Bill Text: VA SB892 | 2015 | Regular Session | Engrossed

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

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Bill Title: Overdoses; establishes an affirmative defense to prosecution of an individual, etc., safe reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-03-23 - Governor: Acts of Assembly Chapter text (CHAP0418) [SB892 Detail]

Download: Virginia-2015-SB892-Engrossed.html

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15102035D
SENATE BILL NO. 892 Senate Amendments in [ ] -- January 28, 2015 A BILL to amend the Code of Virginia by adding a section numbered 18.2-251.03, relating to safe reporting of overdoses. ---------- Patrons Prior to Engrossment--Senator Petersen; Delegate: Rasoul ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-251.03 as follows:

§18.2-251.03. Safe reporting of overdoses.

A. For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.

B. It shall be an affirmative defense to prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol pursuant to §4.1-305, possession of a controlled substance pursuant to § 18.2-250, possession of marijuana pursuant to §18.2-250.1, intoxication in public pursuant to §18.2-388, or possession of controlled paraphernalia pursuant to §54.1-3466 if:

1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;

2. Such individual (i) remains at the scene of the overdose until a law-enforcement officer responds to the report of an overdose or (ii) if transported by a firefighter or emergency medical services personnel responding to the report of the overdose for emergency medical attention prior to the arrival of a law-enforcement officer, remains at the location to which he was transported until a law-enforcement officer responds to the report of an overdose at such location;

3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; [ and ]

4. [ If requested by a law-enforcement officer, such individual substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol, or combination of such substances that resulted in the overdose; and

5. ] The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.

C. The affirmative defense provided for in this section applies only to the offenses described in subsection B. Nothing in this section shall prohibit the use of evidence from an individual entitled to assert an affirmative defense pursuant to this section in the prosecution of (i) such individual for an offense other than those listed in subsection B or (ii) other individuals for any offense.