Overdoses; establishes an affirmative defense to prosecution of an individual, etc., safe reporting. (SB892)
Introduced By
Sen. Chap Petersen (D-Fairfax) with support from co-patron Del. Sam Rasoul (D-Roanoke)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Safe reporting of overdoses. Establishes an affirmative defense to prosecution of an individual for (i) simple possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii) the unlawful purchase, possession, or consumption of alcohol if such individual sought or obtained emergency medical attention for himself or for another individual because of a drug- or alcohol-related overdose and if the evidence for the charge was obtained as a result of the individual seeking or obtaining emergency medical attention. The bill provides that the affirmative defense may only be invoked by an individual who (a) remains at the scene of the overdose or at any location to which he is transported for emergency medical attention until a law-enforcement officer responds to the report of an overdose and (b) identifies himself to the responding law-enforcement officer. This affirmative defense does not prohibit the use of such evidence in the prosecution of such individual for any other offense or the prosecution of other individuals for any offense. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/07/2015 | Prefiled and ordered printed; offered 01/14/15 15102035D |
01/07/2015 | Referred to Committee for Courts of Justice |
01/26/2015 | Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally) |
01/27/2015 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
01/28/2015 | Read second time |
01/28/2015 | Reading of amendments waived |
01/28/2015 | Committee amendments agreed to |
01/28/2015 | Engrossed by Senate as amended SB892E |
01/28/2015 | Printed as engrossed 15102035D-E |
01/29/2015 | Read third time and passed Senate (39-Y 0-N) (see vote tally) |
02/06/2015 | Placed on Calendar |
02/06/2015 | Read first time |
02/06/2015 | Referred to Committee for Courts of Justice |
02/11/2015 | Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally) |
02/11/2015 | Committee substitute printed 15105004D-H1 |
02/12/2015 | Read second time |
02/13/2015 | Read third time |
02/13/2015 | Committee substitute agreed to 15105004D-H1 |
02/13/2015 | Engrossed by House - committee substitute SB892H1 |
02/13/2015 | Passed House with substitute (90-Y 4-N) |
02/13/2015 | VOTE: PASSAGE (90-Y 4-N) (see vote tally) |
02/17/2015 | House substitute rejected by Senate (3-Y 34-N) (see vote tally) |
02/18/2015 | Impact statement from DPB (SB892H1) |
02/18/2015 | House insisted on substitute |
02/18/2015 | House requested conference committee |
02/20/2015 | Senate acceded to request (38-Y 0-N) (see vote tally) |
02/20/2015 | Conferees appointed by Senate |
02/20/2015 | Senators: Petersen, Stuart, Garrett |
02/23/2015 | Conferees appointed by House |
02/23/2015 | Delegates: Gilbert, Bell, Robert B., Carr |
02/26/2015 | C Amended by conference committee |
02/26/2015 | Conference substitute printed 15105528D-S1 |
02/26/2015 | Conference report agreed to by House (97-Y 0-N) |
02/26/2015 | VOTE: ADOPTION (97-Y 0-N) (see vote tally) |
02/27/2015 | Conference report agreed to by Senate (36-Y 1-N) (see vote tally) |
02/27/2015 | Reconsideration of conference report agreed to by Senate (37-Y 0-N) (see vote tally) |
02/27/2015 | Conference report agreed to by Senate (37-Y 0-N) (see vote tally) |
03/06/2015 | Enrolled |
03/06/2015 | Bill text as passed Senate and House (SB892ER) |
03/06/2015 | Impact statement from DPB (SB892ER) |
03/06/2015 | Signed by Speaker |
03/07/2015 | Signed by President |
03/10/2015 | Enrolled Bill Communicated to Governor on 3/10/15 |
03/10/2015 | G Governor's Action Deadline Midnight, Sunday, March 29, 2015 |
03/23/2015 | G Approved by Governor-Chapter 418 (effective 7/1/15) |
03/23/2015 | G Acts of Assembly Chapter text (CHAP0418) |
Comments
The ACLU of Virginia strongly supports legislation that treats drug use as a matter of health rather than criminal justice. This legislation would provide an affirmative defense to prosecution of an individual for certain drug and alcohol offenses if the evidence for the charge was gained as a result of the individual seeking or obtaining emergency medical attention for himself or for another individual because of a drug or alcohol-related overdose. Drug use is fundamentally a public health issue and must be dealt with as such.
The ACLU of Virginia strongly supports legislation that treats drug use as a matter of health rather than criminal justice. This legislation would provide an affirmative defense to prosecution of an individual for certain drug and alcohol offenses if the evidence for the charge was gained as a result of the individual seeking or obtaining emergency medical attention for himself or for another individual because of a drug or alcohol-related overdose. Drug use is fundamentally a public health issue and must be dealt with as such.