BOISE, Idaho — The Senate Judiciary and Rules Committee stamped House Bill 406 (H406) with a "do pass recommendation" on Wednesday, Feb 7. after mixed public testimony and deliberation.
Bill sponsors, including committee chairman Sen. Todd Lakey (R-Lakey), consider the bill a deterrent. It would add fentanyl to the list of drugs in Idaho that carry mandatory minimum sentences for trafficking; drugs already on the list include heroin, cocaine, and marijuana.
The lowest level mandatory minimum offense outlined in the bill kicks in when a person is caught with four grams of a mixed substance, including fentanyl or at least 100 pills containing the drug.
The legislation also wants to create a new crime called "drug-induced homicide." It occurs when an individual provides illegal drugs - not just fentanyl - to another person resulting in an overdose and death. Former Ada County Prosecutor Jean Fisher testified against this specific portion of the bill in public testimony.
"It's not drafted well. Causation is nearly impossible. How are you gonna know my last pass off is the cause of your death when you have other things onboard?" And routinely [police and prosecutors] have all said, 'yeah, it's, we're never going to use this building causation was really hard to prove.'" Fisher said. "It's a terrible thing to do, to be in a situation, to have that grieving parent come to you, begging for you to do something when you know that you can't or you won't. And they already know that right now. And so do most of you [in this committee]."
Fisher testified that involuntary manslaughter can already be used to cover a drug overdose death to hold a supplier responsible.
The bill is now one step away from Governor Brad Little's (R-Idaho) desk. If the bill passes the Senate floor with majority support, the Governor's signature would make it law.
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