Bill Text: FL H0091 | 2011 | Regular Session | Comm Sub

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Bill Title: Drug-related Overdoses

Spectrum: Slight Partisan Bill (Democrat 5-2-1)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0091 Detail]

Download: Florida-2011-H0091-Comm_Sub.html

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CS/HB 91

1	A bill to be entitled
2	An act relating to drug-related overdoses; providing a
3	short title; creating s. 893.21, F.S.; providing that a
4	person acting in good faith who seeks medical assistance
5	for an individual experiencing a drug-related overdose may
6	not be charged, prosecuted, or penalized for specified
7	offenses in certain circumstances; providing that a person
8	who experiences a drug-related overdose and needs medical
9	assistance may not be charged, prosecuted, or penalized
10	for specified offenses in certain circumstances; providing
11	that the protections from prosecution for specified
12	offenses are not grounds for suppression of evidence in
13	other prosecutions; amending s. 921.0026, F.S.; amending
14	mitigating circumstances under which a departure from the
15	lowest permissible criminal sentence is reasonably
16	justified to include circumstances in which a defendant
17	was making a good faith effort to obtain or provide
18	medical assistance for an individual experiencing a drug-
19	related overdose; providing an effective date.
20
21	WHEREAS, some research suggests that in a majority of cases
22	of fatal drug overdose another person was aware of or present
23	during the decedent's fatal drug use and that in one third of
24	the cases someone recognized the decedent's distress, and
25	WHEREAS, many people cite fear of police involvement or
26	fear of arrest as their primary reason for not seeking immediate
27	help for a person thought to be experiencing a drug overdose,
28	and
29	WHEREAS, it is in the public interest to encourage a person
30	who is aware of or present during another individual's drug
31	overdose to seek medical assistance for that individual, NOW,
32	THEREFORE,
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  This act may be cited as the "911 Good
37	Samaritan Act."
38	Section 2.  Section 893.21, Florida Statutes, is created to
39	read:
40	893.21  Drug-related overdoses; medical assistance;
41	immunity from prosecution.-
42	(1)  A person acting in good faith who seeks medical
43	assistance for an individual experiencing a drug-related
44	overdose may not be charged, prosecuted, or penalized pursuant
45	to this chapter for possession of a controlled substance if the
46	evidence for possession of a controlled substance was obtained
47	as a result of the person's seeking medical assistance.
48	(2)  A person who experiences a drug-related overdose and
49	is in need of medical assistance may not be charged, prosecuted,
50	or penalized pursuant to this chapter for possession of a
51	controlled substance if the evidence for possession of a
52	controlled substance was obtained as a result of the overdose
53	and the need for medical assistance.
54	(3)  Protection in this section from prosecution for
55	possession offenses under this chapter may not be grounds for
56	suppression of evidence in other criminal prosecutions.
57	Section 3.  Paragraph (n) is added to subsection (2) of
58	section 921.0026, Florida Statutes, to read:
59	921.0026  Mitigating circumstances.-This section applies to
60	any felony offense, except any capital felony, committed on or
61	after October 1, 1998.
62	(2)  Mitigating circumstances under which a departure from
63	the lowest permissible sentence is reasonably justified include,
64	but are not limited to:
65	(n)  The defendant was making a good faith effort to obtain
66	or provide medical assistance for an individual experiencing a
67	drug-related overdose.
68	Section 4.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.