetts District Attorney’s Association no later than 365 days following the passage of
36this act.
37 (D) Annually, The Commission shall, not later than June 30, reassess and report on drug
38induced homicide laws and any policy recommendations to the governor, attorney general, the
39clerks of the house and senate, the joint committee on judiciary, and the Massachusetts District
40Attorney’s Association.
41 (E) Appointed members shall serve terms of 2 years and until their successors are
42appointed, or the member is reappointed by their appointing or nominating authority. Vacancies
43in the membership of the commission shall be filled by the original appointing authority for the
44balance of the unexpired term.