Overdoses; safe reporting. (HB1930)

Introduced By

Del. Betsy Carr (D-Richmond) with support from co-patron Sen. Jennifer McClellan (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Safe reporting of overdoses. Extends to an individual experiencing a drug-related or alcohol-related overdose the affirmative defense to prosecution 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 another individual, in good faith, sought or obtained emergency medical attention for the individual experiencing the overdose. Under current law, the affirmative defense applies only to an individual who sought or obtained emergency medical attention for another individual experiencing an overdose or to an individual who sought or obtained emergency medical attention for himself. Read the Bill »


Bill Has Failed


01/10/2017Prefiled and ordered printed; offered 01/11/17 17100409D
01/10/2017Referred to Committee for Courts of Justice
01/13/2017Assigned Courts sub: Criminal Law
02/01/2017Subcommittee recommends laying on the table
02/07/2017Left in Courts of Justice


Molly MacBean writes:

HB1930 should have been passed. Doctors and nurses, and police support this. 100% of the 70 plus people at the Monday 1/30/17 hearing supported the bill. The police (City of Richmond), the Attorney General's office,and families 100%. Do legislators really believe people intentionally overdose to maintain drug use? Do diabetics eat candy to go into a coma? Many overdoses result in death because no one wants to be prosecuted. Getting arrested while overdosing is insane. The right to live is being taken away. If your son or daughter overdoses, would you sit by and do nothing because you would be suspected of using and arrested? No one presumes immunity from prosecution will extend drug use. Drug use will certainly not be contained if users who witness an overdose leave the victim to fend for himself.