Individuals experiencing or reporting overdoses while incarcerated; disciplinary procedures. (HB161)

Introduced By

Del. Holly Seibold (D-Vienna) with support from co-patron Del. Marty Martinez (D-Leesburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Arrest, prosecution, and disciplinary or administrative procedures and penalties for individuals experiencing or reporting overdoses while incarcerated. Provides that no individual incarcerated in a local, regional, or state correctional facility shall be subject to arrest or prosecution for or disciplinary or administrative procedures or penalties related to the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; procurement, sale, secretion, or possession of any chemical compound not lawfully received; intoxication in public; or possession of controlled paraphernalia if such individual seeks or obtains emergency medical attention for himself or another individual experiencing an overdose or is experiencing an overdose and another individual seeks or obtains emergency medical attention for him. The bill also provides that no correctional officer, deputy sheriff, or jail officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution or disciplinary procedures or penalties. Read the Bill »


Bill Has Failed


01/02/2024Prefiled and ordered printed; offered 01/10/24 24100848D
01/02/2024Referred to Committee for Courts of Justice
01/19/2024Assigned Courts sub: Criminal
01/23/2024Assigned Courts sub: Criminal
01/24/2024House subcommittee amendments and substitutes offered
01/24/2024Subcommittee recommends reporting with substitute (7-Y 1-N)
01/24/2024Subcommittee recommends referring to Committee on Appropriations
01/26/2024Committee substitute printed 24106108D-H1
01/26/2024Assigned App. sub: Transportation & Public Safety
01/26/2024Reported from Courts of Justice with substitute (13-Y 8-N) (see vote tally)
01/26/2024Referred to Committee on Appropriations
01/30/2024Impact statement from DPB (HB161H1)
01/31/2024Subcommittee recommends reporting (5-Y 3-N)
02/02/2024Reported from Appropriations (13-Y 9-N) (see vote tally)
02/06/2024Read first time
02/07/2024Read second time
02/07/2024Committee substitute agreed to 24106108D-H1
02/07/2024Engrossed by House - committee substitute HB161H1
02/08/2024Read third time and passed House (63-Y 34-N)
02/08/2024VOTE: Passage (63-Y 34-N) (see vote tally)
02/09/2024Constitutional reading dispensed
02/09/2024Referred to Committee for Courts of Justice
02/21/2024Reported from Courts of Justice (9-Y 6-N) (see vote tally)
02/23/2024Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/26/2024Read third time
02/26/2024Passed by for the day
02/27/2024Read third time
02/27/2024Passed Senate (21-Y 18-N) (see vote tally)
03/04/2024Bill text as passed House and Senate (HB161ER)
03/04/2024Impact statement from DPB (HB161ER)
03/04/2024Signed by Speaker
03/07/2024Signed by President
03/11/2024Enrolled Bill communicated to Governor on March 11, 2024
03/11/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
03/20/2024G Vetoed by Governor
04/17/2024House sustained Governor's veto

Post a Public Comment About this Bill

if you have one

(Limited HTML is OK: <a>, <em>, <strong>, <s>)