Georgia legislature considers amendments to toughen fentanyl distribution laws

The Georgia House of Representatives plans to consider criminal law legislation to increase penalties for selling overdose-causing fentanyl, as well as legislation to give police officers more pay while recovering from serious injuries sustained on the job.

A bipartisan majority in the Senate has backed legislation to create the crime of intentional involuntary manslaughter for those convicted of supplying or selling fentanyl-impregnated drugs that cause the death of another person. The bill is now before the House of Representatives, which has until March 28 to pass legislation for the current year.

The law is named for former Lowndes County resident Austin Walters, who in 2021, suffering from anxiety and depression, purchased fentanyl-impregnated Xanax pills. In September 2021, Walters died from a single fentanyl-impregnated pill after suffering from anxiety and seeking drugs on the street. Within days of Walters' death, his father wrote a letter to Republican Sen. Russ Goodman asking for lawmakers' help in criminalizing people who provide fentanyl, a substance 100 times more potent than morphine.

Typically, fentanyl overdoses occur due to the illegal production of the substance by mixing it with another drug without the user's consent. According to data published by the Centers for Disease Control and Prevention in Atlanta, fentanyl was responsible for more than 70,000 of the 106,000 drug overdose deaths in the United States in 2021.

Under Senate Bill 465, a person convicted of this crime can be sentenced to 10 to 30 years in prison or life imprisonment. The involuntary manslaughter charge does not require proof that the defendant knew the substance was contaminated. Goodman said the legislation provides stiffer penalties for fentanyl dealers. On Thursday, he thanked Walters' parents for fighting to prevent other parents from suffering caused by the poisonous substance.

Democratic Sen. Kim Jackson of Atlanta observed that while the law provides for judicial discretion in sentencing, the new offense could also lead to felony charges against a college student who unknowingly shared impregnated drugs with a friend.

Goodman said the new law is designed to hold accountable those who distribute the illegal drug to teens.

House representatives also have until March 28 to pass the Senate bill, named for a Henry County deputy who lost wages not covered by workers' compensation insurance while recovering from injuries sustained in the attack.

Senate Bill 371, known as the Daniel D. Podsiadli Jr. Act, would change the way the State Workers' Compensation Insurance Commission handles cases when police officers suffer catastrophic injuries while on duty. Under the law, an injured police officer will be entitled to receive the same benefits and pay that they were receiving prior to their injuries.

A catastrophic injury claim will be investigated by the State Workplace Insurance Commission to determine the employee's eligibility to receive the difference between workplace accident insurance and his or her police wages.

In July 2023, Podsiadli and two Clayton County police officers were struck by a bullet while chasing a man suspected of killing four people the next day in suburban Hampton. A 30-year veteran of the Henry County Police Department testified before a Senate committee about the stress of trying to pay bills while recovering from serious injuries.

Henry County Sheriff Reginald Scandrett organized a fundraiser to help pay his deputy's bills, but soon reached out to Senator Brian Strickland, a Republican from McDonough, asking for state support for officers facing similar situations.

Strickland supported the legislation with Vice Senator Emanuel Jones, who also represents part of Henry County. "He recently returned to work and is serving the residents of Henry County again, but due to his service and Sheriff Scandrett's leadership, they wanted to see this law passed in case another officer finds themselves in a similar situation," Strickland said. "Senate Bill No. 371 allows the state to support these law enforcement officers to ensure that while they are at home recovering, paying bills and supporting their families is one less thing they have to worry about."