HB2820 Summary

• Creates new crime of "drug trafficking homicide" as a class 1 felony when a person sells fentanyl or other dangerous/narcotic drugs and the buyer's death results from injecting, inhaling, absorbing or ingesting the drug.

• Sets sentencing for drug trafficking homicide at a minimum of 10 years, presumptive 16 years, and maximum 25 years; increases to minimum 15 years, presumptive 20 years, maximum 29 years if defendant has prior conviction for drug trafficking homicide or a dangerous felony.

• Classifies drug trafficking homicide as a dangerous crime against children if the victim is under 15 years of age, subjecting it to mandatory life sentences under existing dangerous crimes against children statutes.

• Amends sections 13-705 and 13-706 to include drug trafficking homicide in the definitions of dangerous crimes against children and serious/violent offenses for enhanced sentencing purposes.

• Requires proof that defendant knew, had reason to know, or was criminally negligent regarding the identity of the drug sold; does not intend to punish simple possession of fentanyl.