BILL ANALYSIS Ó
AB 472
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 472 (Ammiano)
As Amended March 8, 2012
Majority
-----------------------------------------------------------------
|ASSEMBLY: |46-24|(April 25, |SENATE: |21-16|(August 22, |
| | |2011) | | |2012) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
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.
The Senate amendments remove language related to America's Cup
Venues and Treasure Island. Earlier Senate amendments specify
that no other immunities or protections from arrest or
prosecution for violations of the law are intended or may be
inferred, that a drug-related overdose may result in death,
disability or serious injury, and make findings related to
education and dissemination of information related to seeking
assistance for a drug-related overdose by drug treatment
providers, syringe exchange programs, county public health
departments, and others who work with communities at high risk
for drug overdose.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
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
AB 472
Page 2
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 Blake / PUB. S. / (916) 319-3744
FN:
0003152