What This Bill Does
This bill makes distributing fentanyl that results in someone's death a federal crime punishable as first degree murder. People convicted under this law could face the death penalty or life imprisonment.
Who It Affects
People who distribute fentanyl that causes death.
Key Provisions
• Anyone guilty of first degree murder by distributing fentanyl faces punishment by death or life imprisonment (Sec. 2(b))
• "Distributing fentanyl" means distributing a controlled substance involving 2 grams or more of a mixture containing fentanyl OR 0.5 grams or more of a mixture containing any fentanyl analogue (a chemically similar substance) that results in death (Sec. 2(c)(5)(A) and (B))
• A person must know or have reason to know the substance contains a detectable amount of fentanyl for this law to apply (Sec. 2(c)(5)(C))
What Changes
Federal law currently punishes murder in the first degree by death or life imprisonment. This bill adds distributing fentanyl to the list of ways someone can commit first degree murder under federal law.
Important Definitions
The bill defines "controlled substance," "distribute" and "distributor" as those terms are defined in the Controlled Substances Act (a separate federal law). "Distributing fentanyl" means distributing fentanyl or similar substances in specified amounts that result in death when the distributor knows or has reason to know the substance contains fentanyl.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 916
To punish the distribution of fentanyl resulting in death as felony murder.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2023
Mr. TONY GONZALES of Texas (for himself, Mr. NORMAN, Mr. POSEY, Mr.
MAST, Mr. GIMENEZ, and Mr. LAMBORN) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
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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•HR 916 IH
(1) in subsection (a), by inserting ‘‘, distrib-
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uting fentanyl’’ after ‘‘child 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’, ‘dis-
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tribute’, and ‘distributor’ have the meanings given
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the terms in section 102 of the Controlled Sub-
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stances Act (21 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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piperidinyl] propanamide or .5 grams or more
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•HR 916 IH
of a mixture or substance containing a detect-
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able amount of any analogue of N-phenyl-N-[1-
2
(2-phenylethyl)-4-piperidinyl] propanamide;
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‘‘(B) that results in death from the use of
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such mixture or substance; and
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‘‘(C) knowing or having reason to know
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contains a detectable amount of such mixture
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or substance.’’.
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Æ
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