Apr. 27—BISMARCK — A bill proposing a special penalty for controlled substance distribution that results in injury or death passed unanimously in the House and Senate on April 26.
Senate Bill 2248
originally proposed a mandatory minimum sentence for those convicted of fentanyl trafficking
.
The bill was later amended after its primary sponsor, Sen. David Hogue, R-Minot, spoke with concerned members of the criminal justice system.
Under the amended Senate Bill 2248, an individual found guilty of causing death or injury by distributing a controlled substance will be convicted of a Class A felony. Class A felonies have a maximum penalty of 20 years in prison and $20,000 in fines.
The injury or death can be proven by direct or circumstantial evidence, and individuals located outside of the state may be prosecuted under the bill.
An individual cannot be charged, however, if they provided a controlled substance as part of a medical procedure, or are in a lawful position to distribute medical prescriptions.
The bill also includes plans for the Department of Health and Human Services to report North Dakota's fentanyl deaths annually. By Nov. 1 each year, HHS will be required to submit a report of fentanyl deaths that occurred the year prior. The report will include the county, age and gender of the deceased.
The reports will be accessible on the HHS website. The HHS will also be required to publish printed materials on fentanyl awareness, place billboards in high-traffic areas, and develop a campaign to expand statewide awareness of fentanyl drug overdoses and deaths in North Dakota.