SB12-020, 911 Good Samaritan Bill

SB12-020

911 Good Samaritan Law

Sponsors: Sen. Irene Aguilar / Rep. Ken Summers

Staff Name:  Chadwell Murley

What the Bill Does:
The goal of SB 12-020 is to save lives by preventing death from drug overdose. This legislation would provide protection from certain drug offenses to individuals who contact the emergency system to save a life.

Colorado Context:
Colorado’s overdose death rate ranks in the top one third of the nation with 75% of those deaths in 2010 resulting from the abuse of prescription drugs.#  In 2009, across eight counties in Colorado, 16.2% of deaths were drug related.#  The most common reason people cite for failing to call for emergency assistance when they witness an overdose is fear of police involvement.#  Representatives for Colorado’s law enforcement community state that it is generally their practice to provide medical treatment to overdose victims and not press charges unless there is evidence of other criminal activity, including distribution.

National Context:
New Mexico, Washington, New York, and Connecticut have enacted similar laws that protect the overdose victim and any person seeking medical advice for the victim. New Mexico’s and Washington’s statutes prohibit prosecution of an individual seeking medical assistance for an overdose victim and the victim, if the evidence for the charge of possession was gained as a result of seeking medical assistance.#  Washington’s statute also prohibits the use of evidence gained as a result of seeking medical assistance and allows for the prescription, possession, and administration of naloxone by a person acting in good faith to an individual suffering an apparent opiate related overdose.#  Following its passage in 2010, 88% of individuals who were self-identified opiate users indicated that they were aware of the new law and that they would be more likely to call 911 during future overdoses.#

Bill Provisions:

• Creates limited immunity for persons who suffer or report an emergency drug or alcohol overdose event if:
  • One or more person(s) calls 911 in good faith to report an overdose;
  • The person(s) remain at the scene until a first responder arrives; and
  • The person(s) identify themselves to, and cooperate with, the first responder.
• The limited immunity extends to use and possession of small levels of controlled substances.
• The immunity does not extend to:
• • Any person who possesses any material, compound, mixture, or preparation weighing more than four grams that contains any quantity of Flunitrazepam, Ketamine, or any Schedule I or Schedule II substance other than marijuana or its synthetic analogues.  
  • Any person who possesses any material, compound, mixture, or preparation weighing more than two grams that contains any quantity of methamphetamine.  
  • Any possession in excess of Felony 4 levels.
• The bill encourages the Colorado Commission on Criminal and Juvenile Justice to create and make publicly available a document describing the provisions of this bill.  

Fiscal Impact: Potential savings

History:    The bill passed out of the Judiciary Committee on a 4-3 vote (party lines). The bill included immunity for sharing (“distribution”) of controlled substances without remuneration and thus was opposed by the District Attorney’s lobbyist and the Sheriff’s department.
            Amendment L 005 will be offered on second reading to remove the protection for sharing of controlled substances without remuneration. It is anticipated this will satisfy the concerns of the Sheriff’s department.

Supporters:

• Drug Policy Alliance 
• Servicios de la Raz

 

¹ Denver Department of Human Services

² Center for Behavioral Health Statistics and Quality, SAMHSA, Drug Abuse Warning Network, 2009

³ Drug Policy Alliance Colorado

⁴ § 30-31-27.1 NMSA 1978

⁵ RCW § 69.50.315

⁶ University of Washington Alcohol & Drug Abuse Institute