Fentanyl has been a deadly scourge in the state killing thousands of drug users. It has also become dangerous for first responders who have to deal with drug dealers and drug users who are suffering from drug overdoses.
House Bill 230 (HB230) is sponsored by State Representative Matt Simpson (R-Daphne).
“This bill would create the offense of a criminal endangerment of a first responder,” Rep. Simpson explained, “With escalating penalties depending on the degree of the injuries to the first responder.”
“If he knowingly, negligently, or intentionally injures a first responder with a scheduled one controlled substance,” Simpson said. “If it is just physical injury, it is a Class C felony. If it is a serious physical injury, it is a Class B felony. To cause the death of a first responder would be a Class A felony.”
Of the four classes of felonies in Alabama – A, B, C, D – A is the most serious and typically carries the largest penalties.
“Why did you not have this in your previous bill,” raising the penalties for fentanyl traffickers Rep. Juandalynn Givan asked.
“I did not want to muddy the water with that bill,” Simpson explained. “Researching that bill, I talked with officers who had been injured in the line of duty from exposure (to drugs).”
“It is not just being around it,” Simpson said. For the crime of chemical endangerment of a first responder, the injury must be caused by “ingestion, inhalation, or contact” with the controlled substance.
Rep. Napoleon Bracy asked Simpson why he did not address this in the previous bill.
“I did not want to add something on it,” Simpson explained. “I wanted that to get through clean. This came up while I was working on it. I heard so many stories from officers who had been injured. They have to get Narcan hit. They have to go to the emergency room. There have been serious injuries.”
Bracy said, “You can have a crime scene that spills over into other areas.”
Bracy, whose wife is in the medical field, wanted emergency room doctors and nurses who may be exposed to dangerous narcotics while tending to narco-traffickers also included in the definition of “first responders” in this bill.
“I think we are missing a group of people that need to be included in this,” Bracy said. “They (the drug dealer/users) are either going to a hospital, a psychiatric facility, or a county jail. I think we need to include them.”
Simpson said after some discussion with Bracy and staff, “They are included. The medical teams at the hospital would be included.”
Rep. Laura Hall brought an amendment to the bill adding in some language to the bill.
Simpson said that the Hall amendment was a friendly amendment.
The Hall amendment was adopted in a 105 to 0 vote.
The House of Representatives passed HB230 as amended on a 105 to 0 vote. The legislation now goes to the Alabama Senate for their consideration.
Wednesday will be day 17 of the 2023 Alabama Regular Legislative Session.
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