SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2487
As Further Amended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2487, as further amended, would provide immunity
from prosecution for possession of a controlled substance or
certain drug paraphernalia if the person seeks or provides
medical assistance to a person under the influence of a
controlled substance or who is under the influence of a
controlled substance and is in need of medical assistance.

Persons Eligible for Immunity
The bill would prohibit a law enforcement officer from
taking a person who may be eligible for immunity into custody
solely based on an alleged offense of:
● Possession of controlled substance; or
● Possession with the intent to use drug
paraphernalia in order to introduce a controlled
substance into their body.
[Note: The bill would not provide immunity for persons
who possess and intend to use drug paraphernalia to
manufacture, cultivate, plant, propagate, harvest, test,
analyze, or distribute a controlled substance, as specified in
continuing law.]


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Seeking Medical Assistance by an Individual
Under the bill, immunity would be available to persons
who initiated contact with law enforcement or emergency
medical services (EMS) and requested medical assistance on
their own behalf due to use of a controlled substance and a
reasonable belief that such assistance was needed. Such
person would also be required to cooperate with law
enforcement and EMS personnel while medical assistance
was provided.
Rendering Aid or Seeking Assistance for Another
The bill would make immunity available to a person who,
on behalf of a person who appeared to need medical
assistance due to the use of a controlled substance:
● Rendered aid; or
● Initiated contact with law enforcement or EMS and
requested medical assistance for such person.
Such person would also be required to:
● Provide their full name and any other relevant
information necessary to provide medical
assistance requested by law enforcement or EMS
personnel;
● Remain at the scene with the person needing
medical assistance until EMS personnel and law
enforcement officers arrived; and
● Cooperate with EMS personnel and law
enforcement in providing medical assistance.
Persons in Need of Medical Assistance
Under the bill, immunity would be available to the person
who reasonably appeared to need medical assistance due to
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the use of a controlled substance and who cooperated with
EMS personnel and law enforcement while medical
assistance was provided.

Immunity Conditions and Exceptions
Persons who otherwise qualify under the bill would be
immune from criminal prosecution for the crimes of
possession of a controlled substance, or possession with
intent to use drug paraphernalia to introduce a controlled
substance into the human body pursuant to the Kansas
Criminal Code or any city ordinance or county resolution for
the same acts.
Intent to Distribute
If a quantity of controlled substances were found at the
scene of the encounter with law enforcement that would be
sufficient to create a rebuttable presumption of intent to
distribute, immunity from criminal prosecution or having an
arrest warrant issued would not be available to persons who
may otherwise qualify.
Warrants and Searches
The bill would not extend immunity to persons who seek
medical assistance during the course of the execution of an
arrest or search warrant or during a lawful search.
Other Evidence
The bill contains a provision indicating persons immune
to prosecution under the bill could be prosecuted based on
evidence obtained from an independent source.


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Civil Liability
Under the bill, law enforcement agencies and officers
would not be liable based on an officer’s compliance or failure
to comply with the bill.
Furthermore, the bill would extend civil liability immunity
to officers who arrest persons later determined to be immune
from prosecution, unless such officer’s conduct was reckless
or constituted intentional misconduct.

Background
The bill was introduced by Representatives Hoheisel,
Alcala, Probst, and Proctor.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 25, 2024,
proponent testimony was provided by Representatives
Hoheisel, Probst, and Proctor; representatives of DCCCA, the
Behavioral Health Association of Kansas, the Kansas
Association of Chiefs of Police, Kansas Peace Officers
Association, the Kansas Sheriffs Association, and Safe
Streets Wichita Coalition; and eight private citizens. The
proponents indicated fentanyl is killing many Kansans, and
passage of the bill could save lives by encouraging the
seeking of medical assistance for persons experiencing an
overdose.
Written-only proponent testimony was provided by
representatives of the Board of Indigents’ Defense Services,
Cross-Lines Community Outreach, Johnson County Mental
Health Center, Kansas Bureau of Investigation (KBI), Kansas
Department for Aging and Disability Services, Kansas
Department of Health and Environment, Kansas Public
Health Association, Lawrence-Douglas County Public Health,
United Community Services of Johnson County, and

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Wyandotte County Public Health Department, and three
private citizens.
Neutral testimony was provided by a representative of
First Call Alcohol/Drug Prevention & Recovery, who stated
that in jurisdictions with a “Good Samaritan” law, rates of
calling to seek medical assistance are low, but the
organizations hopes this bill results in persons seeking
medical assistance without fear of reprisal.
Opponent testimony was provided by a private citizen,
who stated their concerns regarding law enforcement
discretion under the bill, provisions concerning the number of
people who may receive immunity, and the quantity of
controlled substances present.
No other testimony was provided.
The House Committee amended the bill to:
● Remove language that limited the number of
people who would be eligible for immunity;
● Specify that a person would be required to provide
information that is necessary for medical
assistance in addition to their full name; and
● Specify that a person acting in accordance with the
bill would neither be taken into custody nor have a
warrant for arrest issued against them for a
violation of certain release conditions.
On February 6, 2024, the bill was withdrawn from the
House Calendar and rereferred to the House Committee on
Corrections and Juvenile Justice.
On February 8, 2024, the House Committee further
amended the bill to:


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 ● Specify that only the offense of possession with
intent to use drug paraphernalia to store, contain,
conceal, inject, ingest, inhale, or otherwise
introduce a controlled substance into the body is
eligible for immunity from prosecution; and
● Remove the previous amendment specifying that a
person acting in accordance with the bill would
neither be taken into custody nor have a warrant
for arrest issued against them for a violation of
certain release conditions.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Commission
on Peace Officers’ Standards and Training (KSCPOST)
states its sole funding source is municipal court costs fees,
and that with the possibility that certain drug possession
crimes could avoid prosecution under the bill, it would reduce
KSCPOST revenues. The agency estimates that 5.0 percent
of people charged with misdemeanor drug crimes would
utilize the provisions of the bill, which would cause a
reduction of approximately $20,000, beginning in FY 2025.
The Office of the Attorney General, KBI, the Emergency
Medical Services Board, the Office of Judicial Administration,
and the Kansas Highway Patrol indicate enactment of the bill
would have no fiscal effect. Any fiscal effect associated with
the bill is not reflected in The FY 2025 Governor’s Budget
Report.
The Kansas Association of Counties states it cannot
estimate a fiscal effect because it cannot estimate how often
the provisions of the bill would be used to avoid prosecution
and what local resources would be used in responding to
requests for medical assistance.


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 The League of Kansas Municipalities states
municipalities would be required to develop and implement
new procedures related to drug crimes, which would result in
additional time and training expenditures; however, a precise
estimate could not be determined.
Controlled substance; medical assistance; possession; paraphernalia; immunity; law
enforcement; emergency medical services


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