HB 1821

Abstract

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.

Arrest and prosecution when experiencing orreporting overdoses. Prohibits the arrest or prosecution of anindividual for the unlawful purchase, possession, or consumptionof alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernaliaif (i) such individual, in good faith, renders emergency care orassistance, including cardiopulmonary resuscitation (CPR) or theadministration of naloxone or other opioid antagonist for overdosereversal, to an individual experiencing an overdose while anotherindividual seeks or obtains emergency medical attention; (ii) suchindividual remains at the scene of the overdose or at any locationto which he or the individual requiring emergency medical attentionhas been transported; (iii) such individual identifies himself tothe law-enforcement officer who responds; and (iv) the evidence fora prosecution of one of the enumerated offenses would have been obtainedonly as a result of the individual's rendering emergency care orassistance. Current law prohibitsarrest or prosecution for such offenses only to an individual whoseeks or obtains emergency medical attention for himself or anotherindividual or who is experiencing an overdose when another individualseeks or obtains emergency medical attention for him.