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Central Texas prosecutors, law enforcement to seek murder charges for fentanyl deaths

A new state law in Texas makes those who supply or distribute fentanyl liable if it leads to a death.

MCLENNAN COUNTY, Texas — Prosecutors and law enforcement in Central Texas are working hand in hand to put an end to the fentanyl crisis after a new state law started Sept. 1.

House Bill 6 states a person is able to be charged with murder if they supply or distribute fentanyl, and it leads to a death. The bill also changes what death certificates say -- instead of overdose, it will say fentanyl poisoning or toxicity.

Local leaders including, the McLennan County District Attorney and Hewitt Police Chief, are hoping the new law will crack down on the fentanyl crisis. They're adjusting to ensure they have the ability to take down anyone who comes under House Bill 6 and causes harm to the community.

"As far as the investigation goes, we're going to have to approach that just like we would any other major investigation that could result in a murder charge," said Chief John McGrath, who has been with the City of Hewitt for around half a year.

The police chief said it's not going to be easy to work these cases as they will take time, resources and lots of investigating.

"We're still in the process of developing our policies as it relates to responding to fentanyl-related overdoses, but with the ability to charge somebody with a capital offense like murder -- we have to treat that just like we would any other potential murder case," McGrath said. "It's going to involve a lot of investigation, phone seizures, search warrants, things of that nature."

It's something McGrath and his department will go the distance for to protect their community, save lives and put criminals behind bars.

"If we can prevent further deaths, whether it be through a deterrent effect or actually identifying a suspect and charging them with murder and preventing them from being able to do it again in the future -- that's a good thing," McGrath said.

McGrath's department and other law enforcement agencies in McLennan County will have to bring a strong case to District Attorney Josh Tetens, who will work for a conviction.

"If you are ready and willing to take that risk and deliver, give that to somebody else -- we're going to come at you with a murder charge," Tetens added. "It's not just simple possession. It is a murder charge that you're going to be looking at."

Tetens told 6 News that, with a solid case from law enforcement, it could be easy to get the conviction because of the language of the law.

"This is not something that has to be intentional," Tetens explained. "If you are delivering something that has fentanyl in it, whether you as the drug dealer know it or not, you are going to be held strictly liable for the death of that person, period."

The law states it's for any amount of fentanyl and Tetens said he will follow the legislative intent to save lives.

"This is not a slap on the wrist," said Tetens. "It doesn't matter the quantity. I think that's something that they may not understand or grasp. It can take such a finite amount of fentanyl to actually cause the death of somebody."

A murder charge is a first-degree felony that can range from five to 99 years to life.

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