Overdoses; arrest and prosecution when experiencing or reporting. (SB667)

Introduced By

Sen. Jennifer Boysko (D-Herndon) with support from co-patron Sen. Joe Morrissey (D-Richmond)

Progress

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

Description

Arrest and prosecution when experiencing or reporting overdoses. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; intoxication in public; or possession of controlled paraphernalia if (i) such individual (a) seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, or (b) is experiencing an overdose and another individual seeks or obtains emergency medical attention for him; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no law-enforcement officer acting in a good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution. Current law provides an affirmative defense to such offenses only when an individual seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/07/2020Prefiled and ordered printed; offered 01/08/20 20104169D
01/07/2020Referred to Committee on the Judiciary
02/05/2020Reported from Judiciary with amendment (9-Y 3-N) (see vote tally)
02/07/2020Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/10/2020Read second time
02/10/2020Reading of amendment waived
02/10/2020Committee amendment agreed to
02/10/2020Engrossed by Senate as amended SB667E
02/10/2020Printed as engrossed 20104169D-E
02/11/2020Engrossment reconsidered by Senate (39-Y 1-N) (see vote tally)
02/11/2020Reading of amendment waived
02/11/2020Amendment by Senator Boysko agreed to
02/11/2020Reengrossed by Senate as amended SB667E2
02/11/2020Printed as reengrossed 20104169D-E2
02/11/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2020Passed Senate (40-Y 0-N) (see vote tally)
02/14/2020Placed on Calendar
02/14/2020Read first time
02/14/2020Referred to Committee for Courts of Justice
02/21/2020Assigned Courts sub: Criminal
02/28/2020Subcommittee recommends reporting (4-Y 3-N)
03/02/2020Reported from Courts of Justice (13-Y 6-N) (see vote tally)
03/04/2020Read second time
03/05/2020Read third time
03/05/2020Passed House (59-Y 40-N)
03/05/2020VOTE: Passage (59-Y 40-N) (see vote tally)
03/12/2020Enrolled
03/12/2020Bill text as passed Senate and House (SB667ER)
03/12/2020Signed by President
03/12/2020Signed by Speaker
03/17/2020Enrolled Bill Communicated to Governor on March 17, 2020
03/17/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/09/2020G Approved by Governor-Chapter 1016 (effective 7/1/20)
04/09/2020G Acts of Assembly Chapter text (CHAP1016)

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