Judiciary committee grills prosecutors and backers on fentanyl bill; measure passed by indefinitely

Senate Judiciary Committee — Richmond — Legislators debated a bill that would make it a felony for adults to willfully or knowingly cause or enable a child under 15 to be exposed to fentanyl. Senator Durant presented a narrowed substitute focused on adults responsible for children under 15 and that would require knowledge that the substance contained fentanyl.

Commonwealth's Attorney Ryan Mahaffey said the change would give prosecutors a tool when a caregiver enables exposure but is not in possession of the drugs. "It gives a tool for prosecutors to go after not just the person that is directly in possession of the substance, but also the person that is responsible for the children and knowingly is allowing the child to be exposed," he said.

Other senators questioned whether existing statutes — including child abuse and cruelty to children provisions — already provide prosecutorial avenues. Senator Carol Foy said she was concerned the bill is duplicative and that the Commonwealth's existing statutes allow for prosecution in many cases. Senator Perry and others pressed for clarity on what "knowing" or "willful" acts would trigger felony exposure charges and whether the measure would criminalize parents who live with a partner who uses fentanyl.

The bill attracted substantial debate about legal standards and prosecutorial practice. Sponsors argued specificity about fentanyl's lethality — where micrograms can be fatal — justified the legislative fix. Opponents urged caution, noting successful prosecutions are obtained under current law in many jurisdictions and warning that creating new criminal statutes may not improve outcomes and could have unintended effects.

Outcome: After extended debate and testimony, the committee passed the substitute bill by indefinitely (PBI). The transcript records the roll as Ayes 8, Noes 6, Abstention 1.