Latest news with #S.156
Yahoo
21-05-2025
- Yahoo
12 Solicitors say new Fentanyl Homicide law will not be effective
BEAUFORT COUNTY, S.C. (WSAV) – It's a new law that is supposed to help fight the rising problems connected to fentanyl – but some prosecutors say its flawed, and they won't be able to use it. Senate Bill 156, the Fentanyl-Induced Homicide Act, establishes a new felony offense for individuals who unlawfully distribute fentanyl or fentanyl-related substances that result in another person's death. S.156: Distributors of fentanyl or related substances can be charged with fentanyl-induced homicide if the substance causes a death Convictions carry penalties of up to 30 years in prison Defendants cannot argue that the victim's consent or ingestion absolves responsibility, except in narrow cases of suicide backed by clear evidence 'Today, South Carolina sends a loud and clear message: if you deal fentanyl and it kills someone, you will be held fully accountable,' said Attorney General Alan Wilson. 'This legislation gives prosecutors a powerful new tool to go after the dealers who knowingly poison our communities. I've spent years fighting this drug crisis, and with S.156, we are raising the stakes for those driving fentanyl deaths.' 'I know what the practical effect of this statute is going to be and it's nothing other than raising the hopes of people who have lost loved ones to this poison,' 14th Circuit Solicitor Duffie Stone explained. That's how 14th Circuit Solicitor Duffie Stone feels about the bill now sitting on the governor's desk. It says that 'the person who knowingly provides fentanyl commits the felony offense of fentanyl-induced homicide.' While the charge sounds severe, Stone says one word makes this law nearly impossible to prosecute. 'I've heard from mothers and fathers who have lost children to this poison, and they will be quick to tell you that their son or daughter did not overdose on fentanyl, said Stone. 'They didn't know they were taking fentanyl to begin with. 'What the word knowingly in this statute does is it allows the dealer or the person who provided the fentanyl to the deceased person to say, I didn't know it was fentanyl, Stone said. 'Even to the extent of being able to say I thought I was giving them heroin. I thought I thought I was giving them cocaine. That's a defense now.' 'It is a legitimate defense to the statute, because the statute requires prosecutors to prove that the person who gave the deceased, the fentanyl, knew it was fentanyl.' Stone isn't alone in his feelings. He and 11 other solicitors from around the state sent a letter to the Governor saying this law is not the game changer some are touting it to be. 'You are raising the hopes of people who have lost children, brothers, relatives to fentanyl,' Stone said. 'That you're going to be able to hold the person that gave them their son or their daughter the fentanyl, accountable and you're not that's raising false hopes. And that's a that's a tragedy in itself.' 'The prosecutors of South Carolina, they're going to be the people that have to tell the victims that despite everyone saying this is the end all, be all, and it's going to actually stop the fentanyl trade that it's not.' 'Will you use the statute?''I doubt it. I don't think anybody is going to use the statute. Stone hopes the Solicitors' letter can be the start of a discussion about better ways to prosecute these crimes for prosecutors and the families of victims. The bill was passed by both the Senate and House and is waiting for Governor Henry McMaster's signature. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
01-03-2025
- Yahoo
‘Extra tool': SC legislature unanimously passes fentanyl-induced homicide bill
COLUMBIA, S.C. () – A bill aimed at holding drug dealers accountable for deaths related to fentanyl passed unanimously in the South Carolina Senate on Wednesday. S.156 would allow prosecutors to charge drug dealers who distribute fentanyl that results in an overdose with 'fentanyl-induced homicide.' The penalty is up to 30 years in prison. Victim advocates and family members of those who have died from fentanyl are encouraged by the bill's progress. 'We have written letters. We have made phone calls. We have really pushed our legislators to take action with this as quickly as possible,' said Holly Alsobrooks, co-founder of the awareness group, 'Fentanyl Kills U.' The York County-based organization has been pushing for legal action to hold drug dealers accountable for fentanyl poisonings for nearly five years. Indian Trail woman arrested, charged with locking boyfriend in Monroe storage unit for days: Records The South Carolina Department of Public Health reports that fentanyl is the leading cause of overdose deaths. It is often mixed with other illicit drugs, such as cocaine or methamphetamine, risking a fatal overdose for individuals unaware they're consuming the substance. State officials report 1,734 South Carolinians died from an overdose in 2020. Of those deaths, at least 1,100 involved fentanyl. Lawmakers have introduced similar bills over the past two years but have failed to pass both chambers. Alsobrooks said she's not surprised the measure has bipartisan support. 'It has been many years that this has been sitting and waiting to go,' she said. 'I think this is going to be the year that it happens because of all of the deaths and because of the pressure in the media and little groups like mine sprouting up everywhere and really just not being quiet about it.' State Senator Brian Adams is one of the sponsors of the bill. He said the measure is a natural next step in combating fentanyl-related deaths. 'We already have laws in place for trafficking, dealing, possession with intent to distribute, and all that. We just didn't have the piece in place to go after them if somebody died from the drugs that they sold them,' Adams said. 'This would give them that extra tool.' The Senate is considering a separate measure, S. 183, which widens the offense to 'drug-related homicide.' The bill is on hold and requires another reading before it can be brought to a vote. A House companion bill to S. 183 is currently in committee. State Rep. Brandon Guffey of York County was recently added as a sponsor to H. 3591. State Rep. Seth Rose, a member of the criminal law subcommittee, said he supports the effort but would like to propose amendments to prevent confusion among the courts. 'If someone distributes fentanyl and it causes the death, there's no questions that needs to be addressed,' he said. 'I think that language needs to be tightened, and we need to actually focus to be very thoughtful on what we are trying to stop.' WATCH: Trump shouts at Zelenskyy as he and Vance berate Ukrainian leader as 'disrespectful' Alsobrooks said she hopes to see an all-encompassing drug-induced homicide bill become law. She said the growing presence of xylazine, a drug contributing to oversedation but not responsive to Narcan, has the potential to create more issues a fentanyl-only bill would not cover. 'We want a drug-induced homicide bill to follow right behind this fentanyl-induced homicide bill so that we can cover all these drugs that are coming out because we can't keep going to Columbia for each individual drug that comes down the street,' she said. S. 156 now goes to the House for consideration. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
