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MS HB1041
Bill
Status
3/5/2024
Primary Sponsor
Becky Currie
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AI Summary
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Removes the "knowledge" requirement from Mississippi Code Section 41-29-139.1, making it illegal to deliver fentanyl that results in death regardless of whether the defendant knew it was fentanyl.
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Establishes a mandatory prison sentence of 20 years to life for conviction of fentanyl delivery resulting in death.
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Exempts individuals from prosecution under this section if they sought medical assistance in good faith for someone experiencing a fentanyl overdose, provided the evidence was obtained as a result of seeking that assistance.
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Clarifies that the law applies to those who sell or profit from unlawful fentanyl sales causing death, not to drug users who share fentanyl with others, and that sharing fentanyl does not require "exchange for anything of value."
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Requires the Joint Legislative Committee on Performance Evaluation and Expenditure Review to submit annual reports on convictions under this section to the House and Senate Judiciary B committees by January 5 each year.
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Automatically repeals July 1, 2025, with the act taking effect July 1, 2024.
Legislative Description
Fentanyl delivery resulting in death; remove "knowledge" requirement. (PEER bill).
Last Action
Died In Committee
3/5/2024