An Alabama state representative has re-filed a bill that could have harsher penalties for selling fentanyl.
The bill, House Bill 10, was passed by both chambers last year, but Rep. Chris Pringle, R-Mobile, the bill’s sponsor, said the wrong version was sent to Gov. Kay Ivey.
“It’s not valid,” he said.
The law as passed makes it manslaughter to “knowingly” sell sell, furnish, give away, deliver or distribute a controlled substance that causes the death of another person. The bill filed for next year’s session would required the controlled substance to have fentanyl in it for the manslaughter charge to take effect.
“If you sell or give somebody an illegal drug that contains signal and it causes their death, you can be charged with manslaughter,” Pringle said.
Manslaughter is a Class B felony, punishable by up to 20 years in prison.
(READ MORE: Fentanyl killed their loved ones. Now Hamilton County has a chance to act.)
Pringle said that someone in his personal life had died from a drug laced with fentanyl and the provider could only be charged with drug dealing.
The bill was part of a broader push against fentanyl by the Legislature last year. The Legislature approved a bill sponsored by Rep. Matt Simpson, R-Daphne, that added imprisonment and fines for possession of as little as a gram on fentanyl, while enhancing existing penalties.
The Alabama Department of Public Health said in April that the number of fentanyl-related overdose deaths in the state rose from 121 in 2018 to 428 in 2020. The department also said its preliminary numbers showed 835 fentanyl-related deaths in 2022.
According to the Centers for Disease Control and Prevention, accidental overdose was the leading killer of people under 40 in Alabama in 2022. In 2018, it was vehicle accidents.
Pringle said the bill was amended last year at the request of another senator to include fentanyl and derivatives because they have historically had to change bills because the makeup of illegal drugs has changed.
(READ MORE: Drug related deaths spike in Hamilton County)
Rep. Chris England, D-Tuscaloosa, who has sponsored several criminal justice reform bills, said he had concerns about the legislation potentially affecting those it doesn’t intend. For instance, he said, it could affect two people struggling with addiction who shares drugs.
England, a former prosecutor, also said he was also concerned about the law making people wary of calling the police if someone overdoses, out of fear that they might go to prison.
“We don’t want to create disincentives for people to call to help in the event that’s needed,” he said.
England said there are specifics that could be added to the bill that would make him more supportive and there will be opportunities in the process for those to be added.
“We try to minimize unintended consequences,” he said.
As reported by AL.com, a glitch in the software led to the wrong version of the bill being sent to the governor’s office. Pringle said Friday that was not the first time a bill of his has not gone into effect because of a clerical error.
“It happens,” he said. “We’re all human. People make mistakes.”
The Legislature will return for the 2024 regular session in February.
Read more at AlabamaReflector.com.