January 28, 2025
Mr. Issa (for himself, Mr. Kiley of California, and Mr. Obernolte) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To authorize the court to make an advisory statement under certain circumstances, and for other purposes.
Section 1. Short title
This Act may be cited as the Alexandra’s Law Act of 2025
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Sec. 2. Controlled substances advisory statement
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following:
(i) Advisory statement
(1) Conviction
Any person who is convicted of, or enters a plea of guilty or no contest, to an offense under this section with respect to which death occurred, may be charged with homicide.
(2) Court advising
A court shall advise any person who is convicted of, or enters a plea of guilty or no contest to, an offense under this section involving N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or an analogue thereof, exchanged for anything of value, with respect to which death occurred, of the following:
You are hereby advised that all illicit drugs and counterfeit pills are dangerous to human life and become even deadlier when they are, sometimes unknowingly, mixed with substances such as fentanyl and analogues of fentanyl. People can and have died from these substances, even in very small doses. It is extremely dangerous and deadly to human life to sell or administer drugs, in any form, when not lawfully authorized to do so. If you do so in the future and a person dies as a result of that action, and you knew or should have known that the substance you provided contained fentanyl or a fentanyl analogue, you may be charged with an offense under section 1111 or 1112 of title 18, United States Code. This conviction will be considered by a judge or jury as to whether you knew or should have known that the substance you provided to the decedent contained fentanyl.
(3) Evidence
(A) In general
Except as provided in paragraph (4), in the case of a defendant who is charged with an offense under section 1111 of 1112 of title 18, United States Code, with respect to a death involving N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or an analogue thereof, exchanged for anything of value, a previous conviction for, or a plea of guilty or no contest to, an offense under this section involving N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or an analogue thereof, in exchange for anything of value, with respect to which death occurred, may be used as evidence that the defendant had knowledge that the substance provided to the decedent contained N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or an analogue thereof.
(B) Admission of State court acknowledgment
Any sworn statement used in State court that is substantially similar to the statement in paragraph (2) shall be admissible in a Federal court.
(C) Admission of Federal court acknowledgment
Any sworn statement in paragraph (2) may be admissible in a State court.
(4) Exception
Paragraph (3) shall not apply to the prosecution of an individual who was a minor at the time at which the individual committed the offense.