Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          H.767
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                                       H.767
 Introduced by Representatives Goslant of Northfield, Oliver of Sheldon,
                Arrison of Weathersfield, Bartley of Fairfax, Beck of St.
                Johnsbury, Branagan of Georgia, Brennan of Colchester,
                Clifford of Rutland City, Demar of Enosburgh, Graham of
                Williamstown, Gregoire of Fairfield, Hango of Berkshire,
                Harrison of Chittenden, Maguire of Rutland City, McFaun of
                Barre Town, Morgan of Milton, Morrissey of Bennington,
                Parsons of Newbury, Peterson of Clarendon, Shaw of Pittsford,
                Smith of Derby, Taylor of Milton, Toof of St. Albans Town,
                and Walker of Swanton
 Referred to Committee on
 Date:
 Subject: Regulated drugs; fentanyl; use of a minor in drug crimes; second and
          subsequent offenses; selling or dispensing a regulated drug with death
          resulting
 Statement of purpose of bill as introduced: This bill proposes to amend the
 definition of knowingly for purposes of liability in drug offenses; increase
 penalties for drug crimes involving use of a minor; increase penalties for
 second and subsequent offenses for trafficking; in a prosecution for dispensing
 or selling a regulated drug with death resulting, prohibit using the fact that a VT LEG #373078 v.1
     BILL AS INTRODUCED                                                         H.767
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 substance contained more than one regulated drug from being a defense if the
 proximate cause of death is the use of the dispensed or sold substance
 containing more than one regulated drug; and require that the mandatory
 minimum sentences for subsequent trafficking offenses and dispensing or sale
 of a regulated drug with death resulting be served unless the court makes
 written findings on the record that such an alternative sentence will serve the
 interests of justice.
    An act relating to increasing penalties for drug-related offenses
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 18 V.S.A. § 4201 is amended to read:
 § 4201. DEFINITIONS
                                       ***
       (48) “Fentanyl” means fentanyl or any compound, mixture, or
 preparation including salts, isomers, or salts of isomers containing fentanyl or
 fentanyl-related substances as defined by rule in accordance with this chapter.
       (49) “Knowingly” means actual knowledge that one or more
 preparations, compounds, mixtures, or substances contains the regulated drug
 identified in the applicable section of this chapter, or consciously ignoring a
 substantial risk that one or more preparations, compounds, mixtures, or VT LEG #373078 v.1
     BILL AS INTRODUCED                                                        H.767
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 substances contains the regulated drug identified in the applicable section of
 this chapter.
 Sec. 2. 18 V.S.A. § 4237 is amended to read:
 § 4237. SELLING OR DISPENSING TO MINORS; SELLING ON SCHOOL
          GROUNDS; USE OF MINOR TO VIOLATE THIS CHAPTER
    (a) Dispensing regulated drugs to minors. A person knowingly and
 unlawfully dispensing any regulated drug to a minor who is at least three years
 that person’s junior shall be sentenced to a term of imprisonment of not more
 than five years.
    (b) Sale of regulated drugs. A person knowingly and unlawfully selling
 any regulated drug to a minor shall, in addition to any other penalty, be
 sentenced to a term of imprisonment of not more than 10 years.
    (c) Selling on school grounds. No person shall knowingly and unlawfully:
       (1) dispense or sell a regulated drug to any person on a school bus or on
 real property owned by a public or private elementary, secondary, or
 vocational school;
       (2) sell a regulated drug to any person on real property abutting real
 property owned by a public or private elementary, secondary, or vocational
 school; or
       (3) dispense a regulated drug to any person in public view on real
 property abutting real property owned by a school.
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     BILL AS INTRODUCED                                                            H.767
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    (d) Use of minors.
       (1) A person shall not knowingly employ, hire, use, persuade, induce,
 entice, or coerce a minor to violate any provision of this chapter.
       (2) A person shall not knowingly employ, hire, use, persuade, induce,
 entice, or coerce a minor to assist in avoiding detection or apprehension for
 any offense of this chapter.
    (e) Abutting school property. The selling or dispensing of a regulated drug
 to a person on property abutting school property is a violation under this
 section only if it occurs within 500 feet of the school property. Property shall
 be considered abutting school property if:
       (1) it shares a boundary with school property; or
       (2) it is adjacent to school property and is separated only by a river,
 stream, or public highway.
    (e)(f) Penalty.
       (1) A person who violates subsection (c) of this section shall, in addition
 to any other penalty, be sentenced to a term of imprisonment of not more than
 10 years.
       (2) A person who violates subdivision (d)(1) or (2) of this section:
          (A) For a first offense, shall be subject to twice the maximum
 punishment otherwise authorized by law. Except to the extent a greater VT LEG #373078 v.1
     BILL AS INTRODUCED                                                        H.767
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 minimum sentence is otherwise provided, a term of imprisonment under this
 subsection (f) shall not be less than one year.
          (B) For a second offense, shall be subject to three times the
 maximum punishment otherwise authorized by law. Except to the extent a
 greater minimum sentence is otherwise provided, a term of imprisonment
 under this subsection (f) shall not be less than one year.
    (f)(g) Definitions. As used in this section:
       (1) “Minor” means a person under the age of 18 19 years of age.
       (2) “Owned by a school” means owned, leased, controlled, or
 subcontracted by a school and used frequently by students for educational or
 recreational activities.
 Sec. 3. 18 V.S.A. § 4238 is amended to read:
 § 4238. SECOND AND SUBSEQUENT OFFENSES
    (a) Penalty. A Except as provided in subsection (b) of this section, a
 person convicted of a second or subsequent offense of violating section 4228,
 4230, 4231, 4232, 4233, 4234, 4235, 4236, or 4237 of this title, except a
 violation of subdivision 4230(a)(1), or a comparable offense in another
 jurisdiction of the United States, shall be subject to a term of imprisonment or
 fined up to twice that authorized by those sections, or both.
    (b) Trafficking.
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     BILL AS INTRODUCED                                                         H.767
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       (1) A person convicted of a second or subsequent offense for trafficking
 a regulated drug in violation of subsection 4230(c), 4231(c), 4233(c),
 4233a(b), or 4234a(c) of this title, or a comparable offense in another
 jurisdiction of the United States, shall be imprisoned not less than three years
 and not more than 30 years or fined not more than $2,000,000.00, or both.
       (2) Except as provided in subdivision (3) of this subsection, the three-
 year minimum term of imprisonment required by this section shall be served
 and shall not be suspended, deferred, or served as a supervised sentence. The
 defendant shall not be eligible for probation, parole, furlough, or any other type
 of early release until the expiration of the three-year term of imprisonment.
       (3) Notwithstanding subdivision (2) of this subsection, the court may
 impose a sentence that does not include a term of imprisonment or that
 includes a term of imprisonment of less than three years if the court makes
 written findings on the record that such a sentence will serve the interests of
 justice.
 Sec. 4. 18 V.S.A. § 4250 is amended to read:
 § 4250. SELLING OR DISPENSING A REGULATED DRUG WITH
            DEATH RESULTING
    (a) If the death of a person results from the selling or dispensing of a
 regulated drug to the person in violation of this chapter, the person convicted VT LEG #373078 v.1
     BILL AS INTRODUCED                                                         H.767
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 of the violation shall be imprisoned not less than two years nor more than 20
 years.
    (b) This section shall apply only if the person’s use of the regulated drug is
 the proximate cause of his or her the person’s death. The fact that a dispensed
 or sold substance contains more than one regulated drug shall not be a defense
 under this section if the proximate cause of death is the use of the dispensed or
 sold substance containing more than one regulated drug. There shall be a
 permissive inference that the proximate cause of death is the person’s use of
 the regulated drug if the regulated drug contains fentanyl.
    (c)(1) Except as provided in subdivision (2) of this subsection, the two-year
 minimum term of imprisonment required by this section shall be served and
 shall not be suspended, deferred, or served as a supervised sentence. The
 defendant shall not be eligible for probation, parole, furlough, or any other type
 of early release until the expiration of the two-year term of imprisonment.
          (2) Notwithstanding subdivision (1) of this subsection, the court may
 impose a sentence that does not include a term of imprisonment or that
 includes a term of imprisonment of less than two years if the court makes
 written findings on the record that the sentence will serve the interests of
 justice.
 Sec. 5. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
                                                                        VT LEG #373078 v.1
Statutes affected: 
As Introduced: 18-4201, 18-4237, 18-4238, 18-4250