Criminal Law - Distribution of Heroin or Fentanyl Causing Death or Serious Bodily Injury (Victoria, Scottie, Ashleigh, and Yader's Law)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0906*

SENATE BILL 906
E1 6lr3366
CF 6lr2815
By: Senators James and Ready
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Distribution of Heroin or Fentanyl Causing Death or Serious 2
Bodily Injury 3
(Victoria, Scottie, Ashleigh, and Yader’s Law) 4

FOR the purpose of prohibiting an individual from distributing heroin or fentanyl or a 5
chemical analogue of heroin or fentanyl, the use of which results in the death of or 6
serious bodily injury to another; and generally relating to the distribution of 7
controlled dangerous substances. 8

BY adding to 9
Article – Criminal Law 10
Section 5–602.1 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Criminal Procedure 15
Section 4–201(j) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Criminal Law 21

5–602.1. 22

(A) IN THIS SECTION, “DISTRIBUTE” DOES NOT INCLUDE THE SHARING OF 23
HEROIN OR FENTANYL O R A CHEMICAL ANALOGU E OF HEROIN OR FENTA NYL 24
2 SENATE BILL 906

WITHOUT REMUNERATION. 1

(B) (1) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S 2
CONVICTED OF A VIOLATION OF § 5–602 OR § 5–603 OF THIS SUBTITLE FOR AN ACT 3
THAT RESULTED IN THE DEATH OR SERIOUS BODILY INJURY TO THE VICTIM. 4

(2) THIS SECTION APPLIES REGARDLESS OF WHETHER: 5

(I) THE DEATH OR SERIOUS BODILY INJUR Y TO ANOTHER 6
OCCURRED AS A RESULT OF USING HEROIN OR F ENTANYL OR A CHEMICA L 7
ANALOGUE OF HEROIN O R FENTANYL BY ITSELF OR COMBINED WITH ANY 8
COMPOUND, MIXTURE, DILUENT, OR OTHER SUBSTANCE; 9

(II) THE HEROIN OR FENTAN YL OR THE CHEMICAL A NALOGUE 10
OF HEROIN OR FENTANYL IS MIXED OR COMBINED WITH ANY COMPOUND, MIXTURE, 11
DILUENT, OR OTHER SUBSTANCE AFTER THE VIOLATION OF SUBSECTION (C) OF THIS 12
SECTION OCCURS; OR 13

(III) THE DISTRIBUTION OF HEROIN OR FENTANYL O R THE 14
CHEMICAL ANALOGUE OF HEROIN OR FENTANYL IS MADE DIRECTLY TO THE PERSON 15
WHO DIES OR SUFFERS SERIOUS BODILY INJURY. 16

(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 17
DISTRIBUTE HEROIN OR FENTANYL OR A CHEMIC AL ANALOGUE OF HEROI N OR 18
FENTANYL WITHOUT THE LAWFUL AUTHORITY TO DO SO , THE USE OF WHICH 19
RESULTS IN THE DEATH OF OR SERIOUS BODILY INJURY TO ANOTHER. 20

(D) IF POSSESSION OF HERO IN OR FENTANYL OR A CHEMICAL ANALOGUE 21
OF HEROIN OR FENTANY L IS TRANSFERRED MOR E THAN ONCE BEFORE T HE 22
OCCURRENCE OF THE DE ATH OR SERIOUS BODI LY INJURY , EACH PERSON WHO 23
DISTRIBUTED OR DELIV ERED THE HEROIN , FENTANYL, OR THE CHEMICAL 24
ANALOGUE OF HEROIN O R FENTANYL SHALL BE CONSIDERED TO HAVE V IOLATED 25
THIS SECTION. 26

(E) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND , 27
IN ADDITION TO ANY OTHER PENALTY IMPOSED FOR A VIOLATION OF § 5–602 OR § 28
5–603 OF THIS SUBTITLE , ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT 29
EXCEEDING 20 YEARS. 30

(F) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE CONSECUTIVE 31
TO AND NOT CONCURRENT WITH ANOTHER SENTENCE IMPOSED UNDER ANY OTHER 32
PROVISION OF LAW. 33

SENATE BILL 906 3

Article – Criminal Procedure 1

4–201. 2

(J) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A PROSECUTION 3
OF A PERSON FOR A VIOLATION OF § 5–602.1 OF THE CRIMINAL LAW ARTICLE MAY 4
BE BROUGHT IN: 5

(1) THE COUNTY IN WHICH THE VIOLATION OCCURRED; OR 6

(2) THE COUNTY IN WHICH THE DEATH OR SERIOUS BODILY INJURY 7
OCCURRED. 8

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10