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

Bill Has Passed

History

DateAction
01/07/2015Prefiled and ordered printed; offered 01/14/15 15102035D
01/07/2015Referred to Committee for Courts of Justice
01/26/2015Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally)
01/27/2015Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/28/2015Read second time
01/28/2015Reading of amendments waived
01/28/2015Committee amendments agreed to
01/28/2015Engrossed by Senate as amended SB892E
01/28/2015Printed as engrossed 15102035D-E
01/29/2015Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/06/2015Placed on Calendar
02/06/2015Read first time
02/06/2015Referred to Committee for Courts of Justice
02/11/2015Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
02/11/2015Committee substitute printed 15105004D-H1
02/12/2015Read second time
02/13/2015Read third time
02/13/2015Committee substitute agreed to 15105004D-H1
02/13/2015Engrossed by House - committee substitute SB892H1
02/13/2015Passed House with substitute (90-Y 4-N)
02/13/2015VOTE: PASSAGE (90-Y 4-N) (see vote tally)
02/17/2015House substitute rejected by Senate (3-Y 34-N) (see vote tally)
02/18/2015Impact statement from DPB (SB892H1)
02/18/2015House insisted on substitute
02/18/2015House requested conference committee
02/20/2015Senate acceded to request (38-Y 0-N) (see vote tally)
02/20/2015Conferees appointed by Senate
02/20/2015Senators: Petersen, Stuart, Garrett
02/23/2015Conferees appointed by House
02/23/2015Delegates: Gilbert, Bell, Robert B., Carr
02/26/2015C Amended by conference committee
02/26/2015Conference substitute printed 15105528D-S1
02/26/2015Conference report agreed to by House (97-Y 0-N)
02/26/2015VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/27/2015Conference report agreed to by Senate (36-Y 1-N) (see vote tally)
02/27/2015Reconsideration of conference report agreed to by Senate (37-Y 0-N) (see vote tally)
02/27/2015Conference report agreed to by Senate (37-Y 0-N) (see vote tally)
03/06/2015Enrolled
03/06/2015Bill text as passed Senate and House (SB892ER)
03/06/2015Impact statement from DPB (SB892ER)
03/06/2015Signed by Speaker
03/07/2015Signed by President
03/10/2015Enrolled Bill Communicated to Governor on 3/10/15
03/10/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/23/2015G Approved by Governor-Chapter 418 (effective 7/1/15)
03/23/2015G Acts of Assembly Chapter text (CHAP0418)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

Comments

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

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.

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

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.