Senate Amendment 3
S 1 - Session 125 (2023-2024)
Drug-induced homicide

Senators Kimbrell and Adams propose the following amendment (SR-1.JG0006S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-3-80 and inserting:

Section 16-3-80.(A) A person who unlawfully and wilfully delivers, dispenses, or otherwise provides fentanyl, a narcotic, or any controlled or noncontrolled substance as defined in Section 44-53-110 that also contains fentanyl, or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, commits the felony offense of fentanyl-induced homicide if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of fentanyl or fentanyl-related substance that was unlawfully delivered, dispensed, or otherwise provided.

(B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.

(C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person.