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, acting as part of a continuing criminal enterprise, knowingly and
14 unlawfully distributes a controlled substance to another individual causing the other
15 individual's death;
16 ▸ establishes an exception to drug-induced homicide resulting from the lawful
17 distribution of a controlled substance by a licensed practitioner;
18 ▸ establishes that drug-induced homicide is a first degree felony;
19 ▸ establishes that it is a mitigating factor in sentencing for the offense of drug-induced
20 homicide if the individual distributing a controlled substance reports an overdose to
21 a proper authority; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 76-3-203.11, as enacted by Laws of Utah 2014, Chapter 19
30 76-5-201, as last amended by Laws of Utah 2010, Chapter 13
32 76-5-211, Utah Code Annotated 1953
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 76-3-203.11 is amended to read:
36 76-3-203.11. Reporting an overdose -- Mitigating factor.
37 It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah
38 Controlled Substances Act, and Section 76-5-211, that the [
39 (1) reasonably believes that the [
40 experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction
41 into the human body of a controlled substance or other substance;
42 (2) reports in good faith the overdose event to a medical provider, an emergency
43 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
44 emergency call system, or an emergency dispatch system, or the [
45 subject of a report made under this section;
46 (3) provides in the report under Subsection (2) a functional description of the location
47 of the actual overdose event that facilitates responding to the [
48 the overdose event;
49 (4) remains at the location of the [
50 until a responding law enforcement officer or emergency medical service provider arrives, or
51 remains at the medical care facility where the [
52 event is located until a responding law enforcement officer arrives;
53 (5) cooperates with the responding medical provider, emergency medical service
54 provider, and law enforcement officer, including providing information regarding the [
55 individual experiencing the overdose event and any substances the [
56 have injected, inhaled, or otherwise introduced into the [
57 (6) committed the offense in the same course of events from which the reported
58 overdose arose.
59 Section 2. Section 76-5-201 is amended to read:
60 76-5-201. Criminal homicide -- Elements -- Designations of offenses -- Exceptions.
61 (1) (a) Except as provided in Subsections (3) and (4), [
62 criminal homicide if the [
63 negligence, or acting with a mental state otherwise specified in the statute defining the offense,
64 causes the death of another human being, including an unborn child at any stage of its
66 (b) There shall be no cause of action for criminal homicide for the death of an unborn
67 child caused by an abortion, as defined in Section 76-7-301.
68 (2) Criminal homicide is aggravated murder, murder, manslaughter, child abuse
69 homicide, homicide by assault, negligent homicide, [
71 (3) [
72 the sole reason for the death of the unborn child is that the [
73 (a) refused to consent to:
74 (i) medical treatment; or
75 (ii) a cesarean section; or
76 (b) failed to follow medical advice.
77 (4) A woman is not guilty of criminal homicide of her own unborn child if the death of
78 her unborn child:
79 (a) is caused by a criminally negligent act or reckless act of the woman; and
80 (b) is not caused by an intentional or knowing act of the woman.
81 Section 3. Section 76-5-211 is enacted to read:
82 76-5-211. Drug-induced homicide.
83 (1) As used in this section:
84 (a) "Administers" means the same as the term "administering" is defined in Subsection
86 (b) "Continuing criminal enterprise" means the same as that term is defined in
87 Subsection 58-37-2(1)(d).
88 (c) "Dispense" means the same as that term is defined in Subsection 58-17b-102(22).
89 (d) "Distribute" means the same as that term is defined in Subsection 58-17b-102(25).
90 (e) "Drug," except as provided in Subsection (1)(f), means the same as the term
91 "controlled substance" is defined in Subsection 58-37-2(1).
92 (f) "Drug" does not include a controlled substance that a practitioner with authority to
93 prescribe the controlled substance lawfully administers, dispenses, distributes, or prescribes:
94 (i) for a purpose that is not unprofessional or unlawful conduct, as defined in Section
95 58-1-501; and
96 (ii) within the practitioner's scope of practice.
97 (g) "Practitioner" means an individual currently licensed, registered, or otherwise
98 authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a
99 controlled substance in the course of professional practice.
100 (h) "Prescribe" means the same as that term is defined in Subsection 58-17b-102(62).
101 (2) Criminal homicide is drug-induced homicide if, while engaged in a continuing
102 criminal enterprise, the actor knowingly and unlawfully distributes a drug to another individual
103 and the drug:
104 (a) is used by the other individual; and
105 (b) causes the death of the other individual.
106 (3) Drug-induced homicide is a first degree felony.