Impact Assessment for HB1456 and SB283
Sponsored by Representative Gazaway and Senator Gilmore
Subtitle CREATING THE FENTANYL ENFORCEMENT AND ACCOUNTABILITY ACT OF 2023;
CONCERNING FENTANYL AND OTHER CONTROLLED SUBSTANCES; TO ESTABLISH INCREASED
PENALTIES; AND TO DECLARE AN EMERGENCY
Impact Summary 1 Cannot be determined.
Change from Current Law 2 Amends various provisions of Title 5 of the Arkansas Code Annotated related to
controlled substances.
The proposed bill creates a new subchapter in Title 5, Chapter 10, which creates criminal penalties for certain
instances involving the death of a person due to the use of a controlled substance, provides definitions, and sets out
exceptions to liabilities. Three sections set out offenses of Death by delivery, all of which have elements requiring
that a person knowingly delivers or conveys a controlled or counterfeit substance to another person and tha t the
injection, ingestion, inhalation, or other introduction of the controlled substance causes the death of another person.
The type of controlled substance and surrounding circumstances impact the potential penalties. Please see the table
below for a brief synopsis:
Type of
Offense Title Controlled Penalty
Substance
Unclassified felony
20 to 60 or Life
§ 5-10-202 Victim is a minor
Unclassified felony
Aggravated Death by Fentanyl
Delivery Life
Victim is a minor, but defendant is less than three years older than the victim
Unclassified felony
20 to 60 or Life
§ 5-10-203
Methamphetamine, Class Y felony
Death by Delivery in
Heroin, or Cocaine
the first degree Class A felony if factors in (b)(2) are met
Class A felony
§ 5-10-204 All other controlled
Death by Delivery in or counterfeit Class B felony if factors in (b)(2) are met
the second degree substances
Class Y felony if factors in (b)(3) are met
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1 This impact assessment was prepared 3/29/2023 7:50 AM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. § 16-
90-802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. A micro-simulation
model may be used for bills which have the potential for significant impact on correctional resources. The following designations will be
used: “minimal” = less than 10 offenders per year will be affected; “medium” = would require budgetary increases for ADC inmate costs;
and “major” = would require budgetary increases for ADC inmate costs and construction costs for additional beds.
2 Standard punishment ranges: Misdemeanors
Class Y 10-40 years or life Class C 3-10 years; up to $10,000 Class A Up to 1 year; up to $2,500
Class A 6-30 years; up to $15,000 Class D 0-6 years; up to $10,000 Class B Up to 90 days; up to $1,000
Class B 5-20 years; up to $15,000 Unclassified As specified in statute Class C Up to 30 days; up to $500
The proposed bill also excludes disposable, single-use test strips that can detect the presence of fentanyl or fentanyl
analogs from the description of “drug paraphernalia” for purposes of the Uniform Controlled Substances Act.
The proposed bill amends A.C.A. § 5-64-421 to add a new subsection (i), which creates the new offense of predatory
marketing of fentanyl to minors. Under the proposed bill a person commits the offense of predatory marketing of
fentanyl to minors if he or she possesses fentanyl with the purpose to deliver, delivers fentanyl, or manufactures
fentanyl and the fentanyl is likely appeal to minors due to the shape, color, taste, or design of the fentanyl or the
fentanyl’s packaging.
The proposed bill also amends A.C.A. § 5-64-440 (c) to increase the penalty for trafficking of fentanyl to an
unclassified felony with a penalty of a sentence of imprisonment of not less than twenty -five years nor more than
sixty years, or life. Under current law, trafficking of fentanyl is a Class Y felony.
Impact Information The proposed bill amends various provisions regarding controlled substances for which
available data does not adequately provide information on which to determine the projected impact.
While the state crime lab does provide data on drug overdoses, this data does not distinguish those instances in which
the source of the controlled substance can be determined. Prior to 2021, fentanyl offenses were not reported
separately from other controlled substances. In addition, current law does not differentiate between the type of
controlled substances trafficked under A.C.A. § 5-64-440, or the nature of the shape, color, taste, or design of fentanyl
under A.C.A. § 5-64-421. For these reasons, the projected impact of the proposed bill cannot be determined.


Statutes affected:
SB 283: 5-64-101(12), 5-64-421, 5-64-440(c)