LD 944, Page 3 - 121th Legislature, FIRST REGULAR Session

illegal drugs, that are capable of causing death or serious

bodily injury, such as poisons or chemical agents. The changes

add such situations to the existing list of aggravating

circumstances that already provide for increased penalties, such

as furnishing or trafficking within 1,000 feet of a school or to

a child under 18 years of age. The death or serious bodily

injury need not be reasonably foreseeable by the defendant; it

is sufficient if the death would not have happened but for the

use of the drug, either alone or concurrently with another

cause, unless the concurrent cause was clearly sufficient to

produce the result, and the conduct of the defendant was clearly

insufficient.

This bill makes it a Class A crime with the possibility of a
4-year mandatory minimum sentence when death occurs from the
trafficking of a schedule W drug. The bill also makes it a
Class B crime with the possibility of a 2-year mandatory
minimum sentence when death occurs from the furnishing of a
schedule W drug, when serious bodily injury occurs from
trafficking a schedule W drug or when death or serious bodily
injury occurs from the trafficking or furnishing of a
counterfeit scheduled drug. A Class C crime results from
furnishing a schedule W drug when serious bodily injury
occurs. Lower mandatory minimum sentences apply to certain
first-time offenders.

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