TO AMEND THE LAW CONCERNING CERTAIN INCHOATE OFFENSES RELATED TO FENTANYL; AND TO ESTABLISH THE CLASSIFICATION FOR A CRIMINAL ATTEMPT, SOLICITATION, OR CONSPIRACY FOR CERTAIN FENTANYL RELATED OFFENSES.

2025 Regular Session Introduced by Jimmy Gazaway and 1 co-sponsor

House Bill 1552 classifies serious fentanyl-related offenses, including attempts and conspiracies, as Class Y felonies to deter crime and protect vulnerable populations.

Notification that HB1552 is now Act 420

Overview

House Bill 1552, now known as Act 420, was introduced on February 20, 2025, by Representative Gazaway. The bill aims to amend existing laws concerning certain inchoate offenses related to fentanyl and establish new classifications for criminal attempts, solicitations, or conspiracies associated with these offenses.

Purpose and Intent

The primary intent of HB 1552 is to enhance the legal framework surrounding fentanyl-related crimes by classifying certain inchoate offenses as Class Y felonies. This classification aims to address the serious nature of these offenses, which include aggravated death by delivery, predatory marketing of fentanyl to minors, and trafficking of fentanyl.

Key Provisions

Amendment of Arkansas Code: The bill amends Title 5 of the Arkansas Code Annotated (A.C.A.) to classify the following offenses as Class Y felonies:

Aggravated Death by Delivery (A.C.A. § 5-10-202)
Predatory Marketing of Fentanyl to Minors (A.C.A. § 5-64-421)
Trafficking of Fentanyl (A.C.A. § 5-64-440)

Inchoate Offenses: The bill specifies that attempts, solicitations, or conspiracies to commit the above offenses will also be classified as Class Y felonies.

Impact and Affected Parties

Minimal Impact: According to the impact assessment, the changes in felony classification are expected to have a minimal impact on correctional resources. There are currently only eight offenders serving sentences related to the underlying conduct provisions of these offenses.

Conviction Statistics: From January 1, 2022, to December 31, 2024, there were no convictions for aggravated death by delivery or predatory marketing of fentanyl to minors, while there were 56 felony convictions for trafficking in fentanyl.

Procedural Timeline

Legislative Actions:

February 20, 2025: Bill filed and read for the first time.
March 5, 2025: Passed in the House and transmitted to the Senate.
March 12, 2025: Amendment #1 adopted in the Senate.
March 19, 2025: Bill passed as amended and sent to the Governor.
March 25, 2025: Notification that HB 1552 is now Act 420.

Conclusion

HB 1552 represents a legislative effort to strengthen the penalties associated with serious fentanyl-related offenses in Arkansas. By classifying attempts, solicitations, and conspiracies as Class Y felonies, the bill seeks to deter such activities and enhance public safety regarding the distribution and marketing of fentanyl, particularly to vulnerable populations like minors.

Bill