Proposed bill could lead to murder charges in Kentucky overdose deaths

Weekday broadcast of WYMT Mountain News at 5:30
Published: Jun. 8, 2023 at 5:22 PM EDT

FRANKFORT, Ky. (WYMT/WKYT) - Kentucky lawmakers discussed House Bill 388 in a recent session, a bill that could lead to murder charges in drug overdose deaths.

The bill was proposed in the last session, but proponents of the bill have said the goal is to begin a conversation about a bill that exists in some form in twenty states.

Police officers testified in front of an interim committee Thursday about the bill.

Weekday broadcast of WYMT Mountain News First at Four

“We are in crisis mode, in Madison County, specifically in the City of Richmond,” said Richmond Police Chief Rodney Richardson.

Chief Richardson told the committee Richmond is averaging almost one overdose death a week. Police say they can charge those who supply the drugs with manslaughter, which carries a 5 to 10-year max penalty.

“But I can only imagine how the parents feel when we tell them the individual that caused their baby’s death can only be charged with murder and not manslaughter,” said Chief Richardson. “They just cannot comprehend why it is any different.”

A representative with the department for public advocacy says the way the bill is written even a person who unknowingly passes a marijuana joint laced with fentanyl could face a murder charge.

Supporters say they are hopeful a new version of house bill 388 will be discussed when lawmakers start the 2024 session.