BILL ANALYSIS
AB 2460
Page 1
ASSEMBLY THIRD READING
AB 2460 (Ammiano)
As Amended April 28, 2010
Majority vote
PUBLIC SAFETY 4-3
-----------------------------------------------------------------
|Ayes:|Ammiano, Beall, Hill, | | |
| |Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore, | | |
| |Portantino | | |
| | | | |
-----------------------------------------------------------------
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.
AB 2460
Page 2
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
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. Specified controlled substances
include:
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.
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.
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.
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.
6)Provides that any person convicted of being under the
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.
AB 2460
Page 3
FISCAL EFFECT : None
COMMENTS : 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0004266