Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 309 First Substitute (2018GS)

Sponsor

Rep. Eliason, S.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that an individual commits the offense of drug-induced homicide if the individual knowingly and unlawfully distributes a controlled substance to another individual for value or other consideration causing the other individual's death;
• establishes an exception to drug-induced homicide resulting from the lawful distribution of a controlled substance by a licensed practitioner;
• establishes that drug-induced homicide is a first degree felony; and
• makes technical changes.

Every vote on this bill

Bill text

DRUG DISTRIBUTION INDUCED HOMICIDE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill establishes the offense of drug-induced homicide.
Highlighted Provisions:
This bill:
▸ provides that an individual commits the offense of drug-induced homicide if the
individual knowingly and unlawfully distributes a controlled substance to another
individual for value or other consideration causing the other individual's death;
▸ establishes an exception to drug-induced homicide resulting from the lawful
distribution of a controlled substance by a licensed practitioner;
▸ establishes that drug-induced homicide is a first degree felony; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-201
, as last amended by Laws of Utah 2010, Chapter 13
ENACTS:
76-5-211
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-201
 is amended to read:
76-5-201.
Criminal homicide -- Elements -- Designations of offenses -- Exceptions.
(1) (a) Except as provided in Subsections (3) and (4), [
a person
] 
an individual
 commits
criminal homicide if the [
person
] 
individual
 intentionally, knowingly, recklessly, with criminal
negligence, or acting with a mental state otherwise specified in the statute defining the offense,
causes the death of another human being, including an unborn child at any stage of its
development.
(b) There shall be no cause of action for criminal homicide for the death of an unborn
child caused by an abortion, as defined in Section 
76-7-301
.
(2) Criminal homicide is aggravated murder, murder, manslaughter, child abuse
homicide, homicide by assault, negligent homicide, [
or
] automobile homicide
, or drug-induced
homicide
.
(3) [
A person
] 
An individual
 is not guilty of criminal homicide of an unborn child if
the sole reason for the death of the unborn child is that the [
person
] 
individual
:
(a) refused to consent to:
(i) medical treatment; or
(ii) a cesarean section; or
(b) failed to follow medical advice.
(4) A woman is not guilty of criminal homicide of her own unborn child if the death of
her unborn child:
(a) is caused by a criminally negligent act or reckless act of the woman; and
(b) is not caused by an intentional or knowing act of the woman.
Section 2. Section 
76-5-211
 is enacted to read:
 76-5-211.
Drug-induced homicide.
(1) As used in this section:
(a) "Administers" means the same as the term "administering" is defined in Subsection
58-17b-102
(1)(a).
(b) "Dispense" means the same as that term is defined in Subsection 
58-17b-102
(22).
(c) "Distribute" means the same as that term is defined in Subsection 
58-17b-102
(25).
(d) "Drug," except as provided in Subsection (1)(e), means the same as the term
"controlled substance" is defined in Subsection 
58-37-2
(1).
(e) "Drug" does not include a controlled substance that a practitioner with authority to
prescribe the controlled substance lawfully administers, dispenses, distributes, or prescribes:
(i) for a legitimate medical purpose; and
(ii) in the usual course of professional practice.
(f) "Practitioner" means an individual currently licensed, registered, or otherwise
authorized by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a
controlled substance in the course of professional practice.
(g) "Prescribe" means the same as that term is defined in Subsection 
58-17b-102
(62).
(2) Criminal homicide is drug-induced homicide if the actor knowingly and unlawfully
distributes a drug to another individual for value or other consideration that is used by the other
individual and causes the death of the other individual.
(3) Drug-induced homicide is a first degree felony.
Legislative Review Note
Office of Legislative Research and General Counsel