This bill concerns criminal provisions relating to an overdose.
This bill:
- defines terms;
- amends the affirmative defense based on reporting an overdose event, including to clarify that the affirmative defense may apply to:
an individual who remains with the individual experiencing the overdose event; andthe individual experiencing the overdose event;
- creates an option for a court or a prosecutor to dismiss a first offense for certain drug offenses under circumstances applicable to the overdose affirmative defense if the individual demonstrates an intent to engage with substance abuse treatment;
- amends the sentencing mitigating factor based on reporting an overdose event, including to clarify that the mitigating factor may apply to:an individual who remains with the individual experiencing the overdose event; andthe individual experiencing the overdose event; and
- makes technical and conforming changes.Statutes affected:
Introduced: 58-37-8, 76-3-203.11