Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/07/2020  

Overdoses; arrest and prosecution when experiencing or reporting.

Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; intoxication in public; or possession of controlled paraphernalia if (i) such individual (a) seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, or (b) is experiencing an overdose and another individual seeks or obtains emergency medical attention for him; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. Current law provides an affirmative defense to such offenses only when an individual seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose.

Date Version PDF TXT
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20104169D Open

            

2020 SESSION

    20104169D
    SENATE BILL NO. 667
    Offered January 8, 2020
    Prefiled January 7, 2020
    A BILL to amend and reenact � 18.2-251.03 of the Code of Virginia, relating to arrest and prosecution when experiencing or reporting overdoses.
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    Patrons-- Boysko, Bell, Morrissey and McClellan
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    Referred to Committee on the Judiciary
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    Be it enacted by the General Assembly of Virginia:

    1. That � 18.2-251.03 of the Code of Virginia is amended and reenacted as follows:

    18.2-251.03. Arrest and prosecution when experiencing or reporting overdoses.

    A. For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.

    B. It shall be an affirmative defense to No individual shall be subject to arrest or prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol pursuant to � 4.1-305, possession of a controlled substance pursuant to � 18.2-250, possession of marijuana pursuant to � 18.2-250.1, intoxication in public pursuant to � 18.2-388, or possession of controlled paraphernalia pursuant to � 54.1-3466 if:

    1. Such individual, (i) in good faith, seeks or obtains emergency medical attention (a) for himself, if he is experiencing an overdose, or (b) for another individual, if such other individual is experiencing an overdose, or (ii) is experiencing an overdose and another individual, in good faith, seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose to a firefighter, as defined in � 65.2-102, emergency medical services personnel, as defined in � 32.1-111.1, a law-enforcement officer, as defined in � 9.1-101, or an emergency 911 system;

    2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;

    3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and

    4. The evidence for the prosecution of an offense enumerated in this subsection was would have been obtained only as a result of the an individual seeking or obtaining emergency medical attention.

    C. No individual may assert the affirmative defense provided for in this The provisions of this section if the shall not apply to any person who sought or obtained seeks or obtains emergency medical attention for himself or another individual, or to a person experiencing an overdose when another individual seeks or obtains emergency medical attention for him, during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.

    D. This section does not establish an affirmative defense protection from arrest or prosecution for any individual or offense other than those listed in subsection B.

    Picture Name From Date Type
    Jennifer B. Boysko D-Richmond Sponsor
    Joseph D. Morrissey D-Richmond Cosponsor
    John J. Bell D-Richmond Cosponsor
    Date Branch Action
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20104169D
    01/07/2020 Senate Senate: Referred to Committee on the Judiciary
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