A Virginia Senate committee narrowly rejected a bill Wednesday that would expand the circumstances under which drug dealers can be charged with felony murder in connection with the death of a user.
The bill, a priority of Gov. Glenn Youngkin and Republican lawmakers, was proposed as a crime deterrent that would save criminals' lives as overdose deaths, particularly those from fentanyl, skyrocket. But Democrats on the committee who voted no expressed skepticism that tougher penalties would more effectively address the root causes of the problem, rather than an approach focused on substance abuse treatment. I raised my voice.
“The policy difference that we're encountering here on the committee is what's the right way to attack this, and do we attack it the same way we attacked things in the '90s? I think so,” said Senate Democratic Leader Scott Surovell, who heads the committee.
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The bill essentially aims to overturn a 2014 Court of Appeals ruling that placed time limits on how long a dealer may be charged with felony murder, no matter how far removed from the user's death. Sen. Ryan McDougle, the bill's sponsor, said in an interview.
Other senators who testified in support of the bill, including Senate Republican Leader McDougle, told the committee that currently, if a dealer sells drugs to an individual, leaves the premises, and the buyer later dies, He said a person cannot be charged with felony murder. , punishable by 5 to 40 years in prison. However, if you share drugs with a friend at a party and someone dies during the party, the person who provided the drugs could be charged with the crime.
“We believe that no matter how far away or how far away you are, if your drug is the poison that killed someone, you should be held accountable,” said Nate Green, the state's attorney. “I was hoping that the bill would be passed,” he said. Williamsburg and James City counties supported the measure.
The committee voted 8-7 against the bill, with only one Democrat voting in favor.
Lawmakers heard testimony from about 10 people who said they had lost children or loved ones to drug overdoses. Some speakers held up photos of their relatives and urged lawmakers to support the bill.
Jennifer Johnson, who lives in suburban Richmond, described her horror when she discovered the bodies of her son and his girlfriend in August 2020. Johnson said in an interview that her 19-year-old son, PJ, died after attending an open mic night and taking a counterfeit drug. A pill containing fentanyl.
Johnson found text messages on her son's cell phone showing an exchange with the person she believed provided the pills. She said her understanding is that no charges have been filed in connection with her death, but there is still an open investigation.
“I'm not here because that would make a difference to our situation. But I mean, so many people continue to die,” Johnson said. .
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Opponents of the bill argued that prosecutors have drug distribution charges that they can use to punish bad actors with similarly harsh penalties.
Sean Weneta, lobbyist for the ACLU of Virginia, warned the committee that the move could have a chilling effect on people reporting overdoses and seeking help due to fear of punishment.
“Unfortunately, what this will do is create a situation where people won't report. People will abandon them,” he said.
Surovell, who expressed sympathy for the victims' families, said a better place to find common ground with the Democratic majority in the General Assembly would be to focus more resources “to catch the people who do these things.” He said he had “informed” Mr. Yonkin. He said he would like policymakers to also invest more money in mental health to “relieve pressure on the demand side”.
The committee passed the bill on an 8-7 vote, with Democrat Russet Perry, a former prosecutor, voting with Republicans. The committee advanced another bill from Sen. Bill DeSteph. The bill would create a task force to study ways to combat fentanyl, heroin, and other similar controlled substances, after amending it to remove provisions similar to those in McDougle's bill.
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Lawmakers have been grappling with this issue for years. In 2019, then-Gov. Democrat Ralph Northam vetoed a similar bill after lawmakers rejected attempts to amend it. A similar bill was defeated last year.
Yonkin has vocally made this issue a priority during his tenure. “It is disturbing that most Democratic members of Congress are once again siding with fentanyl manufacturers and distributors over the families of victims,” his spokesman Christian Martinez said in a statement.
Jill Cichowitz, whose twin brother died after taking fentanyl-laced pills about seven years ago, said family members who testified after the hearing were disappointed in the vote. But Cichowicz said he was hopeful that the bill could still move forward in the Democratic-led House of Delegates, where similar legislation has not yet been considered.
If the House moves forward with the bill, it would need Senate approval before it goes to Yonkin's desk.
