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SB 604

Relating to: teacher and administrator licensure in parental choice programs and in the Special Needs Scholarship Program and granting rule-making authority. (FE)

2025-2026 Regular Session Introduced by Tim Carpenter and 7 co-sponsors

New felony for distributing heroin, fentanyl, or analogues when that distribution causes death or serious bodily injury; up to 20 years, consecutive to other sentences.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · SB 604

SB 604 — Criminal Law: Distribution of Heroin or Fentanyl Causing Serious Bodily Injury or Death

(Victoria, Scottie, Ashleigh, and Yader’s Law)

Purpose and intent

To create a new felony offense when the unlawful distribution of heroin, fentanyl, or a chemical analogue of those drugs results in another person’s death or serious bodily injury. The bill is intended to hold distributors criminally accountable in cases where the substance they supply causes grave harm.

Key provisions

  • Creates a new statutory offense (proposed Criminal Law § 5‑602.1):
    • Prohibits distributing heroin, fentanyl, or a chemical analogue of either without lawful authority when the use of that substance results in death or serious bodily injury.
    • “Distribute” expressly does not include sharing without remuneration or exchange of goods/services.
    • The prohibition applies regardless of:
    • Whether the drug was used alone or combined with other substances;
    • Whether the substance was mixed after distribution; or
    • Whether the distribution was direct to the eventual victim.
    • If the controlled substance is transferred multiple times before the harm occurs, each distributor in the chain may be treated as having violated the new offense.
  • Penalties:
    • Violation is a felony punishable by imprisonment up to 20 years.
    • Any sentence under this section must run consecutive to (not concurrent with) any other sentence imposed under other law.
  • Good‑Samaritan/medical‑assistance immunity:
    • A person who, in good faith, seeks or provides medical assistance to someone experiencing a medical emergency after using heroin/fentanyl (or analogue) is immune from prosecution under this section if the evidence for the prosecution was obtained solely because of the provision or seeking of that medical assistance.
  • Venue (proposed Criminal Procedure § 4‑201(j)):
    • Prosecution may be brought either in the county where the distribution occurred or in the county where the death or serious bodily injury occurred.
  • Effective date specified: October 1, 2025 (as provided in the bill text).

Who is affected

  • Individuals who distribute (sell or otherwise transfer for remuneration) heroin, fentanyl, or their analogues that result in death or serious bodily injury — they face a new, enhanced felony exposure.
  • Criminal justice actors: prosecutors, defense counsel (including the Office of the Public Defender), courts, law enforcement, and correctional agencies.
  • Members of the public who call for or provide emergency medical aid are protected by the immunity clause.

Fiscal and operational impact

  • Department of Legislative Services (fiscal note) estimates:
    • Potentially significant increases in cumulative general fund expenditures for the Department of Public Safety and Correctional Services (prison costs) in the out‑years.
    • Possible increased general fund expenditures for the Office of the Public Defender (additional defense workload).
    • Revenues not materially affected; local finances are not expected to be materially affected.
  • No small‑business impact identified.

Procedural status (selected)

  • Introduced/read first time (Judicial Proceedings): Jan. 23, 2025.
  • Hearing scheduled: Feb. 12, 2025 at 1:00 p.m. (Judicial Proceedings committee).
  • Bill title: “Victoria, Scottie, Ashleigh, and Yader’s Law.”
  • Sponsors (as filed): Senators Waldstreicher and Ready.

If you want, I can:
- Extract the exact bill text sections proposed for insertion into the Code;
- Compare this bill to existing Maryland offenses for distribution and fentanyl‑related enhancements; or
- Draft a one‑page briefing tailored for a legislative committee (including likely questions and answers).

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

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