SB29 Summary

• Makes trafficking fentanyl a capital offense punishable by death or life imprisonment without parole, applying the same sentencing procedures as capital murder and treason convictions

• Classifies fentanyl as a Schedule I controlled substance and establishes graduated penalties for fentanyl possession, delivery, and manufacture ranging from Class C felony (under 2 grams) to Class Y felony (10+ grams)

• Expands capital offense sentencing procedures to include fentanyl trafficking, with provisions for jury considerations of aggravating and mitigating circumstances, and allows juries to consider intellectual disabilities as automatic grounds for life without parole sentences

• Prohibits parole eligibility for individuals sentenced for fentanyl trafficking offenses on or after the effective date and requires extended defense counsel experience and jury composition standards similar to capital murder cases

• Adds comprehensive fentanyl definitions including street names (Apache, China Girl, Tango and Cash) and modifies various criminal code sections regarding attempts, solicitation, conspiracy, and sentencing guidelines to treat fentanyl trafficking equivalently to capital offenses