ON APRIL 22, 2025, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 1233, AS AMENDED. AMENDMENT #3 rewrites this bill to make the following changes and additions to present law concerning criminal justice: (1) Requires that a person convicted of knowingly possessing or casually exchanging a controlled substance with respect to any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, or any fentanyl derivative or analogue must be punished by confinement for not less 30 days, and the person shall serve at least 100% of the 30-day minimum before participating in a drug or recovery court; (2) Present law generally requires that a peace officer who arrests a person for a misdemeanor issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate. This amendment provides that such requirement does not apply to a person arrested for knowingly possessing or casually exchanging a controlled substance with respect to any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil; (3) Authorizes a domestic abuse victim to file a petition for a lifetime order of protection, prior to the respondent's conviction for a qualifying offense, with the court with criminal jurisdiction over the respondent's trial for the offense on which the petition is based. The court shall cause a copy of the petition to be served upon the respondent, with notice that a hearing on the petition will be held immediately following the entry of judgment, if the respondent is convicted of the offense on which the petition is based; provided, however, that a hearing must not occur for at least five days from the date of service. If the respondent is not convicted of the offense on which the petition is based, then the court is required to dismiss the petition. If the respondent is convicted of the offense on which the petition is based, then the court is required to hold a hearing on the petition immediately following the entry of judgment; and (4) Present law prohibits removing or disturbing the body or articles at the scene where it appears died by means of violence. This amendment makes such prohibition applicable to scenes where a person appears to have died as the result of a drug overdose; provided, that it is not a violation for a person to administer an opioid antagonist to an individual experiencing a drug-related overdose.

Statutes affected:
Introduced: 39-16-202(a)(1), 39-16-202
Amended with SA0446 -- 04/22/2025: 39-16-202(a)(1), 39-16-202, 39-17-418(c), 39-17-418, 40-7-118(b)(2), 40-7-118, 36-3-601(3), 36-3-601, 36-3-627(b), 36-3-627, 38-1-102