SB 746 Virginia Senate · 2025 Regular Session

Involuntary manslaughter; certain drug offenses.

Summary
Involuntary manslaughter; certain drug offenses. Provides that any person who knowingly, intentionally, and feloniously manufactures, sells, or distributes a controlled substance knowing that such controlled substance contains a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, and unintentionally causes the death of another person is guilty of involuntary manslaughter if (i) such death results from the use of the controlled substance and (ii) such controlled substance is the proximate cause of the death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the manufacturing, sale, or distribution of such controlled substance occurred, where the use of the controlled substance occurred, or where death occurred.The bill also provides that if a person gave or distributed such controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is not guilty of involuntary manslaughter but is guilty of a Class 6 felony. This bill is identical to HB 2657.
Bill status signed all 5 stages cleared
Introduction
Nov 2024
Committee Review
Feb 2025
Senate Passage
Mar 2025
House of Delegates Passage
Mar 2025
Signed into Law
May 2025
Introduced Nov 18, 2024 Signed May 2, 2025
Maddy AI version diff · 5 comparisons

What changed between versions

Governor Substitute Not Adopted Chaptered · 5 edits
MODERATE
This bill converts a proposed felony homicide statute into a new involuntary manslaughter law specifically targeting fentanyl-laced drugs, while also adding protections for people seeking help during overdoses. The original felony homicide charge was replaced with a lesser involuntary manslaughter charge for accidental deaths involving fentanyl, and a new safe harbor provision now allows individuals to seek medical help for overdoses without fear of arrest or prosecution for related drug offenses.
Scope change
The bill's scope narrowed from a general felony homicide provision to specifically address involuntary manslaughter related to fentanyl distribution, and expanded to include immunity from prosecution for individuals seeking or providing emergency assistance during overdoses.
SCOPE

Replaced felony homicide charges with involuntary manslaughter charges for deaths resulting from fentanyl distribution, lowering the maximum penalty from 40 years to the involuntary manslaughter sentencing range.

ENFORCEMENT

Added immunity from arrest and prosecution for individuals who seek emergency medical help, report overdoses, or provide emergency care during an overdose situation.

DEFINITION

Defined 'overdose' as a life-threatening condition from controlled substance, alcohol, or combination use, and specified protected offenses including involuntary manslaughter, possession, and public intoxication.

FISCAL

Changed the fiscal impact estimate from $370,619 to an undetermined amount, requiring the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.

REQUIREMENT

Added requirements that individuals remain at the overdose scene until law enforcement arrives and must identify themselves to responding officers.

Floor votes · Senate Jan 30, 2025 · House of Delegates Feb 13, 2025

How they voted

390
Passed · 1 other
Total votes 40
Jan 30, 2025
D Democratic21
20 Yea 1
95% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
61
Key actions
15
Committee
9
May 2, 2025
Signed into law
Approved by Governor-Chapter 721 (Effective 07/01/25)
executive
Apr 2, 2025
Vetoed
Senate rejected Governor's recommendation (19-Y 21-N)
upper
Mar 24, 2025
Vetoed
Governor's recommendation received by Senate
executive
Mar 10, 2025
Upper · Passed
Signed by President
upper
Mar 7, 2025
Lower · Passed
Signed by Speaker
lower
Mar 7, 2025
Upper · Passed
Bill text as passed Senate and House (SB746ER)
upper
Feb 21, 2025
Upper · Passed
Conference report agreed to by Senate (34-Y 3-N)
upper
Feb 21, 2025
Lower · Passed
Conference report agreed to by House (91-Y 2-N)
lower
Feb 21, 2025
Legislature · Passed
Amended by conference committee
legislature
Feb 18, 2025
Committee
House requested conference committee
lower
Feb 13, 2025
Lower · Passed
Passed House with substitute (95-Y 2-N)
lower
Feb 10, 2025
Lower · Passed
Reported from Courts of Justice with substitute (20-Y 2-N)
lower
Feb 7, 2025
Committee
Referred to Committee for Courts of Justice
lower
Feb 4, 2025
Upper · Passed
Read third time and passed Senate (33-Y 6-N)
upper
Jan 31, 2025
Upper · Passed
Passed by for the day
upper
Jan 30, 2025
Upper · Passed
Passed by for the day
upper
Jan 29, 2025
Upper · Passed
Reported from Finance and Appropriations (12-Y 1-N 2-A)
upper
Jan 27, 2025
Upper · Passed
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (13-Y 1-N)
upper
Nov 18, 2024
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 3 co-sponsors

Sponsors