Vote Smart's Synopsis:

Vote to pass a bill that increases the penalties for individuals convicted of certain drug crimes.

Highlights:

• Specifies that a death resulting from an overdose of a Schedule 1 substance is a foreseeable result of the consumption or use of that substance (Sec. 9).

• Prohibits a defendant from claiming the following defense for a death resulting from an overdose of a Schedule I controlled substance (Sec. 15):
• The decedent contributed to his or her own death by the intentional, knowing, wanton, or “reckless” injection or ingestion of the substance;
• The decedent contributed to his or her own death by consenting to the administration of the substance by another individual; and
• The defendant had no direct knowledge of or contact with the ultimate decedent.

• Prohibits an offender who has been convicted of a homicide where the victim of the offense died because of an overdose of a Schedule I controlled substance from being released until he or she has served at least 50 percent of the sentence (Sec. 14).

• Prohibits the following individuals from being released from their imposed sentences until he or she serves at least 50 percent of the sentence (Secs. 10 & 14): 
• An offender who has been convicted of a homicide where the victim of the offense died because of an overdose of a Schedule I controlled substance; and
• A defendant who is charged with drug trafficking and in possession of at least 4 grams of a detectable amount of heroin or methamphetamine. 

• Authorizes a local health department to operate a substance abuse program that allows participants to exchange hypodermic needles and syringes (Sec. 13). 

• Prohibits items exchanged through a hypodermic needle exchange program from being considered as drug paraphernalia (Sec. 13).

• Requires the Department of Medicaid Services to provide substance abuse programs with a broad array of treatment options for individuals with heroin and other opiate abuse disorders (Sec. 5).

Full Bill Text