Bill adds mandatory minimum to fentanyl cases

BOISE — Legislation adding fentanyl to the category of drugs carrying a mandatory minimum sentence sparked one of the most extensive debates thus far in the early days of the 2024 legislative session.

In the third week of the legislative session, bills continue to circulate on the Idaho Senate and House floors, public testimony is heard in committees, and debate continues in committee rooms. House Bill 406 on the addition of fentanyl to that list of drugs is sponsored by Rep. Ted Hill, R-Eagle, and Sen. Todd Lakey, R-Nampa.

The first part of legislation focuses on fentanyl trafficking and says that anyone who knowingly produces, distributes, or transports fentanyl into Idaho is subject to a minimum sentence as well as a hefty fine, with higher amounts resulting in higher sentencing. The second part of the bill adds a new section to Idaho Code that mandates a life sentence and a $25,000 fine for those found guilty of drug-induced homicide. The House Judiciary, Rules and Administration Committee heard public testimony last Friday from a packed room.

Tracy Basterrechea, police chief for the Meridian Police Department, representing the Idaho Chiefs of Police Association, supported the proposed legislation. 

“We cannot ignore the fact that we are losing somebody every day in this country and in this state to the overdose of fentanyl," Basterrechea said. "And our way to stop this is to protect our borders. The only border that we can protect is our Idaho borders, and we can do that by implementing mandatory minimums and keeping drug traffickers out of our state.” 

Dr. Cate Heil, a family medicine and addiction medicine physician in Boise and Nampa, was among those testifying in opposition to the bill. 

“The difficulty with this bill is it doesn’t necessarily differentiate between folks who are using low-level amounts and then those who are using big amounts of fentanyl,” Heil said.

Heil explained she is worried the legislation would block judges from making decisions based on the person's intent. 

“About 65% of folks who are imprisoned do meet criteria for a substance use disorder and up to about 19% report regular use of opioids while they’re in prison,” she said. "If this bill does pass, how are we going to improve treatment for these folks if they do get into prison?” 

After concluding testimony late last week, the committee convened Tuesday and in a 16-to-2 vote, sent House Bill 406 to the House floor with no recommendation. 

Another piece of legislation that stirred up emotions this week was House Bill 400, which proposes replacing the term "fetus" or "fetus and embryo" with the term "pre-born child" or "child" throughout state statute. The bill is sponsored by Rep. Julianne Young, R-Blackfoot, and Sen. Ben Toews, R-Coeur d’Alene.

“We just have used these terms in a way that’s not clear and consistent and every time that we do this it's from fertilization to birth," Young said during the House State Affairs Committee hearing Monday morning. "The term pre-born child clearly captures that full span and is more accurate and I believe also more clearly expresses the respect and value that the state of Idaho places on the lives of these pre-born children.” 

The committee then listened to public testimony for approximately two hours. At the end of the testimony, Chairman Brent Crane, R-Nampa, put the committee at ease to speak privately with the bill sponsor. Rep. Crane and Rep. Young left the hearing room and were followed to the backroom by Rep. Joe Palmer, R-Meridian, Rep. James Holtzclaw, R-Meridian, and Rep. Bruce Skaug, R-Nampa. When the representatives returned, the House State Affairs committee voted to hold the bill in committee subject to the call of the chair.

The House State Affairs Committee has had no shortage of contentious bills this week, as House Bill 415, sponsored by Rep. Ted Hill and Sen. Todd Lakey, was heard Wednesday morning. The proposed bill would allow public K-12 school employees possessing an enhanced license to carry concealed weapons on school grounds. The proposed bill would also require the removal of “Gun Free Zone” signs from public school property. On a party-line vote, House Bill 415 was sent to the House of Representatives floor with a do-pass recommendation.

Sophie Spanbauer is an intern with the University of Idaho McClure Center for Public Policy Research and the UI JAMM News Service.