BILL ANALYSIS �
AB 472
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ASSEMBLY THIRD READING
AB 472 (Ammiano)
As Introduced February 15, 2011
Majority vote
PUBLIC SAFETY 5-0
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|Ayes:|Ammiano, Cedillo, Hill, | | |
| |Mitchell, Skinner | | |
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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.
Specifically, this bill :
1)States that drug overdose is the second leading cause of injury
and death in the United States, behind motor vehicle accidents and
ahead of firearms. These deaths are not confined to adults, but
also devastate California's youth. California has the highest
number of overdose deaths.
2)States that the State Department of Alcohol and Drug Programs
reported that there were 3,102 overdose deaths in 2002, the first
year such deaths were tracked; by 2006, the number of overdose
deaths had increased to 3,646.
3)States that researchers continually identify fear of arrest or
police involvement as the most significant barrier to seeking
medical assistance in a drug-related overdose. Additionally, if
criminal punishment is intended to deter drug abuse, it is clearly
too late to deter such abuse when an overdose is already
occurring.
4)States legislative intent to encourage a witness of a drug-related
overdose to call "911" or seek medical assistance in a timely
manner in order to save the life of an overdose victim by
establishing a state policy exempting drug possession or drug
paraphernalia possession from criminal prosecutions in situations
involving medical emergencies.
5)States legislative intent to protect individuals from prosecution
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for other offenses or to interfere with law enforcement protocols
to secure the scene of an overdose.
6)States that it shall not be a crime for a person to be under the
influence of a controlled substance or to possess a controlled
substance, controlled substance analog, or drug paraphernalia for
personal use, if:
a) That person seeks medical attention in good faith for
another person experiencing a drug-related overdose;
b) The drug-related overdose is related to the possession of a
controlled substance, a controlled substance analog, or drug
paraphernalia of the person seeking medical assistance; and,
c) That person does not obstruct medical or law enforcement
personnel.
7)States that it shall not be a crime for a person who experiences a
drug-related overdose and who is in need of medical assistance to
be under the influence of a controlled substance or to possess a
controlled substance, controlled substance analog, or drug
paraphernalia for personal use if that person or another at the
scene of the overdose seeks medical attention in good faith for a
drug-related overdose.
8)States that this section does not affect laws prohibiting the
selling, providing, giving, or exchanging of drugs for money,
goods, or services, or laws prohibiting the forcible
administration of drugs against a person's will.
9)States that nothing in this section affects liability for any
offense that involves activities made more dangerous by the
consumption of a controlled substance or a controlled substance
analog, including, but not limited to, specified sections of the
Vehicle Code.
10)Defines "drug-related overdose" as 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 condition shall be deemed to be
a "drug-related overdose" if a reasonable person or ordinary
knowledge would believe the condition to be a drug-related
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overdose.
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 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 Nelson / PUB. S. / (916) 319-3957
FN: 0000128
AB 472
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