CORRECTED   Feb 05 2018

REFERENCE TITLE: drug overdose; immunity; limitations

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HB 2635

 

Introduced by

Representatives Syms: Clodfelter, Cook, Farnsworth E, Kern, Leach, Livingston, Norgaard, Toma

 

 

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:

START_STATUTE13-3423.  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. END_STATUTE