REFERENCE TITLE: medical assistance requests; evidence; mitigation.

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SB 1403

 

Introduced by

Senators Hobbs, Bradley, Cajero Bedford, Sherwood: Contreras, Dalessandro, Farley

 

 

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 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