HB 751

This bill generally provides that a person who knowingly, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment commits a Class E felony, punishable by a sentence of imprisonment not less than one year nor more than six years and a potential fine not to exceed $3,000. However, if the abused child is eight or less, then the penalty is a Class B felony, punishable by a sentence of imprisonment not less than eight years nor more than 30 years and a potential fine not to exceed $25,000. For purposes of this bill, a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person unlawfully possesses any amount of fentanyl, car f entanil, remifentanil, alfentanil, or thiafentanil in the presence of the child. ON MARCH 17, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 751, AS AMENDED. AMENDMENT #1 adds that a person also engages in conduct that places a child in imm inent danger of death, bodily injury, or physical or mental impairment if the person unlawfully possesses any amount of a fentanyl derivative or analogue in the presence of the child. ON APRIL 16, 2025, THE SENATE SUBSTITUTED HOUSE BILL 751 FOR SENATE BI LL 1415, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 751, AS AMENDED. AMENDMENT #1 revises the provision describing, for purposes of the bill, when a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment to, instead, provide that a person engages in such conduct if the person unlawfully exposes the child to fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue, and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue in the child's body.