Bill Text: AZ HB2101 | 2018 | Fifty-third Legislature 2nd Regular | Introduced


Bill Title: Medical assistance requests; evidence; mitigation

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2018-01-16 - House read second time [HB2101 Detail]

Download: Arizona-2018-HB2101-Introduced.html

 

 

PREFILED    JAN 08 2018

REFERENCE TITLE: medical assistance requests; evidence; mitigation

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HB 2101

 

Introduced by

Representatives Powers Hannley: Alston, Blanc, Bolding, Butler, Clark, Engel, Epstein, Fernandez, Friese, Gabaldón, Navarrete, Saldate, Salman

 

 

AN ACT

 

amending title 13, chapter 34, Arizona Revised Statutes, by adding section 13‑3423; relating to drug offenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3423, to read:

START_STATUTE13-3423.  Medical assistance requests; prohibited prosecution of Good Samaritan; mitigating factor

A.  A person who, in good faith, seeks medical assistance for someone experiencing a drug related overdose may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the seeking of medical assistance.

B.  A person who experiences a drug related overdose and who is in need of medical assistance may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the overdose and the need for medical assistance.

C.  The act of seeking medical assistance for someone who is experiencing a drug related overdose may be used as a mitigating factor in a criminal prosecution for a violation of this chapter. END_STATUTE

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