Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

Vote to pass a bill that increases the severity in felony charges for drug dealers who sell drugs to individuals that overdose from those drugs.

Highlights:

• Extends the authority of the department of homeland security to deny an applicant’s request for certification or licensure or permanently revoke a certificate or license if the certified or licensed individual is convicted of dealing a controlled substance that results in death (Sec. 1).

• Extends the authority of a board, commission, or committee to revoke or suspend a certificate or license issued by the board, commission, or committee if the certified or licensed individual is convicted of dealing a controlled substance that results in death (Sec. 3).

• Specifies that a vehicle used by an individual to commit, attempt to commit, conspire to commit, facilitate the commission of, or escape from the commission of dealing in a controlled substance that results in death, can be seized (Sec. 1).

• Specifies that any individual using their property to deal a controlled substance which results in death will be charged with either a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (Sec. 1).

• Extends the definition of “offense relating to controlled substances” to include dealing in a controlled substance that results in death (Sec. 217).

• Classifies dealing cocaine, narcotic drugs, methamphetamine, schedule I controlled substances, schedule II controlled substances, and schedule III controlled substances, or manufacturing methamphetamine, which then results in the death of an individual when that individual uses, injects, inhales, absorbs, or ingests the controlled substance, as a Level 1 felony (Sec. 1).

• Classifies the intentional manufacturing or delivery of a controlled substance in violation of IC 35-48-4-3 that then results in the death of an individual when that individual uses, injects, inhales, absorbs, or ingests the controlled substance, as a Level 2 felony (Sec. 1).

• Classifies the intentional manufacturing or delivery of a controlled substance in violation of IC 35-48-4-4 or IC 35-48-4-10.5 that then results in the death of an individual when that individual uses, injects, inhales, absorbs, or ingests the controlled substance, as a Level 3 felony (Sec. 1).

• Extends the definition of “racketeering activity” to include committing, attempting to commit, conspiring to commit a violation of, or aiding and abetting in a violation of dealing in a controlled substance that results in death (Sec. 1).

• Extends the definition of “serious violent felony” to include dealing in a controlled substance that results in death (Sec. 5).

Full Bill Text