Bill Text: NJ A3076 | 2012-2013 | Regular Session | Introduced
Bill Title: Protects drug overdose victims and witnesses from certain criminal charges if medical assistance is sought.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-14 - Introduced, Referred to Assembly Judiciary Committee [A3076 Detail]
Download: New_Jersey-2012-A3076-Introduced.html
Sponsored by:
Assemblywoman DONNA M. SIMON
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Protects drug overdose victims and witnesses from certain criminal charges if medical assistance is sought.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunity for certain drug charges and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that encouraging witnesses and victims of drug overdoses to seek medical assistance saves lives and is in the best interests of the citizens of this State and these witnesses and victims should be protected from arrest, charge, prosecution, and conviction.
2. As used in this act:
"Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to be a drug overdose that requires medical assistance.
3. a. A person who, in good faith, seeks medical assistance for someone experiencing a drug overdose shall not be:
(1) arrested, charged, prosecuted, or convicted for obtaining, possessing, using, or being under the influence of a controlled dangerous substance pursuant to N.J.S.2C:35-10;
(2) arrested, charged, prosecuted, or convicted for possessing an imitation controlled dangerous substance pursuant to subsection a. of N.J.S.2C:35-11; or
(3) arrested, charged, prosecuted, or convicted for using or possessing with the intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6.
b. The provisions of subsection a. of this section shall apply only if:
(1) one of the persons called 9-1-1 and reported that another person was in need of medical assistance due to a drug overdose;
(2) the person who called 9-1-1 and, if applicable, other persons acting in concert with that person provided each of their names to the 9-1-1 operator;
(3) the person was the first person to make the 9-1-1 report;
(4) the person and, if applicable, other persons acting in concert with the person who made the 9-1-1 call remained on the scene with the person in need of medical assistance until assistance arrived, and cooperated with medical assistance and law enforcement personnel on the scene; and
(5) the person and, if applicable, other persons acting in concert with the person who made the 9-1-1 call agree to participate in a drug treatment program and thereafter notifies law enforcement of his participation in such program.
4. a. A person who experiences a drug overdose and seeks medical assistance or is the subject of a good faith request for medical assistance pursuant to section 3 of this act shall not be:
(1) arrested, charged, prosecuted, or convicted for obtaining, possessing, using, or being under the influence of a controlled dangerous substance pursuant to N.J.S.2C:35-10;
(2) arrested, charged, prosecuted, or convicted for possessing an imitation controlled dangerous substance pursuant to subsection a. of N.J.S.2C:35-11; or
(3) arrested, charged, prosecuted, or convicted for using or possessing with the intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6.
b. The provisions of subsection a. of this section shall apply only if the person who experienced a drug overdose participates in a drug treatment program and notifies law enforcement of his participation in such program.
5. This act shall take effect immediately.
STATEMENT
This bill protects witnesses and victims of drug overdoses from certain drug charges if medical assistance is sought immediately. Drug overdoses are a leading cause of accidental death, but many of these deaths could be prevented if the victims receive immediate medical attention. It is the sponsor's intent to address the fear of arrest and prosecution which may prevent people from seeking appropriate assistance in these medical emergencies.
Under the bill, witnesses of a drug overdose would not be arrested, charged, prosecuted, or convicted for obtaining, possessing, using, or being under the influence of a controlled dangerous substance; possessing an imitation controlled dangerous substance; using or possessing with the intent to use drug paraphernalia; or possessing a hypodermic syringe, hypodermic needle, or other instrument adapted for the use of a controlled dangerous substance if:
(1) one of the persons called 9-1-1 and reported that another person was in need of medical assistance due to a drug overdose;
(2) the person who called 9-1-1 and, if applicable, other persons acting in concert with that person provided each of their names to the 9-1-1 operator;
(3) the person was the first person to make the 9-1-1 report; and
(4) the person and, if applicable, other persons acting in concert with the person who made the 9-1-1 call remained on the scene with the person in need of medical assistance until assistance arrived, and cooperated with medical assistance and law enforcement personnel on the scene; and
(5) the person and, if applicable, other persons acting in concert with the person who made the 9-1-1 call would agree to participate in a drug treatment program and thereafter notifies law enforcement of his participation in such program.
Similarly, the person who experienced a drug overdose would not be arrested, charged, prosecuted, or convicted of any of these offenses. However, the person would be required to participate in a drug treatment program and notify law enforcement of his participation in order to be protected under the provisions of the bill.
