Iowa lawmakers want murder charges for fentanyl deaths. Bill could include unknowing teens
A bill advancing through the Iowa Legislature would create first-degree murder charges aimed at dealers who sell fentanyl, but concerns linger that the legislation could result in lifelong imprisonment for teenagers and others whom unknowingly share drugs laced with the substance.
House File 2576 passed the chamber earlier this week and is now moving through the Senate. It would create make unlawfully delivering, dispensing or otherwise providing "fentanyl or a fentanyl-related substance to another person," which results in that person's death, first-degree murder.
The legislation aims to crack down on the circulation of the drug that has led to an increase in U.S. overdose deaths. It comes a year after Iowa imposed stronger sentences for manufacturing, delivering or possessing fentanyl, and ramped up prison sentences resulting from death by the drug.
"There's no fear, there's no fear of any consequences," said Rep. Ann Meyer, R-Fort Dodge, referring to dealers selling fentanyl.
"This is an extreme punishment because we have an extreme problem in Iowa."
Meyer's bill received wide bipartisan support, passing the House 86-12.
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Democrats who opposed the measure said it was written broadly enough that charges could be brought against those who distribute fentanyl unknowingly — like a high school student who shares another type of drug they bought with a friend.
Rep. Rick Olson, D-Des Moines, called it a "dragnet" measure that "will catch people that aren't criminal."
An attempt by Rep. Megan Srinivas, D-Des Moines, to amend the bill to apply only to those who "knowingly" provide fentanyl was shot down by Republicans. Meyer warned that it would dilute the purpose of the bill, with intent often being difficult to prove.
Sen. Jeff Taylor, R-Sioux Center, who led the subcommittee Thursday considering the bill, noted that failed amendment in the House and adding that "we're not the first to think about that potential problem."
"Do we want to charge that person with first-degree murder?" Taylor said. "Is the charge going to fit the crime there?"
The bill advanced to consideration by a full committee in the Senate, with recommendations for further changes by Taylor. It remains to be seen what those changes could entail.
Galen Bacharier covers politics for the Register. Reach him at [email protected] or (573) 219-7440, and follow him on Twitter @galenbacharier.
This article originally appeared on Des Moines Register: Iowa legislature: Bill would create murder charges for fentanyl deaths