118 S380 IS: Felony Murder for Deadly Fentanyl Distribution Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 380IN THE SENATE OF THE UNITED STATESFebruary 9, 2023Mr. Rubio (for himself, Ms. Ernst, Mr. Marshall, Mrs. Hyde-Smith, Mr. Cruz, Mr. Hagerty, Mr. Cassidy, Mr. Risch, Mr. Lankford, Mr. Daines, Mr. Wicker, Mr. Braun, Mr. Budd, Mr. Cotton, and Mrs. Britt) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder.

1.

Short title

This Act may be cited as the Felony Murder for Deadly Fentanyl Distribution Act of 2023.

2.

Fentanyl distribution resulting in death punished as felony murder

Section 1111 of title 18, United States Code, is amended—(1)in subsection (a), in the second sentence, by inserting , distributing fentanyl after child abuse;(2)in subsection (b)—(A)by striking (b) Within and inserting (b) (1) Within; and(B)by adding at the end the following:(2)Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life.; and(3)in subsection (c)—(A)by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and(B)by inserting after paragraph (3) the following:(4)the terms controlled substance and distribute have the meanings given the terms in section 102 of the Controlled Substances Act (21 U.S.C. 802);(5)distributing fentanyl means to distribute a controlled substance—(A)involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;(B)that results in death from the use of a mixture or substance described in subparagraph (A); and(C)knowing or having reason to know that the controlled substance contains a detectable amount of a mixture or substance described in subparagraph (A)..