GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 706

Short Title:  Drug-Induced Death/Crim. Liability.	(Public)
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Sponsors: Senators Daniel, Basnight, Rauch, Barker, Kaplan, Plyler, Conder, Soles, Winner, Goldston, Taft, Staton, Murphy, Marvin, Block, Guy, Harris, Speed, Royall, Sherron, Parnell, Ward, Martin of Guilford, Walker, Martin of Pitt; Ezzell, Hunt of Durham, Hunt of Moore, Johnson of Wake, Raynor, Richardson, Sands, and Tally.
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Referred to:  Judiciary I.
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March 30, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A PERSON WHO ILLEGALLY MANUFACTURES, SELLS, OR DELIVERS A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE IS STRICTLY LIABLE FOR A DRUG-INDUCED DEATH AND IS GUILTY OF A CLASS C FELONY.
The General Assembly of North Carolina enacts:
Section 1.  Article 5 of Chapter 90  of the General Statutes is amended by adding a new section to read:
"§ 90-95.6.  Criminal liability for drug-induced death.
(a)	A person who manufactures, sells, or delivers a Schedule I or Schedule II controlled substance in violation of G.S. 90-95 is strictly liable for a death that results from the injection, inhalation, or ingestion of that substance, and is guilty of a Class C felony.
(b)	For purposes of this offense, the defendant's act of manufacturing, selling, or delivering a controlled substance is the cause of a death when:
(1)	The injection, inhalation, or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(2)	The death was not:
a.	Too remote in its occurrence as to have a just bearing on the defendant's liability; or
b.	Too dependent upon conduct of another person which was unrelated to the injection, inhalation, or ingestion of the substance or its effect as to have a just bearing on the defendant's liability.
(c)	It is not a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, or ingestion of the substance, or by his consenting to the administration of the substance by another.
(d)	Nothing in this section shall be construed to preclude or limit any prosecution for murder or manslaughter.  Notwithstanding any other provision of law, a conviction under this section shall not merge with a conviction for a violation of G.S. 90-95 or G.S. 90-95.1."
Sec. 2.  This act shall become effective October 1, 1989, and shall apply to offenses occurring on or after that date.