Summary — HB 1552 (Arkansas) — Inchoate fentanyl offenses; classification of attempt/solicitation/conspiracy
Note on sources and status
- The source documents provided are primarily for an Arkansas bill (sponsored by Rep. Gazaway; Sen. Gilmore as Senate co-sponsor/author of amendment) that would change felony classifications for certain fentanyl-related inchoate offenses.
- The metadata in the file is inconsistent about final status: a header says “Died In Committee,” while the legislative-action chronology in the file records floor passage, a Senate amendment, enrollment, and a notification that “HB1552 is now Act 420.” This summary focuses on the bill text and official impact materials included in the file.
Purpose and intent
- To increase the felony classification (to Class Y) for criminal attempt, criminal solicitation, and criminal conspiracy when the underlying or intended offense involves certain fentanyl-related crimes: aggravated death by delivery; predatory marketing of fentanyl to minors; and trafficking of fentanyl.
Key statutory changes (what the bill does)
- Amends Arkansas Code:
- § 5-3-203(1) (criminal attempt): makes an attempt to commit any of the listed fentanyl offenses a Class Y felony when the target offense is (A) aggravated death by delivery (§ 5-10-202), (B) predatory marketing of fentanyl to minors (§ 5-64-421), or (C) trafficking in fentanyl (§ 5-64-440).
- § 5-3-301(b) (criminal solicitation): adds that solicitation of those same three fentanyl offenses is a Class Y felony.
- § 5-3-404 (criminal conspiracy): adds that conspiracy whose object is commission of those same three fentanyl offenses is a Class Y felony.
- The bill text (as engrossed and with Senate Amendment #1) explicitly lists the three fentanyl offenses in each amended provision.
Who would be affected
- Defendants charged with attempt, solicitation, or conspiracy to commit:
- Aggravated death by delivery (§ 5-10-202),
- Predatory marketing of fentanyl to minors (§ 5-64-421),
- Trafficking of fentanyl (§ 5-64-440).
- Prosecutors and courts (charging and sentencing practices) and, if convictions increase in number or severity, the Arkansas Department of Corrections (incarceration resources).
- Victims and communities affected by fentanyl-related harms indirectly, insofar as prosecutorial exposure/risk changes.
Penalty and sentencing implications
- The bill elevates those inchoate offenses to Class Y felonies. Under the standard Arkansas sentencing ranges cited in the impact assessment, a Class Y felony carries 10–40 years or life imprisonment (depending on statutory design/particular offense).
Impact assessment and data (from Arkansas Sentencing Commission / Administrative Office of the Courts)
- Overall impact rated “minimal” in the provided assessment (less than 10 offenders per year likely to be affected).
- Data (Jan 1, 2022 — Dec 31, 2024):
- Aggravated death by delivery (§ 5-10-202): 0 felony convictions.
- Predatory marketing of fentanyl to minors (§ 5-64-421): 0 felony convictions.
- Trafficking in fentanyl (§ 5-64-440(c)(2)): 56 felony convictions.
- The assessment notes only eight offenders are currently serving a sentence for the underlying conduct provisions referenced, making a significant correctional impact unlikely.
Procedural / timeline notes
- Introduced by Rep. Gazaway (filed Dec. 9, 2024). Senate Amendment #1 was offered by Sen. Gilmore (March 2025). The file’s legislative-action log records committee referrals, readings, a Senate amendment, enrollment, and an entry indicating the measure became Act 420 (notification dated 2025-03-25). However, a conflicting “Died In Committee” status appears elsewhere in the file.
Bottom line
- HB 1552 (as drafted in the Arkansas materials provided) would raise the seriousness of attempt, solicitation, and conspiracy when the intended offense involves aggravated death by delivery, predatory marketing of fentanyl to minors, or trafficking in fentanyl — making those inchoate offenses Class Y felonies (10–40 years or life). The state sentencing authority judged the near‑term correctional impact likely minimal based on recent conviction data.
