GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	2 

SENATE BILL 706
Judiciary I Committee Substitute Adopted 5/9/89

Short Title:  Drug-Induced Death/Crim. Liability.	(Public)
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Sponsors:
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Referred to:
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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 6 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-17.2.  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 proximately results from the injection, inhalation, or ingestion of that substance, and is guilty of a Class C felony.
(b)	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.
(c)	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.