SACRAMENTO, Calif. — A California bill would allow fentanyl dealers to be charged with murder under certain conditions. However, the bill isn't making progress in the Capitol, despite rare bipartisan support.
The senators against the bill said they want it to be clear in the bill that the dealer explicitly knew they were selling fentanyl before they get a permanent warning on their record.
To that point, the democratic author said people don't have to prove that someone knew they were drinking alcohol before they got a DUI and killed someone.
Parents lined up to testify in favor of SB44. It would require a fentanyl dealer be warned on their first arrest that if a future deal ends up killing someone, they could be charged with murder.
Mareka Cole was among the many emotional parents in support.
She said her son, 25-year-old Marek, suffered the same fate in 2021 when she found him unresponsive in his room.
"It happened so fast. By the time, I was on my third round of CPR, (Sacramento) Fire was there, present and ready to take over. And they did an IV. So I know I did the CPR, right, but they couldn't keep him going," said Cole.
She said SB44 could have helped in her case.
“My son would be alive, because this person did prison time before - and had they had a warning that if you kill somebody in the future, then you're held responsible,” said Cole.
However, state senators Scott Wiener and Nancy Skinner said this bill will have too many unintended consequences.
“The idea that some college student selling a pill to his roommate and having no idea and no reason to know there’s fentanyl in there would then get this nuclear murder warning on his or her record - I think that's a step too far," said Wiener.
State Senator Tom Umberg, author of the bill, said the person needs to know they are selling something illegal. Afterward, if the person is convicted, they get the warning.
"It should not be this difficult to get members of the Public Safety Committee to vote for victims and against drug dealers. But sadly, that's where we're at today," said San Diego Mayor Todd Gloria.
Gloria testified on behalf of the 13 big cities in the state. He said he has strong concerns about the Public Safety Committee.
“I encouraged these legislators to go back to their districts and, more specifically, go to the coroner's office and see the bodies of people lined up in hallways who have overdosed on fentanyl... and they'll understand why this legislation is not only appropriate, practical, but it should be passed,” he said.
Umberg said he will not give up the fight until the bill is passed. On Thursdays, the Public Safety Committee on the assembly side is going to hold a hearing to talk about the remaining fentanyl bills on the table.
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