BILL NUMBER: AB 472 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 23, 2011
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 15, 2011
An act to add Section 11376.5 to the Health and Safety Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 472, as amended, Ammiano. Controlled substances: overdose:
punishment.
Existing law, the California Uniform Controlled Substances Act,
classifies controlled substances into 5 designated schedules, with
the most restrictive limitations generally placed on controlled
substances classified in Schedule I, and the least restrictive
limitations generally placed on controlled substances classified in
Schedule V. Existing law generally provides punishment for the
unauthorized use, possession, and sale of controlled substances.
This bill would provide that it shall not be a crime for any
person who experiences a drug-related overdose, as defined, who, in
good faith, seeks medical assistance, or any other person who, in
good faith, seeks medical assistance for the person experiencing a
drug-related overdose, to be under the influence of, or to possess
for personal use, a controlled substance, controlled substance
analog, or drug paraphernalia, under certain circumstances related to
a drug-related overdose that prompted the seeking of medical
assistance if that person does not obstruct medical or law
enforcement personnel. The bill would provide that its provisions
shall not affect laws prohibiting the selling, providing, giving, or
exchanging of drugs for money, goods, or services
, or laws prohibiting the forcible administration of drugs against a
person's will. The bill would provide that it shall not affect
liability for any offense that involves activities made dangerous by
the consumption of controlled substances, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Drug overdose is the second leading cause of injury death in
the United States, behind only motor vehicle accidents and ahead of
firearms. California has the greatest number of overdose deaths in
the country per year. Moreover, drug and alcohol overdose morbidity
and mortality are not confined to adults but also devastate
California's youth.
(b) The State Department of Alcohol and Drug Programs reported
that there were 3,102 overdose deaths in 2002, the first year the
department began tracking overdose deaths in California. By 2006, the
number of overdose deaths had grown to 3,646.
(c) Many overdose fatalities occur because peers delay or forgo
calling 911 or seeking emergency assistance for fear of arrest or
police involvement, which researchers continually identify as the
most significant barrier to the ideal first response of calling
emergency services. Furthermore, if criminal punishment is intended
to deter drug abuse, it is clearly too late to deter such abuse when
a person is already suffering from an overdose.
(d) It is the intent of the Legislature to encourage a witness of
a drug-related overdose to call 911 or seek other emergency
assistance in a timely manner in order to save the life of an
overdose victim by establishing a state policy exempting minor
drug possession or drug paraphernalia possession from criminal
prosecution in situations involving medical emergencies.
(e) It is not the intent of the Legislature to protect individuals
from prosecution for other offenses any
offense not specifi cally described in subdivision (a) or
(b) of Section 11376.5 of the Health and Safety Code , or to
interfere with law enforcement protocols to secure the scene of an
overdose.
SEC. 2. Section 11376.5 is added to the Health and Safety Code, to
read:
11376.5. (a) Notwithstanding any other law, it shall not be a
crime for a person to be under the influence of, or to possess for
personal use, a controlled substance, controlled substance analog, or
drug paraphernalia, if that person, in good faith, seeks medical
assistance for another person experiencing a drug-related overdose
that is related to the possession of a controlled substance,
controlled substance analog, or drug paraphernalia of the person
seeking medical assistance, and that person does not obstruct medical
or law enforcement personnel. No other immunities or
protections from arrest or prosecution for violations of the law are
intended or may be inferred.
(b) Notwithstanding any other law, it shall not be a crime for a
person who experiences a drug-related overdose and who is in need of
medical assistance to be under the influence of, or to possess for
personal use, a controlled substance, controlled substance analog, or
drug paraphernalia if the person or one or more other persons at the
scene of the overdose, in good faith, seek medical assistance for
the person experiencing the overdose. No other immunities or
protections from arrest or prosecution for violations of the law are
intended or may be inferred.
(c) This section shall not affect laws prohibiting the selling,
providing, giving, or exchanging of drugs for money, goods,
or services , or laws prohibiting the forcible
administration of drugs against a person's will.
(d) Nothing in this section shall affect liability for any offense
that involves activities made dangerous by the consumption of a
controlled substance or controlled substance analog, including, but
not limited to, violations of Section 23103 of the Vehicle Code as
specified in Section 23103.5 of the Vehicle Code, or violations of
Section 23152 or 23153 of the Vehicle Code.
(e) For the purposes of this section, "drug-related overdose"
means an acute medical condition that is the result of the ingestion
or use by an individual of one or more controlled substances or one
or more controlled substances in combination with alcohol, in
quantities that are excessive for that individual. An individual's
condition shall be deemed to be a "drug-related overdose" if a
reasonable person of ordinary knowledge would believe the condition
to be a drug-related overdose.