PREFILED JAN 08 2018
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REFERENCE TITLE: medical assistance requests; evidence; mitigation |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2101 |
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Introduced by Representatives Powers Hannley: Alston, Blanc, Bolding, Butler, Clark, Engel, Epstein, Fernandez, Friese, Gabaldón, Navarrete, Saldate, Salman
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AN ACT
amending title 13, chapter 34, Arizona Revised Statutes, by adding section 13‑3423; relating to drug offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3423, to read:
13-3423. Medical assistance requests; prohibited prosecution of Good Samaritan; mitigating factor
A. A person who, in good faith, seeks medical assistance for someone experiencing a drug related overdose may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the seeking of medical assistance.
B. A person who experiences a drug related overdose and who is in need of medical assistance may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the overdose and the need for medical assistance.
C. The act of seeking medical assistance for someone who is experiencing a drug related overdose may be used as a mitigating factor in a criminal prosecution for a violation of this chapter.