Creating the offense of exposing persons to fentanyl

2025 Regular Session Introduced by David Kelly

HB 2365 imposes severe penalties for exposing public safety officials to opioids, enhancing protections for first responders against the dangers of fentanyl.

To House Judiciary

#crime

Bill Overview

Bill Number: HB 2365
Introduced: February 13, 2025
Status: To House Judiciary
Subject: Crime

House Bill 2365 aims to establish new criminal offenses related to the exposure of certain public safety personnel to opioids, including fentanyl. The bill seeks to enhance protections for law enforcement and emergency responders by imposing severe penalties for actions that lead to their exposure to these dangerous substances.

Main Purpose and Intent

The primary intent of HB 2365 is to create legal consequences for individuals who expose designated public safety officials to opioids, particularly in the context of their official duties. This legislation is a response to the increasing dangers posed by opioids, especially fentanyl, which can have lethal effects even in small quantities.

Key Provisions

The bill introduces a new section to the Code of West Virginia, specifically §61-5-17b, which includes the following provisions:

Criminal Offenses:

Causing Death: A person who causes the death of a designated public safety official due to opioid exposure while committing certain drug-related offenses will be guilty of a felony, punishable by 15 years to life in prison.
Causing Bodily Injury: A person who causes bodily injury to a designated public safety official through opioid exposure will also be guilty of a felony, with penalties ranging from 3 to 15 years in prison.

Definitions:

Bodily Injury: Defined as substantial physical pain, illness, or impairment, including symptoms of an opioid overdose requiring immediate medical intervention.
Death: Refers to the death of a designated official occurring within one year as a result of a bodily injury caused by opioid exposure.
Exposure: Includes skin contact, inhalation, ingestion, or needlestick injuries, with proof of exposure requiring a confirmed positive test for opioids.

Affected Personnel:

The bill specifically protects law enforcement officers, probation officers, parole officers, courthouse security officers, correctional officers, the State Fire Marshal, deputy or assistant fire marshals, firefighters, and emergency medical service personnel.

Impact

If enacted, HB 2365 would significantly increase the legal repercussions for individuals who expose public safety officials to opioids, thereby aiming to deter such actions and enhance the safety of those serving in critical roles. The bill underscores the seriousness of the opioid crisis and its impact on first responders.

Procedural Aspects

The bill was filed for introduction and referred to the House Judiciary Committee on the same day, February 13, 2025. Further legislative actions will determine its progression through the legislative process.

This summary provides a clear understanding of HB 2365, its objectives, and the implications for public safety personnel in West Virginia.

Bill