Dunleavy to Introduce bill cracking down on illicit fentanyl, drug dealers; adds vehicular homicide statutes

Gov. Mike Dunleavy announced Monday that he will present the Legislature with a crime bill next session to target the fentanyl crisis in Alaska.

In a visit earlier this year to True North Recovery in Wasilla, Dunleavy vowed to introduce legislature that makes knowingly dealing in Fentanyl that results in death a second-degree murder charge, along with stiffer penalties.

“As a result of that total disregard for the safety of others, these drug dealers will be prosecuted to the fullest extent of the law including being charged with manslaughter if an individual ingests that drug and dies,” said Dunleavy at the time. “I will be asking for the Legislature to increase the penalties to the maximum extent possible for anyone who deals fentanyl or fentanyl-laced drugs.”

He tasked his Administration with developing strategies to protect Alaskans from the scourge of fentanyl and fentanyl-laced illegal opioids. This announcement is the first part of a holistic approach to combatting this epidemic.

Under Dunleavy’s proposal, if a person dies as a result of ingesting a controlled substance, the individual that sold or distributed that controlled substance can be charged with Murder in the Second Degree, which is an unclassified felony with a sentencing range of 15-99 years.

Additionally, an individual sentenced to a drug dealing-related crime will have their eligibility for “good time” parole restricted.

Most crimes under Alaska’s criminal statutes allow for mandatory parole, often referred to as “good time” since an offender is eligible for this parole when they behave while in prison. The release occurs after the offender has spent a specified portion of their sentence, which is determined by statute.

This is not applicable to severe crimes such as murder and certain sex offenses in which time spent serving a sentence is extremely limited. The rationale being there are simply some offenses that as a matter of policy are not deserving of early release.

“Peddling poison in the form of dealing illicit drugs should fall within this category. The harm caused not only to the end user, but to society at large make these crimes of distributing drugs worthy of this sort of condemnation.”

“Public safety has and will continue to be our number one priority. These drug dealers are killing Alaskans with illicit fentanyl and fentanyl-laced illicit opioids,” said Dunleavy in a press release. “We need to use every tool at our disposal to hold these dealers accountable to the fullest extent possible. By increasing criminal penalties and eliminating good time credit for dealers of illicit drugs, our prosecutors can do better.”

“Given the ongoing damage to our communities caused by illicit drugs and the increased lethality posed by fentanyl,” said Alaska Attorney General Treg Taylor. “Justice demands that we adjust criminal penalties accordingly in order to better protect Alaskans.”

Alaska Department of Public Safety Commissioner James Cockrell also expressed support for the Governor’s proposed legislation, saying, “The increased penalties in this new legislation ought to make those individuals that are trafficking these dangerous and deadly drugs –sit up and take notice– and think about a life sentence in prison. The Department of Public Safety has a dedicated team of Alaska State Troopers and law enforcement officers committed to tracking down drug dealers who clearly have no regard for human life, and anyone that continues to distribute fentanyl and other illicit drugs in our Alaska Communities.”

The current Alaska State statute 11.41.120-Manslaughter, states that it is a Class A felony to knowingly manufacture or deliver a controlled substance and a person dies as a result of ingesting a controlled substance. Dunleavy is hoping that with the charge moved to murder, a strong message will be sent that law enforcement has the tools to prosecute Fentanyl dealers.

“Going forward, I remain committed to tackling this problem from all angles – law enforcement, education, and prevention, as well as treatment and recovery,” said Governor Dunleavy.

Another layer to the Governor’s proposal is the establishment of a vehicular homicide statute within Alaska’s criminal code. Currently, Alaska’s criminal statute does not have a specific vehicular homicide statute, meaning State prosecutors are faced with bringing manslaughter, criminally negligent homicide, or murder in the second-degree charges in the event of a homicide involving a vehicle.

This has led to a wide variety of sentences handed down by judges. Creating a standalone vehicular homicide class of offenses is viewed as a way to help alleviate some of this disparity, while also complying with Alaska case law.

Governor Dunleavy’s proposal would create the following class of vehicular homicide statutes: Aggravated vehicular homicide – Where the person causes the death of another person while operating a motor vehicle and manifesting extreme indifference to the value of human life. This offense would be an unclassified felony (99-year max).

Vehicular homicide – where the person recklessly causes the death of another person while operating a motor vehicle. This offense would be a class “A” felony (20-year max).

Negligent vehicular homicide – where the person acts with criminal negligence and causes the death of another person while operating a motor vehicle. This offense would be a class “B” felony (10-year max).