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 dismissal of certain first-time drug offenses under circumstances applicable to the overdose affirmative defense;
- 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;
- includes a coordination clause to coordinate changes between this bill and H.B. 301, Drug Recodification, if both bills pass and become law; and
- makes technical and conforming changes.Statutes affected:
Introduced: 58-37-8, 76-3-203.11
Substitute #1: 58-37-8, 76-3-203.11