[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1502

 To amend title 18, United States Code, to punish the distribution of 
             fentanyl resulting in death as felony murder.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Felony Murder for Deadly Fentanyl 
Distribution Act of 2025''.

SEC. 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).''.
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