Impact Assessment for SB7
Sponsored by Senator King
Subtitle TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE.
Impact Summary 1 Minimal. While the proposed bill creates a new criminal offense for which the likely
number of occurrences is unknown, the statutory elements limit the number individuals who could potentially
commit the newly created offense.
Change from Current Law 2 Amends Title 5 of the Arkansas Code Annotated to create a new criminal offense.
Under the proposed bill, a person commits the offense of prescription drug harm or homicide if: (1) the person
is an executive officer for a pharmaceutical company and is eighteen (18) years of age or older, (2) the person
introduces into the market a prescription drug produced by the pharmaceutical company, (3) the person
knowingly hides, conceals, omits, or otherwise withholds evidence, documentation, or information that the
prescription drug has dangerous effects, (4) another person is prescribed the prescription drug and uses the drug
in Arkansas, and (5) the use of the prescription drug causes the death of or serious physical injury to the other
person.
Under the proposed bill, prescription drug harm or homicide is an unclassified felony with a sentence of
imprisonment of not less than one (1) year and not more than life.
Impact Information The proposed bill creates a new criminal offense for which the likely number of
occurrences cannot be determined. However, the bill requires that an individual must be an executive officer
for a pharmaceutical company. Because this represents a small percentage of the population, the proposed bill
is projected to have a minimal impact on correctional resources.
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1 This impact assessment was prepared 1/10/2023 11:49 AM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. § 16-
90-802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. A micro-simulation
model may be used for bills which have the potential for significant impact on correctional resources. The following designations will be
used: “minimal” = less than 10 offenders per year will be affected; “medium” = would require budgetary increases for ADC inmate costs;
and “major” = would require budgetary increases for ADC inmate costs and construction costs for additional beds.
2 Standard punishment ranges: Misdemeanors
Class Y 10-40 years or life Class C 3-10 years; up to $10,000 Class A Up to 1 year; up to $2,500
Class A 6-30 years; up to $15,000 Class D 0-6 years; up to $10,000 Class B Up to 90 days; up to $1,000
Class B 5-20 years; up to $15,000 Unclassified As specified in statute Class C Up to 30 days; up to $500