State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2038: drug overdose review teams; records

PRIME SPONSOR: Representative Carter, LD 15

BILL STATUS: Judiciary & Public Safety

 

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to local drug overdose fatality review teams.

Provisions

1.       Requires law enforcement agencies to provide unredacted reports to a local drug overdose fatality review team on request. (Sec. 1)

2.       States all information and records obtained by a local drug overdose fatality review team are confidential and cannot be used as evidence in court. (Sec. 1)

3.       Prohibits team members and meeting participants from being questioned in a civil or criminal proceeding or disciplinary action relating to the information presented. (Sec. 1)

Current Law

A.R.S. § 36-198 establishes the Statewide Drug Overdose Fatality Review Team and its duties, which include:

·         Encourage and assist in the development of local drug overdose fatality review teams, and

·         Develop standards and protocols for local drug overdose fatality review teams and provide training and technical assistance to these teams.

A.R.S. § 36-198.01 outlines the access to information and confidentiality. A law enforcement agency, with the approval of the prosecuting attorney, may withhold investigative records from a team that might interfere with a pending criminal investigation or prosecution. A law enforcement agency is not required to produce the information requested under the subpoena if the evidence relates to a pending criminal investigation or prosecution.

Members of a team, persons attending a team meeting and persons who present information to a team may not be questioned in any civil or criminal proceeding relating to the information presented or opinions formed as a result of a meeting.

A person who violates the confidentiality requirements of this section is guilty of a Class 2 misdemeanor (up to 4 months/up to $750+surcharges).

Additional Information

The most recent Yavapai County Overdose Fatality Review Board report can be found here.

 

 

 

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Fifty-third Legislature                  HB 2038

Second Regular Session                               Version 1: Judiciary & Public Safety

 

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