This bill generally provides that a person who knowingly, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment commits a Class E felony, punishable by a sentence of imprisonment not less than one year nor more than six years and a potential fine not to exceed $3,000. However, if the abused child is eight or less, then the penalty is a Class B felony, punishable by a sentence of imprisonment not less than eight years nor more than 30 years and a potential fine not to exceed $25,000. For purposes of this bill, a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person unlawfully possesses any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in the presence of the child. ON MARCH 17, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 751, AS AMENDED. AMENDMENT #1 adds that a person also engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person unlawfully possesses any amount of a fentanyl derivative or analogue in the presence of the child. ON APRIL 16, 2025, THE SENATE SUBSTITUTED HOUSE BILL 751 FOR SENATE BILL 1415, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 751, AS AMENDED. AMENDMENT #1 revises the provision describing, for purposes of the bill, when a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment to, instead, provide that a person engages in such conduct if the person unlawfully exposes the child to fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue, and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue in the child's body.

Statutes affected:
Introduced: 39-15-401(d)(2), 39-15-401, 39-15-401(d)