EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0604*
SENATE BILL 604
E1 5lr2602
SB 1075/24 – JPR CF 5lr2605
By: Senators Waldstreicher and Ready
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
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
HEROIN OR FENTANYL O R A CHEMICAL ANALOGU E OF HEROIN OR FENTA NYL 24 2 SENATE BILL 604
WITHOUT REMUNERATION OR THE EXCHANGE OF G OODS OR SERVICES . 1
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 2
DISTRIBUTE HEROIN OR FEN TANYL OR A CHEMICAL ANALOGUE OF HEROIN O R 3
FENTANYL WITHOUT THE LAWFUL AUTHORITY TO DO SO, THE USE OF WHICH 4
RESULTS IN THE DEATH OR SERIOUS BODILY IN JURY OF ANOTHER . 5
(C) THIS SECTION APPLIES REGARDLESS OF WHETHE R: 6
(1) THE DEATH OR SERIOUS BODILY INJUR Y TO ANOTHER OCCURRE D 7
AS A RESULT OF USING HEROIN OR FENTANYL O R A CHEMICAL ANALOGU E OF 8
HEROIN OR FENTANYL B Y ITSELF OR COMBINED WITH ANY COMPOUND , MIXTURE, 9
DILUENT, OR OTHER SUBSTANCE ; 10
(2) THE HEROIN OR FENTAN YL OR THE CHEMICAL A NALOGUE OF 11
HEROIN OR FENTANYL I S MIXED OR COMBINED WITH ANY COMPOUND , MIXTURE, 12
DILUENT, OR OTHER SUBSTANCE A FTER THE VIOLATION O F SUBSECTION (A) OF THIS 13
SECTION OCCURS ; OR 14
(3) THE DISTRIBUTION OF HEROIN OR FENTANYL O R THE CHEMICAL 15
ANALOGUE OF HEROIN O R FENTANYL IS MADE DIRECT LY TO THE PERSON WHO DIES 16
OR SUFFERS SERIOUS B ODILY INJURY. 17
(D) IF POSSESSION OF HERO IN OR FENTANYL OR A CHEMICAL ANALOGUE 18
OF HEROIN OR FENTANY L IS TRANSFERRED MOR E THAN ONCE PRIOR TO THE 19
OCCURRENCE OF THE DE ATH OR SERIOUS BODIL Y INJURY, EACH PERSON WHO 20
DISTRIBUTED OR DELIV ERED THE HEROIN , FENTANYL, OR THE CHEMICAL 21
ANALOGUE OF HEROIN O R FENTANYL SHALL BE CONSIDERED TO HAVE V IOLATED 22
THIS SECTION. 23
(E) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND , 24
IN ADDITION TO ANY O THER PENALTY IMPOSED FO R A VIOLATION OF § 5–602 OF 25
THIS SUBTITLE, ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 20 26
YEARS. 27
(F) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE CONSECUTIVE 28
TO AND NOT CONCURREN T WITH ANOTHER SENTE NCE IMPOSED UNDER AN Y OTHER 29
PROVISION OF LAW . 30
(G) A PERSON WHO , IN GOOD FAITH, SEEKS, PROVIDES, OR ASSISTS WITH 31
THE PROVISION OF MED ICAL ASSISTANCE FOR A PERSON EXPERIENCIN G A MEDICAL 32
EMERGENCY AFTER USIN G HEROIN OR FENTANYL OR A CHEMICAL ANALOG UE OF 33
HEROIN OR FENTANYL S HALL BE IMMUNE FROM CRIMIN AL PROSECUTION FOR A 34 SENATE BILL 604 3
VIOLATION OF THIS SE CTION IF THE EVIDENC E FOR THE CRIMINAL P ROSECUTION 1
WAS OBTAINED SOLELY AS A RESULT OF THE P ERSON SEEKING , PROVIDING, OR 2
ASSISTING WITH THE P ROVISION OF MEDICAL ASSISTANCE. 3
Article – Criminal Procedure 4
4–201. 5
(J) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A PROSECUTION 6
OF A PERSON FOR A VI OLATION OF § 5–602.1 OF THE CRIMINAL LAW ARTICLE MAY 7
BE BROUGHT IN : 8
(1) THE COUNTY IN WHICH THE VIOLATION OCCURR ED; OR 9
(2) THE COUNTY IN WHICH THE DEATH OR SERIOUS BODIL Y INJURY 10
OCCURRED. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2025. 13