Revision: June 4, 2025, 2:54 p.m.
Sen. Birdsell, Dist 19
May 27, 2025
2025-2483s
09/05
Floor Amendment to HB 377-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to health care professionals administering hormone treatments and puberty blockers and relative to establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.
Amend the bill by replacing section 1 with the following:
1 Short Title. Sections 1 and 2 of this act shall be known as the Vulnerable Child Compassion and Protection Act.
Amend the bill by replacing all after section 2 with the following:
3 Controlled Drug Act; Penalties. Amend RSA 318-B:26, IX to read as follows:
IX. Any person who manufactures, sells, or dispenses methamphetamine, lysergic acid[,] diethylamide (LSD), phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof, in violation of RSA 318-B:2, I or I-a, excluding any fentanyl class drug, including any adulterants or dilutants, is strictly liable for a death which results from the injection, inhalation, or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order. Any person who manufactures, sells, or dispenses a fentanyl class drug, including any adulterants or dilutants, in violation of RSA 318-B:2, I or I-a, is strictly liable for a death which results from the injection, inhalation, or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order, except that such term shall not be less than 10 years of imprisonment. For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:
(a) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(b) The death was not:
(1) Too remote in its occurrence as to have just bearing on the person's liability; or
(2) Too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect, as to have a just bearing on the person's liability. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by his consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any prosecution for homicide. A conviction arising under this section shall not merge with a conviction of one as a drug enterprise leader or for any other offense defined in this chapter.
4 Effective Date. This act shall take effect January 1, 2026.
2025-2483s
AMENDED ANALYSIS
This bill:
I. Prohibits the performance of a medical procedure or the prescription or issuance of medication, upon or to a minor child, that is intended to alter the minor child's gender.
II. Sets a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.