HB 532

Abstract

Safe reporting of overdoses; immunity from prosecution. Providesthat no individual (i) who sought or obtained emergency medical attention forhimself or for another individual because of a drug or alcohol-related overdoseor (ii) is experiencing a drug or alcohol-related overdose and anotherindividual, in good faith, seeks or obtains emergency medical attention forsuch individual shall be prosecuted for unlawful purchase, possession, orconsumption of alcohol, simple possession of a controlled substance, possessionof marijuana, intoxication in public, or possession of controlledparaphernalia. Under current law, an affirmative defense against such offensesis available for an individual who sought or obtained emergency medicalattention for himself or for another individual because of a drug-related oralcohol-related overdose. The bill also adds the statewide poison controlsystem to the list of emergency care providers to whom individuals mustcontemporaneously report such overdoses in order to qualify for immunity fromprosecution. The bill also states that no individual who is immune fromprosecution pursuant to the provisions of the bill shall be found to be inviolation of any term or condition of probation, parole, postreleasesupervision, pretrial supervision, a suspended sentence, or bail, bond, orrecognizance on the basis of evidence obtained as a result of an individual'sseeking or obtaining emergency medical attention and that the real or personalproperty of an individual who is immune from prosecution that was used inconnection with or derived from the specified offenses shall not be subject toforfeiture to the Commonwealth. The bill also provides that immunity fromprosecution does not apply to an individual who seeks or obtains emergencymedical attention for himself or another individual, or who is experiencing anoverdose when another individual seeks or obtains emergency medical attentionfor such individual, during the execution of a search warrant or during theconduct of a lawful search or a lawful arrest.