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

Introduced By

Del. David Bulova (D-Fairfax) with support from co-patrons Del. Chris Hurst (D-Blacksburg), Del. Alfonso Lopez (D-Arlington), and 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 »


01/20/2021: passed committee


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 (7-Y 1-N)
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

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