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.
Year
2016
Current status
- Senate Committee on Judiciary Postpone Indefinitely (02/17/2016)
