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The Rhode Island State Senate today passed Kristen’s Law, which specifies controlled substance delivery resulting in death, carrying a penalty of up to life in prison. The legislation was filed at the request of Attorney General Peter F. Kilmartin in honor of Kristen Coutu who was murdered after taking a deadly dose of fentanyl in 2014.

Sponsored by Senator Hanna Gallo (D — District 27, Cranston, West Warwick), the legislation (S2279a) specifies that any person convicted of the unlawful delivery of a controlled substance in an exchange of anything of value which results in the death of a person because of the oral ingestion, injection or inhalation of the controlled substance shall be imprisoned up to life. In addition, any person is guilty of a controlled substance delivery resulting in death when, as a result of an unlawful delivery of a controlled substance to another person who subsequently delivers such controlled substance which results in the death of a person because of the oral ingestion, injection or inhalation of the controlled substance shall be imprisoned up to life.

The legislation was amended after testimony in hearings before the Senate Judiciary Committee to clarify that the intent of the legislation was to hold drug traffickers accountable to address concerns that those suffering with substance use disorders would be subject to criminal prosecution.

In addition, the amended legislation made it clear that the individual who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a controlled substance overdose shall not be charged or prosecuted for violations of the section, if the evidence for the charge was gained as a result of the seeking of medical assistance.

According to the Drug Policy Alliance, 20 states have drug-induced homicide statutes in some capacity.

“Passage of Kristen’s Law gives law enforcement one more tool to effectively prosecute those who knowingly traffic in these deadly drugs with no regard for those suffering from substance use disorders,” said Attorney General Kilmartin. “We understand that this is a complex issue, but we need to send a strong message to drug traffickers – if you knowingly deliver deadly doses of drugs, you will face very serious consequences. Overdose deaths should always be looked at through a law enforcement prism as distributors of these deadly drugs know exactly what they are selling while the person who suffers from a substance use disorder may not be aware of what he or she is taking.”

Sen. Hanna M. Gallo said, “Rhode Islanders across all walks of life are feeling the impacts of the opioid crisis. I have personally known too many Rhode Islanders who have been devastated during this crisis, including Kristen, who was a friend of my daughter. We need to send a strong, clear message to drug dealers that people are dying as a result of their actions. They need to know that we will hold them criminally responsible for those deaths.”

The Attorney General’s Office is working with the House to amend companion legislation (H7715), sponsored by Speaker Nicholas Mattiello (D-District 15, Cranston), to mirror the Senate bill.

The Centers for Disease Control and Prevention have concluded that most of the increase in fentanyl deaths do not involve prescription fentanyl, but rather are related to illicitly manufactured fentanyl and counterfeit opioid pills that are mixed with highly lethal analogs and then sold intentionally without the user’s knowledge of its lethality.

In April 2017, Aaron Andrade pleaded to one count of second degree murder for selling fentanyl that caused the fatal overdose to 29-year old Kristen Coutu, of Cranston, RI. Under the terms of the plea, Andrade was sentenced to 40 years with 20 years to serve and the remainder suspended with probation.

The Rhode Island Department of Transportation (RIDOT) and the Rhode Island State Police joined with federal and state leaders today to highlight the upcoming new hands-free law in Rhode Island. The law takes effect on June 1 and prohibits a driver from using a hand-held wireless communication device while driving.

At a press conference today at AAA Northeast’s Providence headquarters, officials discussed the many benefits of the new law. Distracted driving caused by use of personal electronic devices is a growing problem, leading to needless deaths and serious injuries.

The new hands-free law was sponsored by Senator V. Susan Sosnowski and Representative Kathleen A. Fogarty. According to a National Highway Traffic Safety Administration report in 2015, distracted driving claimed nearly 3,500 lives with nearly 400,000 people seriously injured in these crashes.

“Many of us have grown accustomed to using mobile devices in almost every aspect of our lives, including in our cars and trucks. This is especially true for our younger population, which grew up with this kind of technology embedded in their daily lives,” said Senator Sosnowski. “It’s important not to forget that every time we step into a vehicle, we are taking our lives and the lives of others into our own hands. Distracted driving is extremely dangerous.”

“Our children are especially vulnerable to distracted driving. According to a 2011 report from the U.S. Department of Transportation, 10 percent of all drivers under the age of 20 involved in fatal crashes were reported to be ‘distracted’ at the time of the crash,” said Representative Kathleen Fogarty. “Senator Sosnowski and I are proud to have sponsored this legislation and are gratified to see it going into effect.”

“Like so many other types of crashes we see, those involving drivers distracted by their cell phones are preventable,” RIDOT Director Peter Alviti Jr. said. “We will continue to work with our partners to educate the public about safe driving behaviors.”

The new law allows drivers to use an in-car or other hands-free system or accessory, such as Bluetooth. If a police officer observes someone holding a phone while driving, her or she will be pulled over and may be fined up to $100. The offense may be waived for first offenders only by showing proof of purchase of a hands-free device before the fine is due.

The law does not include any provisions for minors, who already are not allowed to use a cell phone while driving – not even with a hands-free device. The law also does not supersede Rhode Island’s no-texting law.

“With education and enforcement, there’s no question this new hands-free law will save lives,” said Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police and Director of the Department of Public Safety. “We will do our part to ensure motorists understand and abide by the new law, which will make our roads safer for everyone.”

At the event today, a variety of hands-free devices were shown and discussed. Many newer cars have features already built in, and Bluetooth devices are widely available at retail stores and online. Those having difficulty with pairing their phones should seek advice from the car or electronics retailer where they purchased the devices.

“Ground-breaking research by AAA’s Foundation for Traffic Safety has highlighted the dangers of manual, visual and cognitive distraction while operating a motor vehicle,” says John Galvin, AAA Northeast president and CEO. “We are proud to have supported the efforts of the Governor and the General Assembly in passing a common-sense hands-free law that will reduce crash risk and make all motorists safer on Rhode Island’s roadways.”

Additional information can be found online on RIDOT’s website at www.ridot.net/handsfree.