BILL ANALYSIS Ó AB 472 Page 1 ASSEMBLY THIRD READING AB 472 (Ammiano) As Introduced February 15, 2011 Majority vote PUBLIC SAFETY 5-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, Hill, | | | | |Mitchell, Skinner | | | | | | | | ----------------------------------------------------------------- SUMMARY : Provides that it shall not be a crime to be under the influence of, or in possession of, a controlled substance or drug paraphernalia if that individual seeks medical assistance for himself, herself or another person for a drug-related overdose. Specifically, this bill : 1)States that drug overdose is the second leading cause of injury and death in the United States, behind motor vehicle accidents and ahead of firearms. These deaths are not confined to adults, but also devastate California's youth. California has the highest number of overdose deaths. 2)States that the State Department of Alcohol and Drug Programs reported that there were 3,102 overdose deaths in 2002, the first year such deaths were tracked; by 2006, the number of overdose deaths had increased to 3,646. 3)States that researchers continually identify fear of arrest or police involvement as the most significant barrier to seeking medical assistance in a drug-related overdose. Additionally, if criminal punishment is intended to deter drug abuse, it is clearly too late to deter such abuse when an overdose is already occurring. 4)States legislative intent to encourage a witness of a drug-related overdose to call "911" or seek medical assistance in a timely manner in order to save the life of an overdose victim by establishing a state policy exempting drug possession or drug paraphernalia possession from criminal prosecutions in situations involving medical emergencies. 5)States legislative intent to protect individuals from prosecution AB 472 Page 2 for other offenses or to interfere with law enforcement protocols to secure the scene of an overdose. 6)States that it shall not be a crime for a person to be under the influence of a controlled substance or to possess a controlled substance, controlled substance analog, or drug paraphernalia for personal use, if: a) That person seeks medical attention in good faith for another person experiencing a drug-related overdose; b) The drug-related overdose is related to the possession of a controlled substance, a controlled substance analog, or drug paraphernalia of the person seeking medical assistance; and, c) That person does not obstruct medical or law enforcement personnel. 7)States that 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 a controlled substance or to possess a controlled substance, controlled substance analog, or drug paraphernalia for personal use if that person or another at the scene of the overdose seeks medical attention in good faith for a drug-related overdose. 8)States that this section does 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. 9)States that nothing in this section affects liability for any offense that involves activities made more dangerous by the consumption of a controlled substance or a controlled substance analog, including, but not limited to, specified sections of the Vehicle Code. 10)Defines "drug-related overdose" as 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 or ordinary knowledge would believe the condition to be a drug-related AB 472 Page 3 overdose. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "Drug overdose is a serious problem in California. Between 2000 and 2006, California witnessed a 24% increase in the overdose death rate from 7.4 deaths per 100,000 people in 2000 to 9.8 deaths per 100,000 in 2006. Many overdoses are reversible if the individual gets medical assistance in time, however one of the most common reasons people cite for not calling 911 when they witness an overdose is fear of police involvement and criminal punishment for themselves or their friends. California can prevent many of these needless drug-related overdose deaths by encouraging witnesses of drug overdoses to call 911. "AB 472 seeks to address the needless overdose deaths that occur when witnesses to an overdose hesitate to contact emergency services because they fear arrest for themselves or for the overdose victim. AB 472 would provide limited criminal immunity to individuals for being under the influence, or in possession of drugs for personal use or drug paraphernalia if they seek medical attention to save the life of someone experiencing an overdose. People would not be protected from prosecution for other offenses, including the trafficking of drugs or driving under the influence and this bill prohibits obstruction of medical or law enforcement personnel. By protecting witnesses who call emergency services from arrest for drug possession and being under the influence, California can prevent many drug-related overdose deaths. "Studies of overdose have shown that death rarely occurs immediately from a drug-related overdose, and most deaths occur 1 to 3 hours after the initial dose of drugs. Thus, timely response by emergency personnel is imperative. A study at Cornell University found that more students contacted emergency services to report overdoses after a Good Samaritan policy was in place. Similarly, New Mexico and Washington have statutes providing immunity for possession of drugs to a person who calls 911 to save the life of an overdose victim, and California must follow in suit, and make saving lives a #1 priority in overdose situations." Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3957 FN: 0000128 AB 472 Page 4