BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 472
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        ASSEMBLY THIRD READING
        AB 472 (Ammiano)
        As Introduced  February 15, 2011
        Majority vote 

         PUBLIC SAFETY       5-0                                          
         
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        |Ayes:|Ammiano, Cedillo, Hill,   |     |                          |
        |     |Mitchell, Skinner         |     |                          |
        |     |                          |     |                          |
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         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 








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          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 








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          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









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