Section 1 Short title
This Act may be cited as the “Help Ensure Lives are Protected Act of 2017” or the “HELP Act of 2017”.
Help Ensure Lives are Protected Act of 2017
A BILL
To provide for enhanced penalties for certain offenses relating to controlled substances containing fentanyl, and for other purposes.
Sec. 2 Enhanced penalties for certain offenses relating to controlled substances containing fentanyl
Controlled substances act amendments— Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following:
“(8) In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.
“(9) In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as heroin, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.”
Controlled substances Import and Export Act amendments— Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following:
“(8) In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.
“(9) In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as heroin, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.”