EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1245*
HOUSE BILL 1245
E1 4lr3062
CF SB 1075
By: Delegates Tomlinson, Bouchat, Buckel, Kaiser, Lopez, Mangione, Phillips,
Pippy, Rose, and Stonko
Introduced and read first time: February 8, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Distribution of Heroin or Fentanyl Causing Serious Bodily 2
Injury or Death 3
(Victoria and Scottie’s Law) 4
FOR the purpose of prohibiting an individual from distributing heroin or fentanyl or a 5
chemical analogue of heroin or fentanyl, the use of which results in the death or 6
serious bodily injury of another; and generally relating to the distribution of 7
controlled dangerous substances. 8
BY adding to 9
Article – Criminal Law 10
Section 5–602.1 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Criminal Procedure 15
Section 4–201(j) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Criminal Law 21
5–602.1. 22
2 HOUSE BILL 1245
(A) IN THIS SECTION, “DISTRIBUTE” DOES NOT INCLUDE THE SHARING OF 1
HEROIN OR FENTANYL O R A CHEMICAL ANALOGUE OF HEROIN OR FENTANYL 2
WITHOUT REMUNERATION OR THE EXCHANGE OF G OODS OR SERVICES. 3
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 4
DISTRIBUTE HEROIN OR FENTANYL OR A CHEMICAL ANALOGUE OF HEROIN OR 5
FENTANYL WITHOUT THE LAWFUL A UTHORITY TO DO SO , THE USE OF WHICH 6
RESULTS IN THE DEATH OR SERIOUS BODILY IN JURY OF ANOTHER. 7
(C) THIS SECTION APPLIES REGARDLESS OF WHETHE R: 8
(1) THE DEATH OR SERIOUS BODILY INJURY TO ANO THER OCCURRED 9
AS A RESULT OF USING HEROIN OR FENTANYL O R A CHEMICAL ANALOGUE OF 10
HEROIN OR FENTANYL B Y ITSELF OR COMBINED WITH ANY COMPOUND , MIXTURE, 11
DILUENT, OR OTHER SUBSTANCE ; 12
(2) THE HEROIN OR FENTAN YL OR THE CHEMICAL A NALOGUE OF 13
HEROIN OR FENTANYL I S MIXED OR COMBINED WITH ANY COMPOUND , MIXTURE, 14
DILUENT, OR OTHER SUBSTANCE A FTER THE VIOLATION O F SUBSECTION (A) OF THIS 15
SECTION OCCURS; OR 16
(3) THE DISTRIBUTION OF HEROIN OR FENTANY L OR THE CHEMICAL 17
ANALOGUE OF HEROIN O R FENTANYL IS MADE D IRECTLY TO THE PERSO N WHO DIES 18
OR SUFFERS SERIOUS B ODILY INJURY. 19
(D) IF POSSESSION OF HEROIN OR FENTANYL OR A CHEMICAL ANALOGUE 20
OF HEROIN OR FENTANY L IS TRANSFERRED MOR E THAN ONCE PRIOR TO THE 21
OCCURRENCE OF THE DE ATH OR SERIOUS BODIL Y INJURY, EACH PERSON WHO 22
DISTRIBUTED OR DELIVERED THE HEROIN, FENTANYL, OR THE CHEMICAL 23
ANALOGUE OF HEROIN O R FENTANYL SHALL BE CONSIDERED TO HAVE VIOLATED 24
THIS SECTION. 25
(E) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND, 26
IN ADDITION TO ANY O THER PENALTY IMPOSED FOR A VIOLATION OF § 5–602 OF 27
THIS SUBTITLE, ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 20 28
YEARS. 29
(F) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE CONSECUTIVE 30
TO AND NOT CONCURREN T WITH ANOTHER SENTE NCE IMPOSED UNDER AN Y OTHER 31
PROVISION OF LAW . 32
(G) A PERSON WHO , IN GOOD FAITH, SEEKS, PROVIDES, OR ASSISTS WITH 33
THE PROVISION OF MED ICAL ASSISTANCE FOR A PERSON EXPERIENCIN G A MEDICAL 34 HOUSE BILL 1245 3
EMERGENCY AFTER USIN G HEROIN OR FENTANYL OR A CHEMICAL ANALOG UE OF 1
HEROIN OR FENTANYL SHALL BE IMMUNE FROM CRIMINAL PROSECUT ION FOR A 2
VIOLATION OF THIS SE CTION IF THE EVIDENC E FOR THE CRIMINAL P ROSECUTION 3
WAS OBTAINED SOLELY AS A RESULT OF THE P ERSON SEEKING , PROVIDING, OR 4
ASSISTING WITH THE P ROVISION OF MEDICAL ASSISTANCE. 5
Article – Criminal Procedure 6
4–201. 7
(J) EXCEPT AS OTHERWISE PROVIDED I N THIS SECTION, A PROSECUTION 8
OF A PERSON FOR A VI OLATION OF § 5–602.1 OF THE CRIMINAL LAW ARTICLE MAY 9
BE BROUGHT IN : 10
(1) THE COUNTY IN WHICH THE VIOLATION OCCURRED; OR 11
(2) THE COUNTY IN WHICH THE DEATH OR SERIOUS BODILY INJURY 12
OCCURRED. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2024. 15