ARIZONA HOUSE OF REPRESENTATIVES

HB 2635: drug overdose; immunity; limitations

PRIME SPONSOR: Representative Syms, LD 28

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to limitations on immunity for drug possession.

Provisions

1. Excludes a person from eligibility for immunity for possession or use of a controlled substance:

a. If a person was granted immunity once before, unless within 30 days after the current overdose, the person is evaluated and received a referral for treatment from an addiction services provider or treatment professional.

b. If a person was granted immunity twice before. (Sec. 1)

2. Makes a technical change. (Sec. 1)

Current Law

Laws 2018, 1^st Special Session, Chapter 1, Section 6 states a person who seeks medical assistance for someone experiencing a drug-related overdose or a person who experiences a drug-related overdose in need of medical assistance may not be charged for the possession or use of a controlled substance, if the evidence was obtained from the person's need for medical assistance.

The act of seeking medical assistance for someone overdosing may be used as a mitigating circumstance in a criminal prosecution.

This section will become effective on April 26^th, 2018.

A.R.S. § 13-3451 defines controlled substance.

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Fifty-third Legislature                  HB 2635

Second Regular Session                               Version 1: Judiciary & Public Safety

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