Bill seeks harsher drug dealer sentences

Oregon lawmakers are considering a bill that would require a prison sentence for drug dealers whose drugs cause an overdose death. Right now, if a supplier’s drugs cause someone’s death, the punishment is probation. There’s no specific Oregon law to add to that punishment. However, some lawyers say the bill could hinder the judicial system’s function.

House Bill 2797, also known as Taylor’s Law, is named after 24-year-old Taylor Martinek. The Portland State University football player overdosed in 2017. He became addicted to Oxycontin after several injuries.

Now, his parents are pushing the law in his name because dealers in Taylor’s case were sentenced to less than three years in prison. That sparked concern over making sure people who knowingly sell and distribute deadly drugs are held accountable.

If Taylor’s Law is passed, violators could face a mandatory 58 to 130 months in prison.

Brian Donahue, a defense attorney in Bend, said Monday he understands why people want harsher punishment if their loved ones die.

But he said mandatory prison sentencing takes away the power of judges and juries to make rulings in different cases, depending on the facts in each case. Plus, he said, the bill may not actually scare criminals enough to stop them from dealing drugs.

“Studies have shown that longer jail or prison sentences don’t necessarily deter crime. It’s the fear of being caught in the first place,” Donahue explained. “So if we have a better means of getting people arrested or making people think that they will be arrested, that shows to be a better deterrence than long prison sentences.”

That said, Donahue added he believes a positive aspect of the bill is that it considers a person’s criminal history before the law kicks in. It also helps law enforcement target top-tier drug dealers, rather than low-level street dealers or addicts.

“It’s helping prosecutors (and) it’s helping law enforcement target the people really behind the scenes, out there distributing controlled substances and frankly, ruining people’s lives rather than the street dealer who may not have as much of a role in things and who’s really more of a pawn than anything else,” he said.

If the bill passes, Oregon would join about other 20 states with similar laws. The bill has its first hearing before the House Judiciary Committee next week.

Read HB 2797 here.

Find an FAQ about HB 2797 here.