Manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; Task Force on Fentanyl and Heroin Enforcement established; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony. The bill also requires the Office of the Chief Medical Examiner to investigate the cause and manner of a death in any case where the attorney for the Commonwealth or the investigating law-enforcement agency has probable cause to believe that the death resulted from such felony homicide. The bill also adds mandatory minimum fines for manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of fentanyl, heroin, or carfentanil based on the weight of such mixtures or substances. Additionally, the bill creates the Task Force on Fentanyl and Heroin Enforcement whose purpose is to study ways to enhance the ability of law-enforcement officers throughout the Commonwealth to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. The bill requires the Task Force to meet at least annually and to report to the Governor and General Assembly by December 1 of each year regarding its activities and any recommendations.
Sponsored bills
Issuance of restricted driver's license for multiple convictions of driving while intoxicated; completion of specialty dockets. Provides that a person whose driver's license has been revoked for multiple convictions of driving while intoxicated may file a petition for the issuance of a restricted driver's license without having to wait for the expiration of three years from the date of his last conviction, regardless of the date of such conviction, when such person's last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket. This bill is identical to HB 1324.
Financial institutions; reporting financial exploitation of elderly or vulnerable adults. Permits a financial institution to allow an elderly or vulnerable adult, as defined in the bill, to submit and periodically update a list of trusted persons whom such financial institution or financial institution staff, as defined in the bill, may contact in the case of the suspected financial exploitation of such adult. The bill also permits a financial institution to conduct a training to instruct its staff on how to identify and report the suspected financial exploitation of an elderly or vulnerable adult internally at such financial institution, to a designated trusted contact, and to various other authorities. The bill directs the Bureau of Financial Institutions of the State Corporation Commission to develop and publish guidelines for such training by January 1, 2026. The bill provides that no financial institution staff that have received such training shall be liable in any civil or administrative proceeding for disclosing the suspected financial exploitation of an elderly or vulnerable adult pursuant to the bill's provisions if such disclosure was made in good faith and with reasonable care. The bill provides that no financial institution that has provided such training shall be liable for any such disclosure by financial institution staff. This bill is identical to HB 692.
Behavioral health technicians; behavioral health technician assistants; qualified mental health professionals; qualified mental health professional-trainees; scope of practice, supervision, and qualifications. Adds behavioral health technicians and behavioral health technician assistants to the professions governed by the Board of Counseling. The bill also establishes qualification, scope of practice, and supervision requirements for qualified mental health professionals and qualified mental health professional-trainees. The bill directs the Board of Counseling to adopt regulations governing the behavioral health technician, behavioral health technician assistant, qualified mental health professional, and qualified mental health professional-trainee professions by November 1, 2024, and for the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services to promulgate regulations that align with the regulations adopted by the Board of Counseling in accordance with the bill.
Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law.The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.
Xylazine; manufacturing; selling; giving; distributing; possessing; veterinary use exemption; penalties. Provides that any person who knowingly manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute the substance xylazine, when intended for human consumption, is guilty of a Class 5 felony. Under the bill, any person who knowingly possesses xylazine, when intended for human consumption, is guilty of a Class 1 misdemeanor. Under the bill, it is not an offense to (i) manufacture xylazine for legitimate veterinary use; (ii) distribute or sell xylazine for authorized veterinary use; (iii) possess, administer, prescribe, or dispense xylazine in good faith for use by animals within the course of legitimate veterinary practice; or (iv) possess or administer xylazine pursuant to a valid prescription from a licensed veterinarian. This bill is identical to HB 1187.
School boards; employment verification; timing. Requires each school board to respond within 10 working days of receiving a request for employment verification of a former employee of the school board when such verification is sought by another school board. The bill defines working day as every day except Saturdays, Sundays, and legal state and federal holidays. This bill is identical to HB 355.
Hate crimes and discrimination; ethnic animosity; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of such individual's ethnic origin and prohibits such discrimination. The bill also adds victims who are intentionally selected because of their ethnic origin to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of ethnic origin. This bill incorporates SB 120 and is identical to HB 18.
Production, publication, sale, financing, etc., of child pornography; penalty. Amends the definition of "child pornography" to include sexually explicit visual material that depicts a minor in a state of nudity or engaged in sexual conduct where such depiction is obscene and specifies that such minor does not have to actually exist.
Military leaves of absence for employees of Commonwealth or political subdivisions; professional firefighters. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a professional firefighter shall receive paid leaves of absence for up to 388 work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year, during which such person is engaged in federally funded military duty, to include training duty, or is called forth by the Governor for military duty. Under current law, employees of the Commonwealth or a political subdivision of the Commonwealth are limited to an eight-hour, 21-workday cap, which equates to seven workdays for such employees working in 24-hour shifts. The 388-work-hour cap would provide leave for a little over 16 workdays for such employees working in 24-hour shifts. This bill is identical to HB 279.