Introduced by Rep. Roger Goodman, (D-Kirkland) (D) on January 29, 2009, gives certain limited protection from criminal prosecution of possession of a controlled substance for a person seeking medical help for someone experiencing a drug overdose. Also allows the court to give special consideration in the criminal prosecution of persons who sought medical care while experiencing an overdose.
Referred to the House Public Safety and Emergency Preparedness Committee on January 29, 2009.
Substitute offered in the House on February 18, 2009, exempts a reporting witness from having property that is not contraband seized or forfeited on the basis of a violation of the Act, if the evidence of the violation was obtained as a result of seeking medical assistance. Exempts a person who experiences an overdose and is in need of medical assistance from the same penalties if the evidence of the violation was obtained as a result of having received medical assistance. Increases the number of prosecutorial exemptions that attach to qualifying reporting witnesses and persons who experience an overdose. The substitution also provides that the statutory protection from prosecution for possession of a controlled substance is not grounds for suppression of evidence in other criminal charges. The substitute passed in the House by voice vote on February 18, 2009.
Referred to the House Rules Committee on March 12, 2009.
Substitute offered in the House on January 29, 2010, A provision is added to state that a practitioner or person administering, dispensing,
prescribing, purchasing, acquiring, possessing, or using Naloxone does not violate any law or
constitute unprofessional conduct if his or her action results from a good faith effort. The provision that allows for a departure from the sentencing guidelines with a mitigating circumstance is clarified to provide the
courts with the option of considering the act of seeking medical assistance for someone
experiencing a drug-related overdose as justification for an exceptional sentence below the standard sentencing range. The substitute passed in the House by voice vote on January 29, 2010.
Referred to the House Rules Committee on February 2, 2010.