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
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).