This bill establishes new criminal offenses related to the possession of lethal narcotics and reckless homicide resulting from the transfer of such substances. It defines "lethal narcotic" to include fentanyl, its analogs, methamphetamine, heroin, or any mixture containing these substances. The bill introduces a tiered penalty system for possession: a first offense is classified as a class D felony, allowing for probation and mandatory substance use evaluations; a second offense escalates to a class C felony with no possibility of deferral; and a third or subsequent offense is classified as a class B felony, also with no deferral options. Additionally, enhanced penalties are imposed for individuals in possession of firearms or offensive weapons during these violations.

Furthermore, the bill criminalizes reckless homicide by lethal narcotic transfer, making it a class A felony to knowingly transfer a controlled substance containing a lethal narcotic that leads to another person's death. This provision emphasizes that it is not a defense if the victim voluntarily ingested the substance or contributed to their own death. The penalties for a class A felony include life imprisonment without the possibility of parole. Overall, the bill aims to address the severe risks associated with lethal narcotics and enhance public safety through stricter legal consequences.

Statutes affected:
Introduced: 124.101