Bill Text: CA AB2460 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Controlled substances: overdose: punishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB2460 Detail]

Download: California-2009-AB2460-Amended.html

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BILL NUMBER: AB 2460	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 19, 2010

   An act to add Section 11376.5 to the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2460, as amended, Ammiano. Controlled substances: overdose:
punishment.
   Existing law, the California Uniform Controlled Substances Act,
classifies controlled substances into 5 designated schedules, with
the most restrictive limitations generally placed on controlled
substances classified in Schedule I, and the least restrictive
limitations generally placed on controlled substances classified in
Schedule V. Existing law generally provides punishment for the
unauthorized use, possession, and sale of controlled substances.
   This bill would provide that it shall not be a crime for any
person who experiences a drug- or alcohol-related overdose who, in
good faith  ,  seeks medical assistance, or any other person
who, in good faith, seeks medical assistance for the person
experiencing a drug- or alcohol-related overdose, to be under the
influence of, or  in possession of, or to furnish, deliver,
or share   t   o possess for personal use 
 ,  a controlled substance, controlled substance analog,
alcohol, or drug paraphernalia, under certain circumstances related
to a drug- or alcohol-related overdose that prompted the seeking of
medical assistance. The bill would provide that its provisions shall
not affect laws prohibiting the selling, providing, giving, or
exchanging of drugs or alcohol for money, goods, or services, or laws
prohibiting the forcible administration of drugs or alcohol against
a person's will.  The bill would provide that it shall not affect
liability   for any offense that involves activities made
dangerous by   the   consumption of controlled
substances or alcohol, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Drug overdose is the second leading cause of injury death in
the United States, behind only motor vehicle accidents and ahead of
firearms. California has the greatest number of overdose deaths in
the country per year. Moreover, drug and alcohol overdose morbidity
and mortality are not confined to adults but also devastate
California's youth.
   (b) The State Department of Alcohol and Drug Programs reported
that there were 3,102 overdose deaths in 2002, the first year the
department began tracking overdose deaths in California. By 2006, the
number of overdose deaths had grown to 3,646.
   (c) Many overdose fatalities occur because peers delay or forgo
calling 911 or seeking emergency assistance for fear of arrest or
police involvement, which researchers continually identify as the
most significant barrier to the ideal first response of calling
emergency services. Furthermore, if criminal punishment is intended
to deter drug abuse, it is clearly too late to deter such abuse when
a person is already suffering from an overdose.
   (d) It is the intent of the Legislature to encourage a witness of
a drug- or alcohol-related overdose to call 911 or seek other
emergency 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 prosecution
in situations involving medical emergencies.
   (e) It is not the intent of the Legislature to protect individuals
from prosecution for other offenses, or to interfere with law
enforcement protocols to secure the scene of an overdose.
  SEC. 2.  Section 11376.5 is added to the Health and Safety Code, to
read:
   11376.5.  (a) Notwithstanding any other law, it shall not be a
crime for a person to be under the influence of,  or in
possession of, or to furnish, deliver, or share   or to
possess for personal use,  a controlled substance, controlled
substance analog, alcohol, or drug paraphernalia, if that person, in
good faith, seeks medical assistance for another person experiencing
a drug- or alcohol-related overdose that is related to the
possession, furnishing, delivering, or sharing of a controlled
substance, controlled substance analog, alcohol, or drug
paraphernalia of the person seeking medical assistance.
   (b) Notwithstanding any other law, it shall not be a crime for a
person who experiences a drug- or alcohol-related overdose and who is
in need of medical assistance to be under the influence of, 
possess, furnish, deliver, or share   or to possess for
personal use,  a controlled substance, controlled substance
analog, alcohol, or drug paraphernalia if the person or one or more
other persons at the scene of the overdose, in good faith, seek
medical assistance for the person experiencing the overdose.
   (c) This section shall not affect laws prohibiting the selling,
providing, giving, or exchanging of drugs or alcohol for money,
goods, or services, or laws prohibiting the forcible administration
of drugs or alcohol against a person's will. 
   (d) Nothing in this section shall affect liability for any offense
that involves activities made dangerous by the consumption of a
controlled substance, controlled substance analog, or alcohol,
including, but not limited to, violations of Section 23103 of the
Vehicle Code as specified in Section 23103.5 of the Vehicle Code, or
violations of Section 23152 or 23153 of the Vehicle Code.