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Proposal would make it easier to charge murder in fatal overdoses

TIFFANY L. PARKS
Special to the Legal News

Published: October 22, 2014

State lawmakers have moved to eliminate the word “overdose” from a bill that would expand the offense of murder.

In acknowledging that there is no “normal” dose of certain substances like heroin, House members amended the language of House Bill 508 last week to broaden the definition of a murder offense to when a person dies from the use of a controlled substance.

The proposed legislation, sponsored by Rep. Jim Butler, R-Dayton, initially sought to expand the offense of murder to include when the sale of a controlled substance leads to a fatal overdose.

In pushing for the bill’s passage before the House Judiciary Committee, Butler said it’s rare to have clear cut issues in the General Assembly.

“Very few matters we in the legislature consider are black and white — we usually deal in shades of gray,” he said. “However, the drug problem ravaging communities throughout our state has hopefully shed light on this dark, dangerous, illicit business that continues to thrive. It is hard to make an argument that these vile entrepreneurs deserve anything other than the full force of our criminal justice system.”

In the absence of special circumstances, murder in Ohio is punishable by imprisonment for an indefinite term of 15 years to life.

According to a bill summary, HB 508 would establish two new sentencing schemes for murder committed through the sale of a controlled substance, depending on the age of the victim.

It also would modify the statute that authorizes or requires the imposition of an additional prison term in certain cases.

With regard to an adult victim, the bill states the criminal penalty would be imprisonment for life with parole eligibility after 20 years or 25 full years.

If the victim is a minor, the court would have to sentence the offender to life imprisonment with parole eligibility after 30 years or to life without the possibility of parole.

Regardless of the victim’s age, if the offender is also convicted of both a sexual motivation specification and a sexually violent predator specification, the sentence must be life without parole.

A court also could impose a fine of up to $15,000.

Ohio Attorney General Mike DeWine has endorsed HB 508.

“Death by drug overdose is growing at a crippling rate in our state,” he said. “From urban to rural areas, no community is immune.”

DeWine went on to say that drug dealers have “full knowledge of the devastation they are causing.”

“While there are laws to hold drug peddlers responsible for drug trafficking, the code is silent on liability for deaths caused by overdose,” he said. “Whether the person who overdoses is a first-time drug user or an addict, the dealer knows the potential consequence of death each time drugs are sold.”

As state officials fight Ohio’s drug epidemic on a variety of fronts, DeWine said the ability to hold drug dealers accountable for overdose deaths would be a significant tool for law enforcement, prosecutors and judges.

In addition to removing the word “overdose” from the proposal, an amendment was approved to make the bill apply to individuals who provided, not sold, drugs to another individual who died.

Another revision added “controlled substance analog” to the bill so that minor changes in the chemical structure of controlled substances would not shield drug dealers from prosecution.

When discussing the feasibility of linking a specific drug dealer to a specific controlled substance death, Butler noted that he toured the Bureau of Criminal Investigation’s main facility in London, Ohio, and learned that law enforcement officials throughout the state are making tremendous strides in this area.

He also said HB 508 wasn’t designed to be a “cure-all” for putting drug dealers behind bars.

“If a drug dealer can be linked to a specific overdose victim, this bill is meant to give prosecutors more tools to ensure that these malevolent criminals face more severe penalties,” he said.

HB 508 is co-sponsored by Reps. Ryan Smith, John Becker, Louis Terhar, Timothy Derickson, Ron Hood, Gerald Stebelton, Terry Johnson, Louis Blessing III and Lynn Wachtmann.

The bill has not been scheduled for additional hearings.

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