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7 LONG TITLE
8 General Description:
9 This bill establishes the offense of drug-induced homicide.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that an individual commits the offense of drug-induced homicide if the
13 individual knowingly and unlawfully distributes a controlled substance to another
14 individual for value or other consideration causing the other individual's death;
15 ▸ establishes an exception to drug-induced homicide resulting from the lawful
16 distribution of a controlled substance by a licensed practitioner;
17 ▸ establishes that drug-induced homicide is a first degree felony; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-5-201, as last amended by Laws of Utah 2010, Chapter 13
26 ENACTS:
27 76-5-211, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-5-201 is amended to read:
31 76-5-201. Criminal homicide -- Elements -- Designations of offenses -- Exceptions.
32 (1) (a) Except as provided in Subsections (3) and (4), [
33 criminal homicide if the [
34 negligence, or acting with a mental state otherwise specified in the statute defining the offense,
35 causes the death of another human being, including an unborn child at any stage of its
36 development.
37 (b) There shall be no cause of action for criminal homicide for the death of an unborn
38 child caused by an abortion, as defined in Section 76-7-301.
39 (2) Criminal homicide is aggravated murder, murder, manslaughter, child abuse
40 homicide, homicide by assault, negligent homicide, [
41 homicide.
42 (3) [
43 the sole reason for the death of the unborn child is that the [
44 (a) refused to consent to:
45 (i) medical treatment; or
46 (ii) a cesarean section; or
47 (b) failed to follow medical advice.
48 (4) A woman is not guilty of criminal homicide of her own unborn child if the death of
49 her unborn child:
50 (a) is caused by a criminally negligent act or reckless act of the woman; and
51 (b) is not caused by an intentional or knowing act of the woman.
52 Section 2. Section 76-5-211 is enacted to read:
53 76-5-211. Drug-induced homicide.
54 (1) As used in this section:
55 (a) "Administers" means the same as the term "administering" is defined in Subsection
56 58-17b-102(1)(a).
57 (b) "Dispense" means the same as that term is defined in Subsection 58-17b-102(22).
58 (c) "Distribute" means the same as that term is defined in Subsection 58-17b-102(25).
59 (d) "Drug," except as provided in Subsection (1)(e), means the same as the term
60 "controlled substance" is defined in Subsection 58-37-2(1).
61 (e) "Drug" does not include a controlled substance that a practitioner with authority to
62 prescribe the controlled substance lawfully administers, dispenses, distributes, or prescribes:
63 (i) for a legitimate medical purpose; and
64 (ii) in the usual course of professional practice.
65 (f) "Practitioner" means an individual currently licensed, registered, or otherwise
66 authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a
67 controlled substance in the course of professional practice.
68 (g) "Prescribe" means the same as that term is defined in Subsection 58-17b-102(62).
69 (2) Criminal homicide is drug-induced homicide if the actor knowingly and unlawfully
70 distributes a drug to another individual for value or other consideration that is used by the other
71 individual and causes the death of the other individual.
72 (3) Drug-induced homicide is a first degree felony.
Legislative Review Note
Office of Legislative Research and General Counsel