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AR HB1456

Bill

Status

Passed

4/11/2023

Primary Sponsor

Jimmie Gazaway

Click for details

Origin

House of Representatives

94th General Assembly (2023 Regular)

AI Summary

  • Establishes "Death by Delivery" offenses under Arkansas Code Title 5, Chapter 10, creating aggravated death by delivery (unclassified felony, 20-60 years or life imprisonment) when fentanyl delivery causes death, with life sentences for delivery to minors except those less than 3 years older than the victim.

  • Creates death by delivery in the first degree (Class Y felony, reducible to Class A for defendants without prior felonies or with minor/passive roles) for methamphetamine, heroin, or cocaine deliveries causing death.

  • Creates death by delivery in the second degree (Class A felony, reducible to Class B under certain circumstances) for other controlled substances or counterfeit substances causing death.

  • Establishes predatory marketing of fentanyl to minors as an unclassified felony with life imprisonment and $1,000,000 fine for fentanyl designed to appeal to minors by shape, color, taste, or packaging.

  • Increases fentanyl trafficking penalties to an unclassified felony with 25-60 years imprisonment or life and $1,000,000 fine; excludes single-use fentanyl test strips from drug paraphernalia definitions.

Legislative Description

Creating The Fentanyl Enforcement And Accountability Act Of 2023; Concerning Fentanyl And Other Controlled Substances; To Establish Increased Penalties; And To Declare An Emergency.

Last Action

Notification that HB1456 is now Act 584

4/11/2023

Committee Referrals

Judiciary4/4/2023
Judiciary2/20/2023

Full Bill Text

No bill text available