This bill changes the law regarding immunity from prosecution when certain persons seek medical assistance for a drug overdose as described below.
Present law prohibits:
(1) A person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose from being arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance; and
(2) A person who is experiencing a drug overdose and who in good faith seeks medical assistance for or is the subject of a request for medical assistance from being arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance.
Present law defines “seeks medical assistance” as accessing or assisting in accessing medical assistance or the 911 system; contacting or assisting in contacting law enforcement or a poison control center; or providing care or contacts or assists in contacting any person or entity to provide care while awaiting the arrival of medical assistance to aid a person who is experiencing or believed to be experiencing a drug overdose.
Present law provides that the immunity from arrest, charges, and prosecution described in (1) and (2) above applies to the person experiencing a drug overdose only on the person's first such drug overdose. This bill removes this limitation of the applicability of the immunity to only the first drug overdose.
ON FEBRUARY 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 256, AS AMENDED.
AMENDMENT #1 rewrites this bill, such that the immunity from being arrested, charged, or prosecuted may be applied for a person who experiences subsequent drug overdoses at the discretion of the responding law enforcement officer or the district attorney general's office.

Statutes affected:
Introduced: 63-1-156(b), 63-1-156