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SB16-042: Immunity For Persons Involved In Overdose Events

Criminal Justice
Bill Number: SB16-042
Year: 2016
ACLU Position: Support
Sponsors: D. Moreno / I. Aguilar

Description:

Under current law, a person who reports an emergency drug or
alcohol overdose event is immune from criminal prosecution for certain
drug-related offenses if certain conditions are satisfied. The bill amends
these circumstances and extends this immunity to (1) apply to one or 2
other persons who also satisfy the reporting conditions and (2) immunize
the reporters from arrests as well as from prosecutions.
Under current law, an underage person who calls 911 and reports
that another underage person is in need of medical assistance due to
alcohol or marijuana consumption is immune from criminal prosecution
for certain offenses if certain conditions are satisfied. The bill amends
these circumstances and extends this immunity to (1) apply to one or 2
other persons who also satisfy the reporting conditions and (2) immunize
the reporters from arrests as well as from prosecutions. The bill also
extends this immunity to the underage person who was in need of medical
assistance.
A person who reports an emergency drug or alcohol overdose
event and who meets the requirements for immunity is not subject to a
violation of any condition of pretrial release, probation, or parole if the
violation arises from the same course of events from which the
emergency drug or alcohol overdose event arose.
If a person reports an emergency drug or alcohol overdose event,
and the person meets the requirements for immunity, and the person is
subject to an arrest warrant, a law enforcement officer responding to the
emergency drug or alcohol overdose event, in lieu of making an arrest,
shall issue a summons to the person if:
• The warrant involves a failure to appear, a failure to pay a
fine, or any misdemeanor, petty offense, or traffic offense;
and
• The warrant does not involve a felony alleged to have been
committed by the person.
If a person suffers an emergency drug or alcohol overdose event,
the event is reported in good faith, and the person is subject to an arrest
warrant, a law enforcement officer responding to the emergency drug or
alcohol overdose event, in lieu of making an arrest, shall issue a summons
to the person if:
• The warrant involves a failure to appear, a failure to pay a
fine, or any misdemeanor, petty offense, or traffic offense;
and
• The warrant does not involve a felony alleged to have been
committed by the person.


Current Status:

Senate Committee on Judiciary Postpone Indefinitely (02/17/2016)



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