Chapter 105 |
2018 -- H 7715 SUBSTITUTE A AS AMENDED Enacted 06/29/2018 |
A N A C T |
RELATING TO CRIMINAL OFFENSES - HOMICIDE |
Introduced By: Representatives Mattiello, Jacquard, Lima, Serpa, and Corvese |
Date Introduced: February 28, 2018 |
It is enacted by the General Assembly as follows: |
SECTION 1. This act shall be known and may be cited as "Kristen's Law." |
SECTION 2. Section 11-23-6 of the General Laws in Chapter 11-23 entitled "Homicide" |
is hereby amended to read as follows: |
11-23-6. Controlled substance transaction resulting in death of minor. |
Any person convicted of the sale who sells, delivery delivers, or distribution distributes |
of a controlled substance, the sale of which would constitute a felony under chapter 28 of title 21, |
to a minor, or of knowingly provides providing a controlled substance for sale, delivery, or |
distribution to a minor, and death has resulted to the minor because of the ingestion orally, by or |
the injection, or by inhalation of the controlled substance, shall be imprisoned for life. |
SECTION 3. Chapter 11-23 of the General Laws entitled "Homicide" is hereby amended |
by adding thereto the following section: |
11-23-7. Controlled substance delivery resulting in death. |
(a) A person is guilty of a controlled substance delivery resulting in death when, as a |
result of an unlawful delivery of a controlled substance in exchange for anything of value to an |
adult, death results to that adult because of the ingestion orally, or the injection, or inhalation of |
the controlled substance. |
(b) A person is guilty of a controlled substance delivery resulting in death when, as a |
result of an unlawful delivery of a controlled substance to another person who subsequently |
delivers such controlled substance to an adult, death results to that adult because of the ingestion |
orally, or the injection, or inhalation of the controlled substance. |
(c) Those in violation of subsections subsection (a) or (b) of this section, upon |
conviction, shall be imprisoned up to life. |
(d) For the purposes of this section only, any person who, in good faith, without malice |
and in the absence of evidence of an intent to defraud, seeks medical assistance for someone |
experiencing a controlled substance overdose shall not be charged or prosecuted for a violation of |
this section, if the evidence for the charge was gained as a result of the seeking of medical |
assistance. |
(e) The phrase "in exchange for anything of value" does not apply to the act of sharing a |
controlled substance when said the sharing results in the proximate cause of a person's death |
under this section. |
SECTION 4. This act shall take effect upon passage. |
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LC004307/SUB A |
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