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REFERENCE TITLE: reasonable assistance; emergencies; Good Samaritans |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2347 |
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Introduced by Representatives Simacek: Abeytia, Aguilar, Blattman, Cavero, Contreras P, Garcia, Gutierrez, Liguori, Stahl Hamilton, Villegas, Volk
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AN ACT
AMENDING SECTION 13-3423, ARIZONA REVISED STATUTES; 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, is amended to read:
13-3423. Good Samaritans; emergency assistance; medical assistance requests; prohibited prosecution; mitigating factor; classification; definitions
A. A person who is at the scene of an emergency and who knows that another person is experiencing a drug-related overdose, to the extent that the person can do so without danger or peril to self or others, shall give reasonable assistance to the drug-exposed person. A person who violates this subsection is guilty of a petty offense.
A. B. 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. c. 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 B 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. D. 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. E. 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 or C 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. F. This section does not prohibit a person specified in subsection A or B or C 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. 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. "Reasonable assistance" includes obtaining or attempting to obtain aid from law enforcement or medical personnel.
2. 3. "Seeks medical assistance" means to call 911 or otherwise contact law enforcement, poison control or a hospital emergency department.