Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of a minor involved the knowing and intentional manufacture, sale, gift, or distribution of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers to such minor and (i) such minor's death results solely as a consequence of his use of such fentanyl and (ii) such fentanyl is the proximate cause of the death of such minor regardless of the time or place death occurred. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of fentanyl occurred, or where death occurred. The bill also provides that if a person gave or distributed fentanyl only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.

Statutes affected:
Introduced: 18.2-33
Courts of Justice Substitute : 18.2-33, 18.2-251.03
Conference Substitute: 18.2-251.03
Courts of Justice Substitute: 18.2-33, 18.2-251.03