Establishing the criminal offenses of possession of lethal narcotics and reckless homicide by lethal narcotic transfer, and providing penalties

The court shall order a substance use disorder evaluation as a condition of the sentence or supervision and may require the active participation by such person in a drug treatment, rehabilitation, or education program approved by the court. For a second offense, the person is guilty of a class “C” felony, and no such judgment, sentence, or part thereof may be deferred or suspended. For a third or subsequent offense, the person is guilty of a class “B” felony, and no such judgment, sentence, or part thereof may be deferred or suspended. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than years. The bill provides that a person in the immediate possession or control of a firearm while participating in a violation of this division of the bill shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.1, while participating in a violation of the bill, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended. DIVISION II. The bill provides that a person commits reckless homicide by lethal narcotic transfer when the person knowingly transfers a controlled substance that contains a lethal narcotic that is a proximate cause of the death of another person by the injection, inhalation, absorption, or ingestion of the lethal narcotic. It is not a defense that the other person voluntarily ingested the substance, contributed to the death, or consented to the administration of the lethal narcotic. A person committing reckless homicide by lethal narcotic transfer is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.