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SF0181 • 2023

Drug induced homicide.

AN ACT relating to crimes and offenses; amending the offense of drug-induced homicide as specified; and providing for an effective date.

Children Crime Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Senator Schuler
Last action
2023-03-01
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill did not pass and therefore its exact impact is uncertain.

Drug-Induced Homicide Law

The bill amends the offense of drug-induced homicide to include giving fentanyl, heroin, or methamphetamine to another person resulting in their death and adds mitigating circumstances for those who help during an overdose situation.

What This Bill Does

  • Amends the definition of drug-induced homicide to include delivering fentanyl, heroin, or methamphetamine to another person when it leads to their death.
  • Adds that people who deliver drugs to minors and cause their death can be charged with drug-induced homicide.
  • Specifies that drug-induced homicide is a felony punishable by up to 20 years in prison.
  • Allows for a lighter sentence if someone contacts the police or provides medical aid during an overdose situation.

Who It Names or Affects

  • People who deliver drugs to others and cause their death can be charged under this law.
  • Minors who receive illegal drugs from adults may also be affected by changes in how drug-induced deaths are treated legally.

Terms To Know

Drug-Induced Homicide
A crime where someone gives another person a dangerous drug that leads to their death.
Mitigating Circumstance
Something that can make the punishment for a crime less severe, like helping during an emergency.

Limits and Unknowns

  • The bill did not pass and was not signed into law.
  • It is unclear how many people would be affected by these changes since it didn't become law.
  • Details about enforcement and specific punishments are not provided in the summary text.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0181H3001

3rd reading • Representative Provenza

Withdrawn

Plain English: The amendment removes a specific line from the bill that deals with drug-induced homicide.

  • Removes line 5 on page 1 of the original bill text.
  • It is unclear what content was in line 5 and how its removal will affect the overall meaning or requirements of the bill.
SF0181H3002

3rd reading • Representative Singh

Withdrawn

Plain English: The amendment changes the drug-induced homicide law to specify that knowingly providing drugs containing fentanyl, especially heroin or methamphetamine with fentanyl, can lead to criminal charges.

  • Adds 'knowingly' before certain parts of the law to clarify intent.
  • Modifies references to heroin and methamphetamine by specifying they must contain fentanyl for the law to apply.
  • Changes wording to specify that death must be a direct result from the drugs mentioned.
  • The amendment text does not provide details on how this change will affect existing cases or enforcement procedures.
SF0181H3003

3rd reading • Representative Singh

Withdrawn

Plain English: The amendment adds provisions that provide immunity from prosecution for individuals who report a drug-related overdose by contacting law enforcement or emergency medical services.

  • Adds new subsections (c) and (d) to the existing text, replacing references to 'a new subsection' with 'new subsections'.
  • Inserts language that grants immunity from prosecution under certain conditions related to reporting a drug-related overdose.
  • The exact details of how this immunity will be applied in practice are not fully explained by the amendment text.
  • It is unclear what specific changes are made to subsection (a)(ii) that trigger the immunity provision.
SF0181H3004

3rd reading • Representative Andrew

Corrected, Withdrawn

Plain English: The amendment changes how drug-induced homicide is punished by adding different penalties based on whether the offender knew they were delivering drugs like fentanyl, heroin, or methamphetamine.

  • Adds a new part (ii) to specify that if someone delivers fentanyl, heroin, or methamphetamine without knowing it contains these substances, they can be sentenced to up to ten years in prison and/or fined up to $10,000.
  • Modifies the existing section by adding conditions for when someone knowingly delivered drugs like fentanyl, heroin, or methamphetamine.
  • The exact impact on current sentencing guidelines is not fully explained in the amendment text.
SF0181H3005

3rd reading • Representative Yin

Withdrawn

Plain English: The amendment removes specific drug types from the definition of drug-induced homicide.

  • Removes references to heroin and methamphetamine in the description of drug-induced homicide.
  • The exact impact on how other drugs are treated under this law is not clear without additional context.
SF0181HS001

Standing Committee • House Judiciary Committee

Adopted

Plain English: The amendment changes the wording of a law about drug-induced homicide to give more flexibility in how it is applied.

  • Changes 'shall' to 'may', allowing for more discretion in when certain actions are required or allowed under the law.
  • Removes words after 'aid' on line 10, which likely reduces specific requirements related to providing help.
  • The exact impact of removing text after 'aid' is unclear without knowing what was deleted.
  • It's not clear from the amendment how these changes will affect the overall application of drug-induced homicide laws.
SF0181SW001

Committee of the Whole • Senator Case

Adopted

Plain English: The amendment changes how drug-induced homicide is punished and adds new ways for people convicted of this crime to get a lighter sentence.

  • Adds that drug-induced homicide can be punishable by up to twenty years in prison, unless there are special circumstances.
  • Creates a new part (c) which says that if someone contacts the police or gives medical help when they see another person overdosing on drugs, it could make their punishment less severe.
  • The amendment text does not explain all details about how these changes will be applied in practice.

Bill History

  1. 2023-03-01 House

    H 3rd Reading:Failed 23-38-1-0-0

  2. 2023-02-28 House

    H 2nd Reading:Passed

  3. 2023-02-27 House

    H COW:Passed

  4. 2023-02-22 House

    H Placed on General File

  5. 2023-02-22 House

    H01 - Judiciary:Recommend Amend and Do Pass 8-1-0-0-0

  6. 2023-02-14 House

    H Introduced and Referred to H01 - Judiciary

  7. 2023-02-06 House

    H Received for Introduction

  8. 2023-02-06 Senate

    S 3rd Reading:Passed 26-5-0-0-0

  9. 2023-02-03 Senate

    S 2nd Reading:Passed

  10. 2023-02-02 Senate

    S COW:Passed

  11. 2023-02-01 Senate

    S Placed on General File

  12. 2023-02-01 Senate

    S01 - Judiciary:Recommend Do Pass 4-1-0-0-0

  13. 2023-01-24 Senate

    S Introduced and Referred to S01 - Judiciary

  14. 2023-01-24 Senate

    S Received for Introduction

  15. 2023-01-24 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0392
2023
STATE OF WYOMING
23LSO-0392
ENGROSSED
3.0

SENATE FILE NO. SF0181

Drug induced homicide.

Sponsored by: Senator(s) Schuler, Baldwin and Hutchings and Representative(s) Berger

A BILL

for

AN ACT relating to crimes and offenses; amending the offense of drug-induced homicide as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
2
‑
108(a)(i), by amending and renumbering (ii) as (B), by creating a new paragraph (ii), (b) and by creating a new subsection (c) is amended to read:

6
‑
2
‑
108.

Drug induced homicide; penalty.

(a)

A person is guilty of drug induced homicide if:

(i)

He
:

(A)

I
s an adult or is at least four (4) years older than the victim; and

(ii)
(B)

He
V
iolates W.S. 35
‑
7
‑
1031(a)(i) or (ii) or (b)(i) or (ii) by unlawfully delivering a controlled substance to a minor and that minor dies as a result of the injection, inhalation, ingestion or administration by any other means of any amount of that controlled substance.

(ii)

He violates W.S. 35
‑
7
‑
1031(a)(i) by unlawfully delivering fentanyl, heroin or methamphetamine

to another person and that person dies as a result of the injection, inhalation, ingestion or administration by any other means of any amount of the fentanyl, heroin or methamphetamine.

(b)

Except as provided in W.S. 6
‑
2
‑
109
and subject to subsection (c) of this section
, drug induced homicide is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years.

(c)

It shall be a mitigating circumstance at sentencing for any person convicted under this section if the person:

(i)

Contacted law enforcement or emergency medical services to report the need for medical assistance for the victim as a result of a drug
‑
related overdose; or

(ii)

Provided first aid or other medical assistance to the victim if the victim experienced a drug
‑
related overdose.

Section 2
.

This act is effective July 1, 2023
.

(END)

1
SF0181