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NC S375
Bill
AI Summary
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Creates two new felony offenses: "death by distribution of certain controlled substances" (Class C felony) and "aggravated death by distribution of certain controlled substances" (Class B2 felony) for illegal drug dealers whose distributions cause user deaths.
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Death by distribution requires unlawful sale and delivery of specified controlled substances that proximately cause a user's death, without the defendant acting with malice.
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Aggravated death by distribution adds a requirement that the defendant have a prior conviction within seven years for similar drug offenses, excluding incarceration time from the seven-year calculation.
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Applies to opioids, cocaine, methamphetamine, depressants, and mixtures thereof; excludes valid prescriptions issued by practitioners for legitimate medical purposes.
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Provides Samaritan protection exemption if the defendant qualifies for limited immunity under existing law; becomes effective December 1, 2019 for offenses committed on or after that date.
Legislative Description
Death by Distribution
Last Action
Re-ref Com On Rules and Operations of the Senate
5/6/2019