Representative Steve Eliason proposes the following substitute bill:




Chief Sponsor: Steve Eliason

Senate Sponsor: Curtis S. Bramble


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:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
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
31     ENACTS:
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 [person] individual:
39          (1) reasonably believes that the [person] individual or another [person] individual is
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 [person] individual is 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 [person] individual experiencing
48     the overdose event;
49          (4) remains at the location of the [person] individual experiencing the overdose event
50     until a responding law enforcement officer or emergency medical service provider arrives, or
51     remains at the medical care facility where the [person] individual experiencing an overdose
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 [person]
55     individual experiencing the overdose event and any substances the [person] individual may
56     have injected, inhaled, or otherwise introduced into the [person's] individual's body; and

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), [a person] an individual commits
62     criminal homicide if the [person] individual intentionally, knowingly, recklessly, with criminal
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
65     development.
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, [or] automobile homicide, or drug-induced
70     homicide.
71          (3) [A person] An individual is not guilty of criminal homicide of an unborn child if
72     the sole reason for the death of the unborn child is that the [person] individual:
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
85     58-17b-102(1)(a).
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.