Experiencing or reporting overdoses; prohibits arrest and prosecution. (HB1821)

Introduced By

Del. David Bulova (D-Fairfax) with support from 9 copatrons, whose average partisan position is:

Those copatrons are Del. Betsy Carr (D-Richmond), Del. Elizabeth Guzman (D-Dale City), Del. Dan Helmer (D-Fairfax Station), Del. Chris Hurst (D-Blacksburg), Del. Kaye Kory (D-Falls Church), Del. Mark Levine (D-Alexandria), Del. Alfonso Lopez (D-Arlington), Del. Kathleen Murphy (D-McLean), Del. Rodney Willett (D-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Arrest and prosecution when experiencing or reporting overdoses. Prohibits the arrest or prosecution of an individual 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, in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention; (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 the individual's rendering emergency care or assistance. Current law prohibits arrest or prosecution for such offenses only 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 him. Read the Bill »


02/25/2021: signed by governor


01/06/2021Prefiled and ordered printed; offered 01/13/21 21102028D
01/06/2021Referred to Committee for Courts of Justice
01/12/2021Impact statement from DPB (HB1821)
01/14/2021Assigned Courts sub: Criminal
01/15/2021Subcommittee recommends reporting with amendments (7-Y 1-N)
01/20/2021Reported from Courts of Justice with amendment(s) (19-Y 3-N) (see vote tally)
01/21/2021Read first time
01/22/2021Read second time
01/22/2021Committee amendments agreed to
01/22/2021Engrossed by House as amended HB1821E
01/22/2021Printed as engrossed 21102028D-E
01/25/2021Impact statement from DPB (HB1821E)
01/25/2021Read third time and passed House (87-Y 13-N)
01/25/2021VOTE: Passage (87-Y 13-N) (see vote tally)
01/26/2021Constitutional reading dispensed
01/26/2021Referred to Committee on the Judiciary
02/05/2021Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (see vote tally)
02/10/2021Reported from Judiciary (11-Y 3-N) (see vote tally)
02/12/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/15/2021Read third time
02/15/2021Passed Senate (31-Y 8-N) (see vote tally)
02/17/2021Bill text as passed House and Senate (HB1821ER)
02/17/2021Impact statement from DPB (HB1821ER)
02/17/2021Signed by President
02/18/2021Signed by Speaker
02/19/2021Enrolled Bill communicated to Governor on February 19, 2021
02/19/2021G Governor's Action Deadline 11:59 p.m., February 26, 2021
02/25/2021G Approved by Governor-Chapter 29 (effective 7/1/21)
02/25/2021G Acts of Assembly Chapter text (CHAP0029)