Texas Senate Bill 645 passed the Senate on Wednesday and now heads to the Texas House for a vote. It would achieve one of Gov. Greg Abbott’s legislative priorities by allowing prosecutors to charge people who make, sell and deliver fentanyl with murder.
Overdose deaths involving fentanyl in the state rose nearly 400%, from 333 people dying in fiscal year 2019 to 1,662 in fiscal year 2021. In Texas, the CDC predicts thatFentanyl overdose deaths in Texas have gained attention as news outlets have covered stories of young teens and adults who die from fentanyl overdoses, sometimes thinking that they were using other drugs like adderall, which is commonly prescribed for people with attention deficit/hyperactivity disorder.
Huffman’s bill would also stiffen penalties for making, delivering or possessing larger quantities of fentanyl. Having between 200 and 400 grams would be a first-degree felony, which could lead to between 10 years and life in prison as well as a fine of up to $100,000. Having more than 400 grams would also be a first-degree felony punishable by at least 15 years in prison and a fine of up to $250,000.
But if approved by lawmakers, charging suspects with murder could still be a difficult outcome for law enforcement officials. Some of the challenges include questions about how prosecutors could prove whether the person selling or distributing the drug knew that they were selling something that included fentanyl. And those who sell or distribute the drug aren’t usually the same people who manufacture the drugs.
“It may be that they find it’s easier to prosecute under the other statute that I passed that would make it a second-degree felony,” she said. “But there may be extraordinary cases where it’s clear cut and the prosecutor then could have this tool to file for first-degree felony.” Huffman made an exception in the law for medical professionals who prescribe fentanyl as treatment. She also changed the law so that death certificates do not classify as “fentanyl poisonings” deaths in which fentanyl is detected in the body but there is another clear cause of death.
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