Felony Murder for Deadly Fentanyl Distribution Act of 2023

Bill: 118-s-380
Sponsor: full_name: Sen. Rubio, Marco [R-FL]
Introduced: 2023-02-09
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

Drug trafficking and controlled substances

Violent crime
Latest action: action_date: 2023-02-09
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-02-09
action_desc: Introduced in Senate
text: <p><b>Felony Murder for Deadly Fentanyl Distribution Act of 2023</b></p> <p>This bill makes the distribution of fentanyl resulting in death a first degree murder. </p> <p>An individual who is guilty of first degree murder by distributing fentanyl is subject to death or life in prison. </p>

tv_txt: II 118th CONGRESS 1st Session S. 380 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself, Ms. Ernst , Mr. Marshall , Mrs. Hyde-Smith , Mr. Cruz , Mr. Hagerty , Mr. Cassidy , Mr. Risch , Mr. Lankford , Mr. Daines , Mr. Wicker , Mr. Braun , Mr. Budd , Mr. Cotton , and Mrs. Britt ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder.

1. Short title This Act may be cited as the Felony Murder for Deadly Fentanyl Distribution Act of 2023 . 2. Fentanyl distribution resulting in death punished as felony murder Section 1111 of title 18, United States Code, is amended— (1) in subsection (a), in the second sentence, by inserting , distributing fentanyl after child abuse ; (2) in subsection (b)— (A) by striking (b) Within and inserting (b) (1) Within ; and (B) by adding at the end the following: (2) Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life. ; and (3) in subsection (c)— (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the terms controlled substance and distribute have the meanings given the terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (5) distributing fentanyl means to distribute a controlled substance— (A) involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (B) that results in death from the use of a mixture or substance described in subparagraph (A); and (C) knowing or having reason to know that the controlled substance contains a detectable amount of a mixture or substance described in subparagraph (A). .