Signed by Governor Glenn Youngkin

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes fentanyl dealers to be charged with felony involuntary manslaughter if the drugs they sell result in the death of a minor in Virginia.

Highlights:

• Authorizes that any individual involved in the knowing and intentional manufacture, sale, or distribution of fentanyl to a minor is to be charged with felony involuntary manslaughter if the following is true (Sec. 1):

• The minor’s death is a result of their use of fentanyl; and

• Fentanyl is the proximate cause of death.

• Specifies that the dealer can still be charged with felony involuntary manslaughter even if the minor contributed to his own death by his knowing or voluntary use of the fentanyl (Sec. 1). 

• Specifies that a detectable amount of fentanyl includes its derivatives, isomers, esters, ethers, salts, and salts of isomers (Sec. 1). 

• Specifies that the venue for a prosecution under this subsection shall lie in the locality where the distribution of the substance occurred, where the use of the substance occurred, or where the death occurred (Sec. 1). 

• Specifies that if an individual gives or distributes fentanyl only as an accommodation to another who is not an inmate in a correctional facility, with no intention or profiting or resulting in the recipient becoming addicted, he is guilty of a Class 5 felony (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes fentanyl dealers to be charged with felony involuntary manslaughter if the drugs they sell result in the death of a minor in Virginia.

Highlights:

• Authorizes that any individual involved in the knowing and intentional manufacture, sale, or distribution of fentanyl to a minor is to be charged with felony involuntary manslaughter if the following is true (Sec. 1):

• The minor’s death is a result of their use of fentanyl; and

• Fentanyl is the proximate cause of death.

• Specifies that the dealer can still be charged with felony involuntary manslaughter even if the minor contributed to his own death by his knowing or voluntary use of the fentanyl (Sec. 1). 

• Specifies that a detectable amount of fentanyl includes its derivatives, isomers, esters, ethers, salts, and salts of isomers (Sec. 1). 

• Specifies that the venue for a prosecution under this subsection shall lie in the locality where the distribution of the substance occurred, where the use of the substance occurred, or where the death occurred (Sec. 1). 

• Specifies that if an individual gives or distributes fentanyl only as an accommodation to another who is not an inmate in a correctional facility, with no intention or profiting or resulting in the recipient becoming addicted, he is guilty of a Class 5 felony (Sec. 1).

Full Bill Text