CORRECTED Feb 05 2018
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REFERENCE TITLE: drug overdose; immunity; limitations |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2635 |
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Introduced by Representatives Syms: Clodfelter, Cook, Farnsworth E, Kern, Leach, Livingston, Norgaard, Toma
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AN ACT
amending section 13‑3423, Arizona Revised Statutes, as added by laws 2018, first special session, chapter 1, section 6; relating to drug offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13‑3423, Arizona Revised Statutes, as added by Laws 2018, first special session, chapter 1, section 6, is amended to read:
13-3423. Medical assistance requests; prohibited prosecution of Good Samaritans; mitigating factor; definitions
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 or a preparatory offense if the evidence for the violation was gained as a result of the person's seeking medical assistance.
B. A person who experiences a drug-related overdose, who is in need of medical assistance and for whom medical assistance is sought pursuant to subsection A of this section 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 person's overdose and 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.
D. This section does not limit either:
1. The admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify under subsection A or B of this section or with regard to any other crime.
2. The ability to seize contraband or make an arrest for any other offense.
E. This section does not prohibit a person specified in subsection A or B of this section from being offered a diversion program for an offense other than the possession or use of a controlled substance or drug paraphernalia or a preparatory offense.
F. This section does not apply to a person who either:
1. Was granted immunity once before pursuant to this section unless the person, within thirty days after the current drug‑related overdose, seeks and obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional.
2. Was granted immunity twice before pursuant to this section.
F. G. For the purposes of this section:
1. "Medical assistance" means aid provided by a health care professional who is licensed, registered or certified in this state, who is acting within the health care professional's scope of practice and who provides a diagnosis, treatment or other medical service.
2. "Seeks medical assistance" means to call 911 or otherwise contact law enforcement, poison control or a hospital emergency department.