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H 3391

Aggravated involuntary manslaughter by controlled substance

2025-2026 Regular Session Introduced by Melissa Oremus

Massachusetts bill lets government bodies dispose of surplus tangible supplies with resale or salvage value via written procedures, speeding disposal while preserving resale value.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3391

Below is a concise, objective summary of the materials you provided. The file appears to contain two distinct draft measures from different jurisdictions. I summarize each separately and then note procedural details and potential impacts.

Summary — Important note

The provided House Docket No. 3409 / House No. 3391 material includes two different measures:
1. A Massachusetts bill titled "An Act relative to government surplus supply" (House No. 3391, sponsors Rep. Thomas W. Moakley and Rep. Dylan A. Fernandes) amending Mass. General Laws Chapter 30B (Uniform Procurement Act).
2. A South Carolina draft statute (text dated 12/05/2024) creating the offense of "aggravated involuntary manslaughter" by controlled substance (proposed S.C. Code § 16-3-65).

If you need a summary focused on one jurisdiction only, please tell me which and I will provide a single-jurisdiction summary.

1) Massachusetts: “An Act relative to government surplus supply” (House No. 3391)

  • Purpose/Intent: To allow governmental bodies greater flexibility to dispose of tangible supplies that are no longer useful but have resale or salvage value, outside the standard procurement/disposal procedures in Chapter 30B, when done under written, approved procedures.
  • Key provision:
    • Adds subsection (h) to G.L. c.30B §15(a): a governmental body may, unless otherwise prohibited by law, dispose of tangible supplies with resale/salvage value using written procedures approved by the governmental body. The written procedures must clearly identify the tangible supply and the interest served by the disposal method.
  • Who is affected:
    • State and local governmental bodies in Massachusetts and parties dealing with government surplus property (resellers, salvage buyers).
  • Impact:
    • Gives agencies more administrative discretion to set internal written disposal procedures for surplus items, potentially speeding disposal and capturing resale value while requiring written justification/identification.
  • Procedural/timeline:
    • Filed 1/17/2025 per docket; referred to State Administration and Regulatory Oversight (per materials).

2) South Carolina: Proposed new offense “Aggravated involuntary manslaughter” (proposed S.C. Code § 16-3-65)

  • Purpose/Intent: To create a distinct felony offense for causing the death of another person, without intent to kill, through the manufacturing, delivering, distributing, or selling of a controlled, counterfeit, or imitation controlled substance.
  • Key provisions:
    • Offense definition: Death caused (without intent) by manufacturing/delivering/distributing/selling a controlled/counterfeit/imitation controlled substance (terms defined in S.C. Code § 44-53-110).
    • Penalty: Felony with mandatory minimum imprisonment of not less than 10 years (no suspension, no probation) and up to 30 years.
    • Merger: The offense is separate and does not merge with other offenses.
    • Exemptions: Does not apply to conduct lawfully authorized under Chapter 53, Title 44 (i.e., lawful medical/regulated activities).
    • Knowledge: It is not a defense that the defendant lacked knowledge of the chemical identity of the substance; the State need not prove the defendant knew the chemical identity.
    • Effective date / savings clause: Act takes effect upon Governor approval; repeal/amendment clauses preserve pending actions and liabilities as of effective date.
  • Who is affected:
    • Individuals who manufacture, distribute, sell, or deliver illegal or counterfeit controlled substances in South Carolina; prosecutors and defense counsel; public-health and harm-reduction stakeholders may experience downstream effects.
  • Impact and legal implications:
    • Introduces a mandatory long minimum sentence for drug-related deaths even without proof of intent to kill.
    • Shifts evidentiary burden regarding knowledge of chemical identity — the statute expressly removes lack-of-knowledge as a defense.
    • Could increase prosecutions and longer sentences for sellers/distributors implicated in overdose deaths; may raise constitutional or procedural legal questions (e.g., causation, due process, mens rea) in litigation.
  • Procedural/timeline:
    • Draft text dated 12/05/2024; includes standard enactment and savings language; would take effect on gubernatorial approval.

Procedural status & notes from docket info you provided

  • Mixed timeline entries appear in the materials (prefiled 12/05/2024; introduced/read first time 01/14/2025; referred to committee on 02/27/2025; hearing scheduled 07/15/2025). These docket actions seem to reflect the Massachusetts filing but some entries (e.g., Senate concurred) may be inconsistent with a single-jurisdiction filing. Confirm which jurisdiction and bill text you intend to track.

If you want, I can:
- Produce a single-jurisdiction, citation-ready summary for legislative tracking,
- Draft bill text comparison vs. current law (Massachusetts Chapter 30B or South Carolina criminal statutes), or
- Identify likely legal or policy questions each bill would raise for stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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