S. 1502

119 S1502 IS: Felony Murder for Deadly Fentanyl Distribution Act of 2025
 U.S. Senate
 2025-04-29
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II
 119th CONGRESS  1st Session
 S. 1502
 IN THE SENATE OF THE UNITED STATES
 April 29, 2025
  Ms. Ernst  (for herself,  Mr. Budd ,  Mrs. Britt ,  Mr. Cruz ,  Mr. Lankford ,  Mr. Scott of Florida ,  Mrs. Hyde-Smith , and  Mr. Hagerty ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary
 A BILL
To amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder.
1.
Short title
This Act may be cited as the   Felony Murder for Deadly Fentanyl Distribution Act of 2025  .
2.
Fentanyl distribution resulting in death punished as felony murder
Section 1111 of title 18, United States Code, is amended—
(1)
in subsection (a), in the second sentence, by inserting  , distributing fentanyl  after  child abuse ;
(2)
in subsection (b)—
(A)
by striking  (b) Within  and inserting  (b)(1) Within ; and
(B)
by adding at the end the following:
(2)
Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life.
 ; and
(3)
in subsection (c)—
(A)
by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and
(B)
by inserting after paragraph (3) the following:
(4)
the terms  controlled substance  and  distribute  have the meanings given the terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 );
(5)
 distributing fentanyl  means to distribute a controlled substance—
(A)
involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(B)
that results in death from the use of a mixture or substance described in subparagraph (A); and
(C)
knowing or having reason to know that the controlled substance contains a detectable amount of a mixture or substance described in subparagraph (A).
 .