SENATE BILL 6

56th legislature - STATE OF NEW MEXICO - first special session, 2024

INTRODUCED BY

Crystal R. Brantley and Steven McCutcheon II

 

 

 

 

 

AN ACT

RELATING TO CRIME; MAKING THE DISTRIBUTION OF FENTANYL RESULTING IN DEATH A CAPITAL FELONY; PRESCRIBING A PENALTY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Controlled Substances Act is enacted to read:

     "[NEW MATERIAL] DISTRIBUTION OF FENTANYL RESULTING IN DEATH.--

          A. Distribution of fentanyl resulting in death is the intentional and unlawful distribution of any amount of fentanyl or a fentanyl-related substance to another person that results in the death of that person by cause of injecting, inhaling, absorbing or ingesting the fentanyl or fentanyl- related substance. Whoever commits distribution of fentanyl resulting in death is guilty of a capital felony and shall be sentenced pursuant to the provisions of Section 31-18-14 NMSA 1978.

          B. In any prosecution for distribution of fentanyl resulting in death, it is no defense that the deceased purposefully, knowingly, recklessly or negligently injected, inhaled, absorbed or ingested any amount of fentanyl or fentanyl-related substance.

          C. For the purposes of this section, "fentanyl- related substance" means any substance not otherwise assigned a number pursuant to the federal Controlled Substances Act and for which no exemption or approval is in effect under Section 505 of the Federal Food, Drug, and Cosmetic Act that is structurally related to fentanyl by one or more of the following modifications:

                (1) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

                (2) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;

                (3) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;

                (4) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or

                (5) replacement of the N-propionyl group by another acyl group."

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