HOUSE DOCKET, NO. 4127        FILED ON: 7/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward F. Coppinger

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to punish drug distribution causing death.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Edward F. Coppinger

10th Suffolk

7/17/2017

Timothy R. Whelan

1st Barnstable

 

Kevin G. Honan

17th Suffolk

 

Michael O. Moore

Second Worcester

 

Paul McMurtry

11th Norfolk

 

Josh S. Cutler

6th Plymouth

7/20/2017

Carole A. Fiola

6th Bristol

7/24/2017

Danielle W. Gregoire

4th Middlesex

 

Frank A. Moran

17th Essex

7/24/2017

Shaunna L. O'Connell

3rd Bristol

7/24/2017

Shawn Dooley

9th Norfolk

7/21/2017

Hannah Kane

11th Worcester

 

Randy Hunt

5th Barnstable

 

Mathew Muratore

1st Plymouth

 

James J. Dwyer

30th Middlesex

 

John J. Lawn, Jr.

10th Middlesex

 

Nick Collins

4th Suffolk

7/24/2017

Marc T. Lombardo

22nd Middlesex

 


HOUSE DOCKET, NO. 4127        FILED ON: 7/17/2017

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By Mr. Coppinger of Boston, a petition (subject to Joint Rule 12) of Edward F. Coppinger and others relative to the manufacturing, dispensing, distribution, or sale of certain controlled substances that result in death.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act to punish drug distribution causing death.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Chapter 265 is hereby amended by adding after section 13½ the following section: -

Whoever commits manslaughter through the manufacturing, dispensing, distribution, or sale in violation of any controlled drug in Class A or Class B as set forth at section 31 of Chapter 94C, or any controlled drug analog thereof, in violation of Chapter 94C, shall be punished by imprisonment in the state prison for not less than 5 years and not more than 20 years. For the purposes of this section, the person’s act of manufacturing, dispensing, distribution, or sale of a substance is the cause of death when:

(a)The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and

(b)The death was proximately caused by a person who manufactured, dispensed, distributed or sold such substance.