Safe reporting of overdoses; immunity from prosecution. (HB532)

Introduced By

Del. Betsy Carr (D-Richmond) with support from co-patron Del. Kaye Kory (D-Falls Church)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Safe reporting of overdoses; immunity from prosecution. Provides that no individual (i) who sought or obtained emergency medical attention for himself or for another individual because of a drug or alcohol-related overdose or (ii) is experiencing a drug or alcohol-related overdose and another individual, in good faith, seeks or obtains emergency medical attention for such individual shall be prosecuted for unlawful purchase, possession, or consumption of alcohol, simple possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia. Under current law, an affirmative defense against such offenses is available for an individual who sought or obtained emergency medical attention for himself or for another individual because of a drug-related or alcohol-related overdose. The bill also adds the statewide poison control system to the list of emergency care providers to whom individuals must contemporaneously report such overdoses in order to qualify for immunity from prosecution. The bill also states that no individual who is immune from prosecution pursuant to the provisions of the bill shall be found to be in violation of any term or condition of probation, parole, postrelease supervision, pretrial supervision, a suspended sentence, or bail, bond, or recognizance on the basis of evidence obtained as a result of an individual's seeking or obtaining emergency medical attention and that the real or personal property of an individual who is immune from prosecution that was used in connection with or derived from the specified offenses shall not be subject to forfeiture to the Commonwealth. The bill also provides that immunity from prosecution does not apply to an individual who seeks or obtains emergency medical attention for himself or another individual, or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for such individual, during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/05/2020Committee
01/05/2020Prefiled and ordered printed; offered 01/08/20 20102254D
01/05/2020Referred to Committee on Public Safety
01/17/2020Referred from Public Safety
01/17/2020Referred to Committee for Courts of Justice
01/28/2020Assigned Courts sub: Criminal
01/29/2020Subcommittee recommends laying on the table (5-Y 3-N)
02/11/2020Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 20 seconds.

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