The bill H. 3591 aims to amend the South Carolina Code of Laws by introducing a new offense called "fentanyl-induced homicide." This offense is defined as knowingly and unlawfully delivering, dispensing, or providing fentanyl or a fentanyl-related substance that results in the death of another person. The bill stipulates that individuals convicted of this crime may face imprisonment for up to thirty years. Additionally, it specifies that there is no affirmative defense available if the decedent contributed to their own death through their actions, unless there is clear evidence of intent to commit suicide. The bill also clarifies that individuals who share drugs without knowledge of their contents are not subject to this charge.

Furthermore, the bill amends Section 16-1-10 to categorize fentanyl-induced homicide as a felony offense. It includes provisions that allow for concurrent charges related to other drug offenses, such as assisted suicide, while ensuring that individuals acting in compliance with existing drug laws are not charged under this new section unless they knowingly provided fentanyl. The act will take effect upon approval by the Governor, and it includes a clause ensuring that any pending actions or rights under the previous laws remain unaffected by this amendment.

Statutes affected:
12/12/2024: 16-3-80, 16-1-10
Latest Version: 16-3-80, 16-1-10