SB 1260 Summary

• Amends murder statute to include unlawful distribution of specified controlled substances (including fentanyl, carfentanil, methamphetamine, and cocaine) that is proven to have caused or been a substantial factor in a user's death as capital felony murder; defines "substantial factor" as the substance alone being sufficient to cause death regardless of other contributing substances.

• Creates new statute establishing criminal penalties for unlawfully distributing, delivering, selling, or dispensing controlled substances that cause injury or overdose to users, with third-degree felony for basic violations and second-degree felony for violations involving specified high-risk substances when perpetrator is 18 years or older.

• Provides enhanced penalties including second-degree felony for second violations and first-degree felony for second violations of enhanced offense; allows prosecution of initial distributors in drug supply chains when substances are subsequently redistributed to users who are injured.

• Expands restrictions on controlled substance activity within 1,000 feet of certain facilities to include mental health care facilities, substance abuse treatment facilities, recovery residences, and pain management clinics.

• Updates Criminal Punishment Code offense severity ranking chart to classify new injury/overdose offenses at levels 6, 7, and 8; effective October 1, 2021.