HOUSE DOCKET, NO. 1586        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1604

The Commonwealth of Massachusetts

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PRESENTED BY:

Jessica Ann Giannino

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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 enact “Stephen’s Law”, relative to the distribution of fentanyl that results in death.

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PETITION OF:

HOUSE DOCKET, NO. 1586        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1604

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3470 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to enact “Stephen’s Law”, relative to the distribution of fentanyl that results in death.

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

Chapter 94C of the General Laws is hereby amended by inserting after section 32N the following section:-

Section 32O.  A person who unlawfully distributes fentanyl in violation of section 32A or 32F, or trafficks in fentanyl in violation of section 32E, where a death results from the use of such fentanyl, shall be guilty of homicide by distribution of a controlled substance and shall be punished by imprisonment in the state prison for not less than 10 years and not more than 20 years and by a fine of not more than $25,000.   For purposes of this section, a death is deemed to have resulted from the use of fentanyl when the death would not have occurred but for the injection, inhalation or ingestion of the fentanyl.