EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1398*
HOUSE BILL 1398
E1 5lr2605
HB 1245/24 – JUD CF SB 604
By: Delegates Tomlinson, Bouchat, Guyton, Kaufman, Lopez, Mangione, Miller,
Phillips, Rose, Spiegel, and Woorman
Introduced and read first time: February 7, 2025
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, Scottie, Ashleigh, and Yader’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 2024 Supplement) 13
BY adding to 14
Article – Criminal Procedure 15
Section 4–201(j) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2024 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
(A) IN THIS SECTION, “DISTRIBUTE” DOES NOT INCLUDE THE SHARING OF 23 2 HOUSE BILL 1398
HEROIN OR FENTANYL OR A CHEMICAL ANALOGUE OF HEROIN OR FENTANY L 1
WITHOUT REMUNERATION OR THE EXCHANGE OF G OODS OR SERVICES . 2
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 3
DISTRIBUTE HEROIN OR FENTANYL OR A CHEMIC AL ANALOGUE OF HEROI N OR 4
FENTANYL WITHOUT THE LAWFUL AUTHORITY TO DO SO, THE USE OF WHICH 5
RESULTS IN THE DEATH OR SERIOUS BODILY IN JURY OF ANOTHER . 6
(C) THIS SECTION APPLIES REGARDLESS OF WHETHE R: 7
(1) THE DEATH OR SERIOUS BODILY INJURY TO ANO THER OCCURRED 8
AS A RESULT OF USING HEROIN OR FENTANYL O R A CHEMICAL ANALOGU E OF 9
HEROIN OR FENTANYL B Y ITSELF OR COMBINED WITH ANY COMPOUND , MIXTURE, 10
DILUENT, OR OTHER SUBSTANCE ; 11
(2) THE HEROIN OR FENTAN YL OR THE CHEMICAL A NALOGUE OF 12
HEROIN OR FENTANYL I S MIXED OR COMBINED WITH ANY COMPOU ND, MIXTURE, 13
DILUENT, OR OTHER SUBSTANCE A FTER THE VIOLATION O F SUBSECTION (A) OF THIS 14
SECTION OCCURS ; OR 15
(3) THE DISTRIBUTION OF HEROIN OR FENTANYL O R THE CHEMICAL 16
ANALOGUE OF HEROIN O R FENTANYL IS MADE D IRECTLY TO THE PERSO N WHO DIES 17
OR SUFFERS SERIOU S BODILY INJURY. 18
(D) IF POSSESSION OF HERO IN OR FENTANYL OR A CHEMICAL ANALOGUE 19
OF HEROIN OR FENTANY L IS TRANSFERRED MOR E THAN ONCE PRIOR TO THE 20
OCCURRENCE OF THE DE ATH OR SERIOUS BODIL Y INJURY, EACH PERSON WHO 21
DISTRIBUTED OR DELIV ERED THE HEROIN , FENTANYL, OR THE CHEMICAL 22
ANALOGUE OF HEROIN O R FENTANYL SHALL BE CONSIDERED TO HAVE V IOLATED 23
THIS SECTION. 24
(E) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND , 25
IN ADDITION TO ANY O THER PENALTY IMPOSED FOR A VIOLATION OF § 5–602 OF 26
THIS SUBTITLE, ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 20 27
YEARS. 28
(F) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE CONSECUTIVE 29
TO AND NOT CONCURREN T WITH ANOTHER SENTE NCE IMPOSED UNDER AN Y OTHER 30
PROVISION OF LAW . 31
(G) A PERSON WHO , IN GOOD FAITH, SEEKS, PROVIDES, OR ASSISTS WITH 32
THE PROVISION OF MED ICAL ASSISTANCE FOR A PERSON EXPERIENCIN G A MEDICAL 33
EMERGENCY AFTER USIN G HEROIN OR FENTANYL OR A CHEMICAL ANALOG UE OF 34 HOUSE BILL 1398 3
HEROIN OR FENTANYL S HALL BE IMMUNE FROM CRIMINAL PROSECUTION FOR A 1
VIOLATION OF THIS SE CTION IF THE EVIDENCE FOR THE CRIMINAL PRO SECUTION 2
WAS OBTAINED SOLELY AS A RESULT OF THE P ERSON SEEKING , PROVIDING, OR 3
ASSISTING WITH THE P ROVISION OF MEDICAL ASSISTANCE. 4
Article – Criminal Procedure 5
4–201. 6
(J) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION, A PROSECUTION 7
OF A PERSON FOR A VI OLATION OF § 5–602.1 OF THE CRIMINAL LAW ARTICLE MAY 8
BE BROUGHT IN : 9
(1) THE COUNTY IN WHICH THE VIOLATION OCCURR ED; OR 10
(2) THE COUNTY IN WHICH THE DEATH OR SERIOUS BODILY INJURY 11
OCCURRED. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14