BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 472|
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THIRD READING
Bill No: AB 472
Author: Ammiano (D)
Amended: 6/13/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/7/11
AYES: Hancock, Liu, Price, Steinberg
NOES: Anderson, Harman
NO VOTE RECORDED: Calderon
ASSEMBLY FLOOR : 46-24, 4/25/11 - See last page for vote
SUBJECT : Controlled substance overdoses
SOURCE : American Civil Liberties Union
Drug Policy Alliance
Health Officers of California
DIGEST : This bill (1) provides that it is not a crime
for a person to be under the influence of a controlled
substance, or to possess a controlled substance or drug
paraphernalia for personal use, if the person, in good
faith, seeks emergency assistance for an overdose victim
whose drug use was related to the drug possession by the
person seeking assistance, and (2) provides that it is not
a crime for a person to be under the influence of a
controlled substance, or to possess a controlled substance
or drug paraphernalia for personal use, if the person
suffers an overdose, and one or more persons at the scene
seek emergency assistance in good faith for the person
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suffering an overdose.
ANALYSIS : Existing law states that unauthorized
possession of specified controlled substances, including
opiates or cocaine, is punishable by imprisonment in the
state prison and a fine of up to $10,000. Special fines
and fees also apply. (Health and Safety Code Sections
11350 and 11377)
Existing law provides that it is a crime to be under the
influence of a controlled substance, as specified. The
crime is generally a misdemeanor, with a minimum jail term
of 90 days. Special penalties, including felony penalties,
apply where other circumstances are shown in addition to
the fact that the defendant was under the influence of a
controlled substance. (Health and Safety Code Section
11550, subd. (f))
This bill includes legislative findings and intent
concerning the prevalence of drug overdoses and the
benefits of very limited criminal immunity in encouraging
drug overdose victims and witnesses to seek emergency
assistance, as specified.
This bill provides that it is not a crime for a person (1)
to be under the influence of a controlled substance, or (2)
to possess for personal use a controlled substance or drug
paraphernalia, if that person, in good faith, seeks medical
assistance for a drug overdose victim and the person
seeking the assistance does not obstruct medical or law
enforcement personnel.
This bill provides that where a person experiences a drug
overdose, he or she shall not be guilty of being under the
influence of a controlled substance, or possessing a
controlled substance for personal drug paraphernalia for
personal use, if the overdose victim or others at the scene
seek medical assistance for the overdose victim and do not
obstruct medical or law enforcement personnel.
This bill expressly states that it shall not be interpreted
to create immunities or protections from arrest or
prosecution other than those specifically stated in the
bill.
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For the purposes of this bill, "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 that may result in death, disability,
or serious injury. 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 that may result in death,
disability, or serious injury.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/13/11)
American Civil Liberties Union (co-source)
Drug Policy Alliance (co-source)
Health Officers of California (co-source)
A New Path
Asian Pacific AIDS Intervention Team
Bay Area Addiction Research & Treatment, Inc.
Broken No More
California Association of Alcohol and Drug Program
Executives, Inc.
California Attorneys for Criminal Justice
California Opioid Maintenance Providers
California Professional Firefighters
California Public Defenders Association
California Society of Addiction Medicine
Common Ground
County Alcohol and Drug Program Administrators Association
of California
Drug Abuse Alternatives Center
Families ACT!
Homeless Health Care Los Angeles
Los Angeles Community Action Network
Grief Recovery After a Substance Passing
National Association of Social Workers
Justice Now
OPPOSITION : (Verified 6/13/11)
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California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author:
"California has the highest number of overdose deaths in
the country, with 3,646 deaths from drug and alcohol
overdose in 2006 alone, equating to 10 people overdose
deaths per day. The death rate from drug and alcohol
overdose in California rose from 7.4 deaths per 100,000
people in 2000 to 9.8 per 100,000 in 2006 - an increase
of 24%. Many of these deaths are preventable. Studies
have shown that death rarely occurs immediately from a
drug-related overdose. Most deaths occur 1 to 3 hours
after the initial dose. Thus, timely response by
emergency personnel is imperative.
"Numerous academic studies examining predictors of fatal
drug overdose have shown that fear of arrest and
incarceration among witnesses is the leading cause for
delay or failure to seek emergency medical care in a
potentially deadly drug or alcohol overdose. Death or
disability is preventable if witnesses feel less
personally threatened when confronting a medical
emergency.
"Under California law, if a person contacts emergency
help for a drug overdose victim, and the person seeking
the help is either under the influence of drugs or in
possession of drugs or drug paraphernalia, he or she
risks arrest, incarceration and un-medicated withdrawal
in a jail cell. UCSF researchers and law enforcement
officials have found that arrest and incarceration at the
scene of drug overdose is rare, in that law enforcement's
primary interest is in securing the scene and assisting
paramedics in saving the life of the overdose patient.
Nevertheless, research also shows that fear of arrest is
the leading barrier to timely rescue of overdose victims.
"This bill addresses this public health crisis by
creating limited criminal immunity for those who contact
emergency services to report an overdose and for those
experiencing an overdose. By removing the fear of arrest
for simple possession and being under the influence of
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drugs, people will be more likely to obtain life-saving
medical help for overdose victims. Two states, New Mexico
and Washington, currently have such laws in place, and
have significantly reduced the amount of deaths caused by
drug overdose. A Cornell University study found that
more students contacted emergency services to report
overdoses after a Good Samaritan policy was in place."
ARGUMENTS IN OPPOSITION : The California State Sheriffs'
Association (CSSA) states that they oppose this bill "which
would provide that it shall not be a crime for any person
who experiences a drug-related overdose, 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. Currently, law enforcement uses
their discretion in these matters. Due to the medical
nature of these incidences, law enforcement can choose not
to enforce under the influence charges against someone
depending on the circumstances. In some of these
instances, however, law enforcement may use their
discretion to arrest. An example would be a known drug
dealer who provides narcotics to an individual and the
person overdoses. In virtually every instance, law
enforcement will make an arrest in this situation. AB 472
would remove law enforcements discretion and ability to
arrest a serious drug dealer in this situation, allowing
them to go back on the street and continue to commit
serious crimes."
ASSEMBLY FLOOR : 46-24, 4/25/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Norby, Pan, Skinner, Swanson, Wagner, Wieckowski,
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Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Perea, Silva, Smyth, Valadao
NO VOTE RECORDED: Charles Calderon, Campos, Furutani,
Gorell, Olsen, V. Manuel Pérez, Portantino, Solorio,
Torres, Vacancy
RJG:mw 6/13/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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