HB 2117

Abstract

Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol or marijuana, possession of a controlled substance, intoxication in public, or possession of controlled paraphernalia if the individual, in good faith, seeks or obtains assistance for himself or another individual from emergency medical services personnel, a health care provider, or a law-enforcement officer, as those terms are defined in relevant law, and seeks to report an act of sexual violence committed against himself or another individual, so long as (i) such individual identifies himself to the law-enforcement officer who responds to the report of the act of sexual violence and (ii) the evidence for the prosecution of such an offense was obtained as a result of the individual seeking or obtaining medical attention, rendering care or assistance, or reporting to law enforcement. However, such immunity shall not apply to an individual who is alleged to have committed the act of sexual violence or if the emergency medical attention was sought or obtained during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.The bill also provides that no individual immune to arrest or prosecution when experiencing or reporting an overdose or act of sexual violence shall have his bail, probation, furlough, supervised release, suspended sentence, or parole revoked for the behavior immune from arrest or prosecution under the provisions of applicable law.

An Act to amend and reenact § 18.2-251.03 of the Code of Virginia, relating to arrest and prosecution when experiencing or reporting an overdose or act of sexual violence.