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New Bill in North Carolina Allows Drug Dealers to be Charged for Overdoses

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  • North Carolina’s Governor Roy Cooper signed House Bill 474 on Monday, also known as the “death by distribution” act. 
  • Under the new law, anyone illegally selling controlled substances that cause a person’s death could be hit with the same type of felony charge and punishment as second-degree murder.
  • Supporters of the law say harsher punishment and charges will make drug dealers think twice about selling controlled substances.
  • Meanwhile, those against the bill say that not only is the act targeting the wrong people, but it could deter people from calling 911 if someone is overdosing.

The Bill

Prosecutors in North Carolina will be able to charge anyone illegally selling a controlled substance with the same type of felony charge and punishment as second-degree murder if the substance they sold resulted in an overdose and “was the proximate cause of the victim’s death,” according to a new bill. 

Under the new law, which was signed by Governor Roy Cooper on Monday, an illegal seller or drug dealer could face one of two charges if found guilty: aggravated death by distribution or death by distribution. The main difference between the two is that the charge becomes aggravated when the suspect has a similar previous conviction. 

Suspects charged with aggravated death by distribution face a Class B2 felony, which according to North Carolina’s court system, is the same class as a second-degree murder charge and carries a maximum sentence of 484 months in prison. 

The other charge, death by distribution, is deemed a Class C felony, which is the same class as first-degree kidnapping or assault and has a maximum sentence of 19 years in prison. 

The bill specifically states that the charges only apply to illegal sellers.

Lawmakers behind the bill say they hope the act will, “encourage effective intervention by the criminal justice system to hold illegal drug dealers accountable for criminal conduct that results in death.”

Responses

One of the sponsors of the bill, Representative Dean Arp, says that the act is necessary and compares the law to a drunk driver being punished if they killed someone. 

“You didn’t do it with malice, but you did kill somebody so you still have to be held accountable,”  he told local reporters

District attorneys around North Carolina have spoken out in support of the bill as well. Cumberland County’s Billy West stated: “it’s a violent crime, and this bill treats it like a violent crime.”

Union County’s Trey Robinson told members of the House Judiciary Committee, “we have a hole in our law that is preventing us from going after people who are actually selling this stuff as a commercial enterprise.”

However, others have argued the act will harm the already existing Good Samaritan Law, which prevents people from being criminally prosecuted if they call 911 or other law enforcement for help during a drug overdose. 

Representative Sydney Batch was one of the lawmakers who spoke out against the bill. She previously told WRAL, “I’m concerned people are not going to call when their friend, a family member or someone else [overdoses].”

A line was later added to the bill, specifically stating that death by distribution will not “restrict or interfere with the rights and immunities provided” under the Good Samaritan law. This prompted Batch to vote for the bill to pass when the North Carolina House of Representatives met in June.

Other Reactions

Some who have also voiced their concerns are parents whose children have died from an overdose, worrying the law targets the wrong group as criminals. 

“We don’t care about the subsistence dealer. We don’t care about 16-year-olds sharing needles,” one mother told local papers. “We care about the people that have established a chain of commerce and are bringing this stuff into our counties. That’s who we’re trying to get.” 

Others on social media agreed with the parents and echoed their concerns on Twitter. Some posted about how the bill will not incarcerate the right people and called it “a huge step backward.” 

Even though the law has been signed, it will not go into effect until December. Some people in North Carolina are still protesting the act, with one planned for Wednesday night.

See what others are saying: (WRAL) (WFMY News) (CNN)

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Florida Breaks Its Record for New Daily COVID-19 Cases and Hospitalizations

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The Sunshine State now accounts for 20% of all new COVID-19 cases nationwide.


Florida Becomes COVID Epicenter

Florida reported 10,207 COVID-19 hospitalizations on Sunday, marking its largest single-day count to date. The grim record comes just one day after the Centers for Disease Control and Prevention released data showing that the state had counted 21,683 new infections Friday, its highest record of daily cases since the start of the pandemic.


Florida has become the new epicenter of the most recent U.S. outbreaks driven by the delta variant. The state now accounts for one out of every five new cases, and the weekend numbers are highly significant because they surpass previous records that were logged before vaccines were readily available.

Notably, Florida’s vaccination rate is actually the exact same as the nationwide average of 49% fully vaccinated, according to The New York Times tracker. In fact, Florida’s rate is the highest among the top 10 states currently reporting the most COVID cases.

While Gov. Ron DeSantis (R) has encouraged Florida residents to get vaccinated, he and the state’s legislature have also made it much harder for local officials to enforce protections to mitigate further spread.

DeSantis Bars Masking in Schools

On the same day that the state reported its highest cases ever, DeSantis signed an executive order banning school districts from requiring students to wear a mask when they go back to school later this month.

The move directly contradicts guidance issued by the CDC last week, which recommended that everyone inside K-12 schools wear a face covering.

DeSantis, for his part, has repeatedly claimed the spikes are part of “seasonal” increases driven by more people being indoors and air-conditioning systems circulating the virus. Still, he argued also Friday that he did not think masks were necessary to prevent children from transmitting COVID in the classroom, where they are inside with air conditioning.

At the same time, last week, Florida reported more than 21,000 infections among children younger than 19.

Florida is not the only state that has banned schools from requiring masks. In fact, many of the states suffering the biggest spikes have done the same, including Arkansas, Oklahoma, and Texas — which all currently rank among the top 10 states with the highest per capita COVID cases.

See what others are saying: (The Washington Post) (NPR) (Axios)

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Biden to Mandate COVID Vaccines for Federal Workers as CDC Changes Masking Guidance

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News of the efforts came on the same day that the U.S. reported more than 100,000 new daily COVID cases for the first time since February.


Federal Vaccine Mandate

President Joe Biden will announce Thursday that all federal employees must get vaccinated against COVID-19 or consent to strict testing and other safety precautions, White House officials told reporters Tuesday.

Earlier in the day, Biden said he was considering the requirement but did not provide any more information.

While the officials also said the details are still being hashed out, they did note that the policy would be similar to ones recently put in place by California and New York City, which respectively required state and city workers to get the jab or submit to regular testing.

Also on Tuesday, the Centers for Disease Control and Prevention updated their guidelines to recommend that Americans who live in areas “of substantial or high transmission,” as well as all students and teachers, wear masks indoors regardless of their vaccination status.

Delta Causes Spikes, But Vaccines Still Prove Effective

The renewed COVID mitigation efforts come as the delta variant is driving massive surges all over the country.

Coronavirus cases have quadrupled throughout July, jumping from a weekly average of 11,799 on the first day of the month to 63,248 on Tuesday, according to The New York Times tracker. Tuesday also saw new daily infections topping 100,000 for the first time since February, with more than 108,000 reported, per The Times.

While the vast majority of new infections are among people who have not been vaccinated, there have also been increasing reports of breakthrough cases in people who have received the jab. 

Those cases, however, do not mean that the vaccines are not effective. 

No vaccine prevents 100% of infections. Health officials have said time and time again that the jabs are intended to prevent severe disease and death, and they are doing just that.

According to the most recent data for July 19, the CDC reported that only 5,914 of the more than 161 million Americans who have gotten the vaccine were hospitalized or died from COVID-19 — a figure that represents 0.0036% of vaccinated people.

While safety precautions may be recommended for some people who have received the vaccine, many media narratives have overstated the role breakthrough cases play in the recent spikes. As New York Magazine explains, it is imperative to understand these new mask recommendations are not happening because the vaccine is not effective, but because not enough people are getting the vaccine.

“Because breakthrough infections have so often made the news due to their novelty, that can create a perception of more cases than are actually happening — particularly without more robust tracking of the actual cases to provide context,” the outlet wrote.

See what others are saying: (The Washington Post) (The New York Times) (CNBC)

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Wisconsin Police Deny Planting Evidence in Viral Video, Release Their Own Body Cam Footage

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The footage police released shows that during a search, officers found a corner tear from a plastic bag inside a backseat passenger’s pocket. An officer then discarded it into the car after determining that it was empty.


Viral Video Appears To Show Officer Planting Evidence

The Caledonia Police Department in Wisconsin has responded to a viral cell phone video that appears to show an officer planting a small plastic baggie inside of a car during a traffic stop.

The now-viral footage was posted to Facebook by a man who goes by GlockBoy Savoo.

The user, who also filmed the clip, wrote in his post’s caption that the officer did this “just to get a reason to search the car” and said the cop didn’t know he was being recorded by the passenger.

Source: Facebook/ GlockBoy Savoo

Police Shut Down Accusations With Their Own Footage

After that video spread across social media, many were outraged, calling the Caledonia police dirty for seemingly planting evidence. All the outrage eventually prompted the department to announce an investigation Saturday.

Within hours, the department provided an update, claiming that officers didn’t actually plant any evidence or do anything illegal.

Police shared a lengthy summary of events, along with two body camera clips from the incident. That statement explained that the driver of the vehicle was pulled over for going 63 in a 45mph zone.

Two passengers in the backseat who were then spotted without seatbelts were asked to identify themselves and step out of the car. During a search of one passenger’s pockets, an officer pulled out “an empty corner tear” from a plastic baggie.

Police claim the corner tear did not contain any illegal substances, though they said this type of packaging is a common method for holding illegal drugs.

In one body cam clip, an officer can be heard briefly questioning the backseat passenger about the baggie. Then, that piece of plastic gets handed off to different officers who also determined it as empty before the officer in the original viral video discarded it into the back of the car.

The officer can also be seen explaining where the plastic came from to the passenger recording him.

“Aye, bro you just threw that in here!” the front seat passenger says, as heard in his version of the events.

“Yeah, cause it was in his pocket and I don’t want to hold onto it. It’s on their body cam that they took it off of him…I’m telling you where it came from, so. It’s an empty baggie at the moment too, so,” the officer replies.

The department went on to explain that while it would discourage officers from discarding items into a citizen’s car, this footage proves that evidence was not planted.

Authorities also noted that no arrests were made in this incident and the driver was the only one issued a citation for speeding. The statement added that since four officers were present at the scene, police have more than six hours of footage to review but they promised to release the footage in full in the near future.

See what others are saying: (Heavy)(CBS 58) (Milwaukee Journal Sentinel)

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