BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2460|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2460
Author: Ammiano (D)
Amended: 8/18/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/29/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Cogdill, Huff
ASSEMBLY FLOOR : 45-28, 6/1/10 - See last page for vote
SUBJECT : Controlled substances: overdose: punishment
SOURCE : American Civil Liberties Union
Drug Policy Alliance
DIGEST : This bill: (1) provides that it is not a crime
for a person to be under the influence of, or to possess
for personal use, a controlled substance or its analog or
drug paraphernalia, if the person, in good faith, seeks
emergency assistance for a person suffering an overdose
related to the drug or alcohol possession, sharing or
furnishing by the person seeking assistance; and (2)
provides that it is not a crime for a person to be under
the influence of, or to possess for personal use, a
controlled substance or its analog or drug paraphernalia,
if the person suffers an overdose, and one or more persons
at the scene of the overdose, in good faith, seeks
emergency assistance for the person suffering an overdose.
CONTINUED
AB 2460
Page
2
Senate Floor Amendments of 8/18/10 (1) eliminate references
to alcohol overdoses; (2) clarify that immunity only
applies to possession and use of drugs, not furnishing or
supplying drugs; (3) specify that a person obtaining
protection under the bill must not have obstructed law
enforcement or medical personnel; and (4) define a
"drug-related 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 & 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 & Safety Code Section 11550,
subd. (f).)
This bill contains legislative findings stating 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.
This bill states that many drug overdoses occur when people
involved in, or are present at the incident do not summon
emergency services because they fear police involvement.
This bill states 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.
This bill states legislative intent not to protect
individuals from prosecution for other offenses or to
interfere with law enforcement protocols.
This bill provides that it is not a crime for a person to
be under the influence of, or to possess for personal use a
controlled substance or controlled substance analogue or
AB 2460
Page
3
drug paraphernalia, if that person, in good faith, seeks
medical assistance for another person experiencing an
overdose related to that controlled substance and that
person does not obstruct medical or law enforcement
personnel.
This bill provides that it is not a crime for a person who
experiences an overdose or another person who witnesses the
overdose and in good faith seeks medical assistance, to be
under the influence or in possession of, a controlled
substance, and controlled substance analogue or drug
paraphernalia.
This bill provides these provisions do not affect liability
for any offense that makes activities made dangerous by a
controlled substance for the purposes of this section,
"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. An
individual's conditions 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/18/10)
American Civil Liberties Union (co-source)
Drug Policy Alliance (co-source)
A New PATH (Parents for Addiction Treatment & Healing)
Asian Pacific AIDS Intervention Team
California Attorneys for Criminal Justice
California Attorneys for Criminal Justice
California Church IMPACT
California Opioid Maintenance Providers
California Professional Firefighters
California Public Defenders Association
California Society for Addiction Medicine
Clean Needles Now
Common Ground
AB 2460
Page
4
County Alcohol and Drug Program Administrators Association
of California
Friends Committee on Legislation
Grief Recovery After Substance Passing Homeless HealthCare
Los Angeles
Health Officers Association of California
Interfaith Drug Policy Initiative
KLEAN West Hollywood
NCADD/Women to Women Recovery Programs
Oxykillskids.com
Stop Rx Drug Abuse Marin Institute
Students for Sensible Drug Policy
Youth R.I.S.E
ARGUMENTS IN SUPPORT : According to the author's office,
whenever people are drinking or using drugs, there remains
a risk of overdose or of 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 an 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 their 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
person suffering the overdose 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.
A person shouldn't fear calling 911. Everybody should be
ready and willing to call 911 to save a life. This bill
encourages people to do so.
ASSEMBLY FLOOR :
AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford,
Brownley, Buchanan, Charles Calderon, Carter, Chesbro,
Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer,
AB 2460
Page
5
Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Norby, Ruskin, Salas,
Saldana, Skinner, Swanson, Torlakson, Torres, Torrico,
Yamada, John A. Perez
NOES: Adams, Anderson, Arambula, Bill Berryhill,
Blakeslee, Caballero, Conway, Cook, DeVore, Emmerson,
Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,
Harkey, Jeffries, Logue, Miller, Nestande, Niello,
Nielsen, Portantino, Silva, Smyth, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Knight, Nava, V. Manuel
Perez, Solorio, Audra Strickland, Vacancy
RJG:do 8/19/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****