(The Center Square) — An effort to increase penalties for fentanyl manufacturers and dealers is moving closer to reality, as lawmakers work to combine two bills to tackle the growing crisis.
The Senate Judiciary Committee reviewed House Bill 75 and House Bill 90 this week, both aimed at increasing penalties for possession and distribution of large quantities of fentanyl and carfentianil.
Committee members also approved legislation to increase penalties for ATM thefts.
HB 75, sponsored by Rep. Debbie Villio R-Kenner, was crafted with the help of the Louisiana Sheriff’s Association to take a tiered approach to increasing the current punishment of a minimum of five to 40 years in prison, and fine of up to $50,000.
The bill would keep the current penalty for possession of less than an ounce, but would increase the penalty for possession of between an ounce and 250 grams to a minimum of 10 to 40 years in prison, and for a minimum of 30 to 40 years for more than that.
In addition, HB 75 would increase penalties for subsequent convictions, up to 99 years without parole for a third offense. Subsequent offense would also come with a fine of up to $500,000, if approved.
"This is our most urgent public health crisis," Villio told the committee.
"It’s about the deaths," said Michael Ranatza, executive director of the Louisiana Sheriff’s Association. "What we want to do as sheriffs is to remove these people from committing the crime again."
Ranatza said the sheriff’s association also supports HB 90, sponsored by Rep. John Stefanski, R-Crowley, to impose a mandatory sentence of life in prison for anyone who possesses more than an ounce of fentanyl or carfentanil in aggregate. Stefanski and Villio are co-sponsors of each other’s bills, as well.
Stefanski said the intent behind HB 90 is "to send a chilling effect throughout the state that if you touch fentanyl in a distribution manner or a manufacturing manner, you’re going to spend the rest of your life in jail."
Tanner Jenkins, commander of the East Baton Rouge Sheriff’s Narcotics Division, told the committee fentanyl has been tied to over 330 deaths since January 2022, and "that grows every single day."
The bills are opposed by public defenders, defense attorneys and the Justice and Accountability Center. Opponents argued provisions in the bill for penalties based on the aggregate weight of the drugs could ensnare users who possess fentanyl unwittingly, such as those with fentanyl laced marijuana or other drugs.
Committee members ultimately opted to voluntarily defer the bills for a week, and asked Villio and Stefanski to work to combine them to send a single bill to the Senate floor.
"I’d like to give us another week to think about the best approach," said Chairman Sen. Franklin Foil, R-Baton Rouge. "These are important issues we want to make sure we get behind."
In other business, committee members approved House Bill 94, sponsored by Rep. Tony Bacala, R-Prairieville, to create a crime of theft or criminal access of an automated teller machine. Bacala explained that after Texas increased penalties, ATM thefts have increased in Louisiana, with 45 thefts in the Baton Rouge area alone in the last year.
"These thefts are committed with military precision by organized groups who know that the profit level is high and right now they know the exposure to real jail time is low," he said.
HB 94 would impose a sentence of five to 10 years for ATM thefts, with a fine of not more than $10,000 and restitution. HB 94 is now pending final passage on the Senate floor.
