Bill Text: NJ S2637 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides conditions for dismissal of certain drug-related charges against defendant who seeks emergency medical assistance for drug overdose.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-04 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2637 Detail]
Download: New_Jersey-2012-S2637-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Provides conditions for dismissal of certain drug-related charges against defendant who seeks emergency medical assistance for drug overdose.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain criminal prosecutions in cases involving the seeking of emergency medical assistance for drug overdoses and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Upon a motion by the defendant made in accordance with the provisions of the Rules Governing the Courts of the State of New Jersey regarding pre-trial motions and any procedures established by the Administrative Office of the Courts, a court shall dismiss a charge for a violation of N.J.S.2C:35-10, N.J.S.2C:36-2, or N.J.S.2C:36-6 that does not involve selling, furnishing or giving to any person a syringe, needle or instrument, where the court finds by a preponderance of the evidence that:
(1) the defendant, acting in good faith, sought emergency medical assistance for what he reasonably believed was a drug overdose experienced by the defendant or another person;
(2) the evidence for the charge was obtained as a result of the defendant seeking emergency medical assistance for the drug overdose;
(3) the defendant has no other pending criminal charges arising out of the same facts and circumstances that underlie the charge that is the subject of the motion; has no pending criminal charges for a drug distribution or manufacturing offense, including any charge for possession with the intent to distribute a controlled dangerous substance; and has not previously been convicted of a crime of the third degree or higher involving drug distribution or manufacturing, including a charge for possession with the intent to distribute; and
(4) the defendant has undergone a professional diagnostic assessment to evaluate whether he is a drug or alcohol dependent person, in accordance with any procedures that may be established by the Administrative Office of the Courts or required by the court; has cooperated with the assessment; and has a submitted the written report of the assessment to the court.
b. The defendant shall bear the burden of proof in any motion to dismiss made pursuant to this section.
c. The provisions of this section shall not be construed to provide any basis for relief in any circumstances other than those expressly authorized.
d. For the purposes of this section:
"Drug or alcohol dependent person" shall have the meaning set forth in N.J.S.2C:35-2.
"Drug overdose" means a controlled substance-induced physiological event that results in a life-threatening medical emergency to the individual who consumed or used a controlled dangerous substance or a substance that was combined with a controlled dangerous substance.
"Emergency medical assistance" means professional medical services that are provided by a health care professional, acting within the scope of his lawful practice, including professional medical services that are mobilized through telephone contact with the "9-1-1" telephone emergency service.
2. This act shall take effect on the first day of the third month following the date of enactment.
STATEMENT
This bill establishes the conditions under which a court could dismiss certain drug-related charges against a defendant arising from the defendant having sought emergency medical assistance for what he or she reasonably believed was a drug overdose experienced by the defendant or another person.
Specifically, the bill provides that, upon the defendant's motion, a court is to dismiss a charge for a violation of N.J.S.2C:35-10 (possession, use, being under the influence, or failure to make a lawful disposition of a controlled dangerous substance); N.J.S.2C:36-2 (use or possession with intent to use a controlled dangerous substance); or N.J.S.2C:36-6 (unlawful possession of a hypodermic syringe, needle, or other instrument), under the conditions set forth in the bill. The charges are to be dismissed where the court finds by a preponderance of the evidence that:
(1) the defendant, acting in good faith, sought emergency medical assistance for what he or she reasonably believed was a drug overdose experienced by the defendant or another person;
(2) the evidence for the charge was obtained as a result of the defendant seeking emergency medical assistance for the drug overdose;
(3) the defendant has no other pending criminal charges arising out of the same facts and circumstances that underlie the charge that is the subject of the motion; has no pending criminal charges for a drug distribution or manufacturing offense, including any charge for possession with the intent to distribute a controlled dangerous substance; and has not previously been convicted of a crime of the third degree or higher involving drug distribution or manufacturing, including a charge for possession with the intent to distribute; and
(4) the defendant has undergone a professional diagnostic assessment to evaluate whether he or she is a drug or alcohol dependent person, has cooperated with the assessment, and has a submitted the written report of the assessment to the court.
