MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane

Senate Bill 2131

AN ACT TO AMEND SECTION 41-29-139.1, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF AGGRAVATED ASSAULT BY FENTANYL DELIVERY; TO IMPOSE CRIMINAL PENALTIES; TO IMPOSE A CRIMINAL FINE FOR THE CRIME OF FENTANYL DELIVERY RESULTING IN DEATH; TO DELETE THE AUTOMATIC REPEALER; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 41-29-139.1, Mississippi Code of 1972, is amended as follows:

     41-29-139.1.  (1)  A person * * * who is guilty of fentanyl delivery resulting in death if the person purposefully, knowingly or recklessly delivers or causes the delivery of fentanyl * * * with knowledge of the fentanyl commits the crime of "fentanyl delivery resulting in death" when as a result of the unlawful delivery of fentanyl to another person in exchange for anything of value * * * to another person, and death to a person results from the * * * proximate cause of injection, oral ingestion or inhalation of the fentanyl.  Upon conviction for violating the provisions of this subsection, the person shall be * * * sentenced to punished by a fine of Ten Thousand Dollars ($10,000.00) and imprisonment no less than twenty (20) years to a term of life in the custody of the Mississippi Department of Corrections.

     (2)  A person is guilty of aggravated assault by fentanyl delivery if the person attempts to cause serious bodily injury or causes serious bodily injury to a person purposefully, knowingly or recklessly by delivering or causing the delivery of fentanyl to another person in exchange for anything of value.  Upon conviction for violating the provisions of this subsection, the person shall be punished by a fine of Five Thousand Dollars ($5,000.00) and imprisonment in the custody of the Department of Corrections for not less than five (5) years nor more than twenty (20) years.

     ( * * *23)  For purposes of this section only, any person, who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a fentanyl overdose shall not be charged or prosecuted for a violation of this section, if the evidence for the charge was gained as a result of the seeking of medical assistance.

     ( * * *34)  For purposes of this section:

          (a)  "Fentanyl" means fentanyl and any fentanyl-related substances, to include fentanyl analogs, as set forth in Article 3, Chapter 29 of Title 41 of the Mississippi Code of 1972.

          (b)  "In exchange for anything of value" does not apply to the act of sharing fentanyl when the sharing results in the proximate cause of a person's death or assault under this section.

     ( * * *45)  The legislative intent for this bill is to assist in prosecuting any person who sells or otherwise profits from the sale of unlawful fentanyl, which causes the death of another person.  It is not the intent of this Legislature for the provisions of this section to be used to prosecute a drug user or drug addict who has shared fentanyl with a friend or associate and the friend or associate dies as a result of the sharing.

     ( * * *56)  The provisions of this section shall * * * not be * * * construed to limit, restrict or otherwise prohibit an indictment or conviction for any other crime that may be related to a violation of this section in addition to any other offense or penalty provided by law.

     ( * * *67)  The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall create an annual report of the number of persons convicted under the provisions of this section; and shall provide the report to the House and Senate Judiciary B committees by January 5, of each year.

 * * * (7)  This section shall stand repealed from and after July 1, 2025.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.