What This Bill Does
This bill changes federal law to treat distributing fentanyl that causes someone's death as first-degree murder. It adds fentanyl distribution to the types of crimes that can be charged as felony murder (a serious crime where someone dies during another crime).
Who It Affects
People who distribute fentanyl (a controlled substance) that results in death would be directly affected by potential murder charges.
Key Provisions
• Federal law is updated to include "distributing fentanyl" as a type of conduct that can result in first-degree murder charges (Sec. 2)
• A person found guilty of first-degree murder by distributing fentanyl can be punished by death or life imprisonment (Sec. 2)
• "Distributing fentanyl" is defined as distributing a controlled substance containing at least 2 grams of fentanyl (or its chemical analogues) or 0.5 grams or more of certain fentanyl-related substances, where the person knows or has reason to know the substance contains fentanyl, and the distribution results in death (Sec. 2)
What Changes
Distributing fentanyl resulting in death becomes treatable as first-degree murder under federal law, with possible punishments of death or life imprisonment.
Important Definitions
The bill uses definitions from the Controlled Substances Act for "controlled substance" and "distribute." Fentanyl is identified by its scientific name: N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 380
To amend title 18, United States Code, to punish the distribution of fentanyl
resulting in death as felony murder.
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Felony Murder for
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Deadly Fentanyl Distribution Act of 2023’’.
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SEC. 2. FENTANYL DISTRIBUTION RESULTING IN DEATH
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PUNISHED AS FELONY MURDER.
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Section 1111 of title 18, United States Code, is
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amended—
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•S 380 IS
(1) in subsection (a), in the second sentence, by
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inserting ‘‘, distributing fentanyl’’ after ‘‘child
2
abuse’’;
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(2) in subsection (b)—
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(A) by striking ‘‘(b) Within’’ and inserting
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‘‘(b) (1) Within’’; and
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(B) by adding at the end the following:
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‘‘(2) Whoever is guilty of murder in the first degree
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by distributing fentanyl shall be punished by death or by
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imprisonment for life.’’; and
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(3) in subsection (c)—
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(A)
by
redesignating
paragraphs
(4)
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through (6) as paragraphs (6) through (8), re-
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spectively; and
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(B) by inserting after paragraph (3) the
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following:
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‘‘(4) the terms ‘controlled substance’ and ‘dis-
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tribute’ have the meanings given the terms in sec-
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tion 102 of the Controlled Substances Act (21
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U.S.C. 802);
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‘‘(5) ‘distributing fentanyl’ means to distribute
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a controlled substance—
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‘‘(A) involving 2 grams or more of a mix-
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ture or substance containing a detectable
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amount
of
N-phenyl-N-[1-(2-phenylethyl)-4-
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•S 380 IS
piperidinyl] propanamide or .5 grams or more
1
of a mixture or substance containing a detect-
2
able amount of any analogue of N-phenyl-N-[1-
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(2-phenylethyl)-4-piperidinyl] propanamide;
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‘‘(B) that results in death from the use of
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a mixture or substance described in subpara-
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graph (A); and
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‘‘(C) knowing or having reason to know
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that the controlled substance contains a detect-
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able amount of a mixture or substance de-
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scribed in subparagraph (A).’’.
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Æ
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