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IN HB1402
Bill
Status
1/14/2015
Primary Sponsor
Thomas Washburne
Click for details
AI Summary
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Creates new crime of "dealing in a controlled substance by a health care provider," defined as a health care provider knowingly or intentionally prescribing, administering, or providing schedule I-V controlled substances without legitimate medical purpose or outside scope of medical practice, classified as a Level 4 felony.
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Adds dealing in schedule I, II, or III controlled substances and dealing in controlled substances by a health care provider as enhancing circumstances for sentencing purposes when the offense is the proximate cause of another person's death.
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Precludes four specific defenses in prosecutions involving death: that the decedent consumed additional controlled substances that alone would not have caused death, or that the decedent contributed to their own death through injection, inhalation, or consent to administration of the substance.
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Effective date is July 1, 2015.
Legislative Description
Drug crime enhancements. Creates the crime of dealing in a controlled substance by a health care provider. Precludes certain defenses. Lists dealing in a schedule I, II, or III controlled substance as an enhancing circumstance for purposes of sentencing. Lists dealing in a controlled substance by a health care provider as an enhancing circumstance for purposes of sentencing.
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015