BILL ANALYSIS
AB 2460
Page 1
Date of Hearing: April 20, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2460 (Ammiano) - As Amended: April 8, 2010
As Proposed to be Amended in Committee
REVISED
SUMMARY : Provides that any person seeking in good faith
medical assistance for a drug- or alcohol-related overdose for
himself, herself, or another shall not be subject to specified
drug-related crimes. Specifically, this bill :
1)Recognizes that drug overdose is the second leading cause of
injury death in the United States, and that the numbers of
drug overdose deaths is increasing.
2)States that many drug overdoses occur because people involved
fear calling emergency services because they fear police
involvement.
3)Clarifies legislative intent to encourage witnesses of a drug
overdose to seek emergency services in a timely manner as to
save the life of an overdose victim.
4)Specifies legislative intent not to protect individuals from
prosecution for other offenses or to interfere with law
enforcement protocols.
5)Provides that it is not a crime for a person to be under the
influence or; in possession of; or to furnish, deliver, or
share a controlled substance, controlled substance analogue,
alcohol, or drug paraphernalia, if that person, in good faith,
seeks medical assistance for another person experiencing an
overdose related to that controlled substance.
6)Provides that it is not a crime for a person who experiences
an overdose, or another person who witnesses the overdose, to
in good faith seek medical assistance to be under the
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influence or; in possession of; or to furnish, deliver, or
share a controlled substance, controlled substance analogue,
alcohol, or drug paraphernalia.
EXISTING LAW :
1)States that unauthorized possession of specified controlled
substances is punishable by imprisonment in the state prison
and a $70 fine. If probation is granted, the individual must
pay a fine of $1,000 for the first offense, and $2,000 for
each subsequent offense. [Health and Safety Code Section
11350(a), (c), and (d).] Specified controlled substances
include:
a) Opiates, or their salts or derivatives;
b) Opium, or its derivatives;
c) Cocaine or cocaine base;
d) Mescaline, Peyote, or tetrahydrocannabinois (synthetic
equivalents to substances contained in the cannibis plant,
or its resinous extractives);
e) Coca leaves or its salts or derivatives;
f) Poppy straw or its concentrate;
g) Ecgonine, or its salt or derivatives;
h) Levoalphacetylmethadol, primarily used for the treatment
of narcotic addicts;
i) Hallucinogenic substances; or,
j) Any controlled substance in schedules III, IV, or V that
is a narcotic drug.
2)States that the unauthorized possession of depressants, as
specified, shall be punished by imprisonment in the county
jail for not more than one year, or the state prison and a $70
fine. If probation is granted, the individual must pay a fine
of $1,000 for the first offense, and $2,000 for each
subsequent offense. [Health and Safety Code Section 11350(b),
(c), and (d).]
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3)Prohibits any person from using or being under the influence
of specified drugs. Violation will result in imprisonment for
90 days to one year in county jail. [Health and Safety Code
Section 11550(a).] Specified drugs include:
a) Opiates, or their salts or derivatives;
b) Opium or its derivatives;
c) Depressants:
d) Cocaine or cocaine base;
e) Mescaline;
f) Peyote;
g) Phencyclidine:
h) Coca leaves or its salts or derivatives;
i) Poppy straw or its concentrate;
j) Stimulants, including amphetamine or methamphetamine;
or,
aa) Any controlled substance in schedules III, IV, or V that
is a narcotic drug.
4)Requires any person convicted of using or being under the
influence of specified drugs twice within a seven-year period
who refuses to complete a licensed drug rehabilitation
program, shall be sentenced to no less than 180 days up to one
year in county jail. [Health and Safety Code Section
11550(b).]
5)States that any person found to be under the influence of
cocaine, cocaine base, heroin, methamphetamine, or
phencyclidine while in immediate person possession of a
loaded, operable firearm is guilty of an offense and is
subject to imprisonment of up to one year in county jail or
state prison. [Health and Safety Code Section 11550(e).]
6)Provides that any person convicted of being under the
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influence of specified drugs while in possession of a firearm
more than once, shall be imprisoned in state prison for two,
four, or six years. [Health and Safety Code Section
11550(f).]
FISCAL EFFECT : Unknown
COMMENTS :
1) Author's Statement : According to the author, "Whenever
people are drinking or using drugs, there remains a risk of
overdose or alcohol poisoning that can lead to death. If
appropriate medical care is received in a timely manner, many
drug- and alcohol-related deaths can be prevented. Drug
treatment professionals have often reported that after
surviving and overdose experience, a drug addict is much more
likely to seek drug treatment.
"However, existing law discourages others from calling 911 in
these emergency situations. Existing laws criminalize those
who might be illegally using drugs or alcohol with the victim.
This leads to an extraordinarily dangerous situation in which
a victim starts to suffer from an overdose but his or her
friend fears the criminal consequences from being in
possession of an illegal substance. As a result, he or she
hesitates to call 911. In some cases, the victim may recover
on his or her own. There are cases in which overdose victims
have been dumped at the entrance to an emergency room. In too
many cases, however, no treatment is sought and the victim
dies.
"AB 2460 would save lives by encouraging Californians to call
911 in all overdose situations - even when the caller may be
in possession of drugs - by offering limited immunity to the
caller from certain drug possession laws."
2)Background : According to background information provided by
the author, "This bill will provide limited criminal immunity
to individuals for specific drug- or alcohol-related crimes
when contacting emergency services to report a drug- or
alcohol-related overdose. This bill will provide the same
limited criminal immunity to individuals who are experiencing
a drug- or alcohol-related overdose when emergency services
are contacted on their behalf.
AB 2460
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"Under current law, if an individual contacts emergency
services in order to save the life of someone experiencing a
drug- or alcohol-related overdose, and that individual is
either under the influence of drugs or alcohol; in possession
of drugs or alcohol; has shared, furnished or delivered drugs
or alcohol to a friend, or is in possession of drug
paraphernalia, then the individual can be arrested and/or
charged for those crimes when law enforcement arrive on the
scene of the overdose. Because many people commonly use drugs
or alcohol with other people, the person overdosing is likely
to be in the presence of others who are capable of calling for
emergency medical assistance. Additionally, the person
experiencing the overdose for who emergency services are
sought is also subject to arrest and being charged with the
abovementioned crimes. This fear of arrest and being charged
with a crime related to drugs and/or alcohol is one of the
most frequently cited reasons by individuals as to why they do
not call 911 or contact emergency services, or delay or
hesitate in doing so, when someone is experiencing a drug or
alcohol-related overdose.
"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. These statistics
include drug overdose deaths as well as overdose deaths from
alcohol consumption.
"This public health crisis must be addressed, and one of the
mechanisms through which the number of overdose deaths can be
reduced is by creating an environment that provides 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, sharing
and being under the influence crimes, people will be more
likely to seek medical help in overdose situations and lives
will be saved. Two states, New Mexico and Washington,
currently have such laws in place."
3)Accidental Drug Overdoses are Increasing and Preventable :
According to the Drug Policy Alliance, "Accidental drug
overdose is now the second leading cause of accidental death
in California. Since 1990, accidental overdose deaths in
California increased by more than 100%, surpassing deaths
caused from firearms, homicides and AIDS. Accidental drug
overdose is now the leading cause of injury-related death for
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people between the ages of 35-54, and is the second leading
cause of death for 15-34 year olds. More accidental drug
overdose deaths occur in California than anywhere else in the
United States." [Drug Policy Alliance, Preventing Overdose,
Saving Lives: Strategies for Combating a National Crisis
(March 2009) p. 12.]
4)Fear of Prosecution Prevents Witnesses from Seeking Needed
Medical Assistance : According to the Drug Policy Alliance,
"The chance of surviving an overdose, like that of surviving a
heart attack, depends greatly on how fast one receives medical
assistance. Witnesses to heart attacks rarely think twice
about calling 911, but witnesses to an overdose often squander
precious time hesitating to call for help or, in many cases,
simply don't make the call. The most common reason people cite
for not calling 911 is fear of police involvement. People
using drugs illegally often fear arrest, even in cases where
they need professional medical assistance for a friend or
family member." [Drug Policy Alliance, Preventing Overdose,
Saving Lives: Strategies for Combating a National Crisis
(March 2009) p. 13.]
5)Similar Bill Successfully Passed in New Mexico in 2007 : On
April 3, 2007, Governor Bill Richardson signed SB 200,
Immunity for Assistance for Overdoses, which is similar to
this bill in that SB 200 provided limited immunity for
individuals who seek medical assistance for a drug-related
overdose of themselves or another from indictment or
prosecution for possession of a controlled substance if that
evidence was gained as a result of seeking medical assistance.
(N.M. Stat. Ann. Section 30-31-25.1) Additionally, the New
Mexico law states that seeking medical attention for another
should be a mitigating factor in any drug-related prosecution
arising from the incident.
6)Similar Bill Successfully Passed in Washington State in March
2010 : The State of Washington passed SB 5516, Chapter 9, Laws
of 2010, which is substantially similar to both this bill and
the New Mexico statute mentioned above. SB 5516 provides
limited immunity for individuals who seek medical assistance
for a drug-related overdose of themselves or another from
indictment or prosecution for possession of a controlled
substance if that evidence was gained as a result of seeking
medical assistance. (Wash. S.B. 5516, Chapter 9, Laws of
2010.) Like the New Mexico law, SB 5516 states that seeking
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medical attention for another should be a mitigating factor in
any drug-related prosecution arising from the incident.
Additionally, SB 5516 also contains provisions related to the
possession and use of naloxone, a drug used to counter the
effects of a drug-related overdose. (Wash. S.B. 5516, Chapter
9, Laws of 2010.)
7)Immunity Provided under this Bill is Limited : This bill does
not provide immunity for most drug-related crimes, including
selling, providing, giving or exchanging of drugs or alcohol
for money, goods, or services, or forcible administration of
drugs or alcohol against a person's will. This bill provides
immunity only in the limited circumstances where a victim or
witness of a drug overdose in good faith seeks medical
assistance where that individual being under the influence of,
or possession of, a controlled substance.
8)Related Legislation : AB 1999 (Portantino) grants immunity to
a person under the age of 21 years to knowingly possession or
consume alcoholic beverages under specific circumstances
relating to the reporting of medical emergencies arising from
alcohol consumption. AB 1999 passed this Committee and the
Assembly and currently pending referral by the Senate Rules
Committee.
9)Prior Legislation :
a) AB 767 (Ridley-Thomas), Chapter 477, Statutes of 2007,
authorized a licensed health care provider who is permitted
by law to prescribe an opioid antagonist (naloxone
hydrochloride), if acting with reasonable care, to
prescribe and subsequently dispense or distribute an opioid
antagonist in conjunction with an opioid overdose
prevention and treatment training program, being subject to
civil liability or criminal prosecution.
b) SB 1134 (Escutia), of the 2001-02 Legislative Session,
would have required the state Emergency Medical Services
Authority to convene a working group and adopt regulations
to provide for emergency medical technicians to be trained
to administer, naloxone hydrochloride for the treatment of
people who have suffered drug overdoses. SB 1134 was
vetoed.
c) SB 1695 (Escitia), Chapter 678, Statutes of 2002,
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authorized counties to establish training and certification
programs to permit an emergency medical technician-I, as
specified, to administer naloxone hydrochloride, the
antidote to heroin overdose, by means other than
intravenous injection if he or she has completed training
and passed a test, as specified. SB 1695 required the
Emergency Medical Services Authority to develop guidelines
relating to the county certification programs. These
provisions are operative until a specified date. SB 1695
required the Department of Alcohol and Drug Programs to
place on its Internet Web site, for a period of not less
than six months, information, as specified, regarding drug
overdose trends and death rates.
REGISTERED SUPPORT / OPPOSITION :
Support
Drug Policy Alliance
A New PATH (Parents for Addiction Treatment & Healing)
American Civil Liberties Union
Asian Pacific AIDS Intervention Team
California Attorneys for Criminal Justice
California Professional Firefighters
California Public Defenders Association
Clean Needles Now
Common Ground
Grief Recovery After Substance Passing
Homeless Health Care Los Angeles
Interfaith Drug Policy Initiative
KLEAN West Hollywood
NCADD/Women to Women Recovery Programs
Oxykillskids.com
Students for Sensible Drug Policy
Youth R.I.S.E
Opposition
None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744