RICHMOND, Va. — As the second half of the legislative session picks up speed, two bills in each chamber that deal with the fentanyl overdose crisis are getting a lot of support.
One would stiffen the penalty for an overdose death and the other would require schools to notify parents of any suspected fentanyl overdose within 24 hours.
Del. Josh Thomas' (D-Prince William) House bill, which passed 98 to one, would make the penalty in any such death manslaughter whether it involved a minor or adult, so only criminal negligence would have to be proved.
Sen. Ryan McDougle's (R-Hanover) similar bill, which passed 33 to six, would make the crime a felony homicide in the case of a minor's death.
Thomas says because the crisis affects the entire community and since manslaughter has a lower requirement for conviction, it would provide more benefit to the community.
"When you engage in an act that is criminally negligent in all states' codes, we pretty much qualify that as a form of manslaughter and so I think what it really gets at is what is the intent behind someone who would do something like this? Are they intending actually to kill somebody? Are they engaging in an act that is so grossly negligent that they must be punished for causing that death? And so I think that's what it really gets to," Thomas said.
Both the House and Senate versions of the other fentanyl bill would require school districts to notify parents within 24 hours of a suspected fentanyl overdose on school grounds, which currently only happens when it is confirmed, which could be a months-long process.
The new requirement would kick in if school or police personnel provide the confirmation or if naloxone is administered on school grounds, whichever is sooner.
Both version passed their chambers unanimously.
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