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Pennsylvania House of Representatives
04/24/2024 04:56 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=10491
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 3, 2013 10:51 AM
From: Representative Ron Miller
To: All House members
Subject: Immunity from Prosecution - Former HB 171
 
In the near future, I am planning to introduce legislation which will add a subsection 13.3 to the Controlled Substance, Drug Device and Cosmetic Act.

According to the Center for Disease Control’s most recent data, drug related deaths have roughly doubled from the late 1990’s to 2006. Additionally, in sixteen states – including Pennsylvania, the number of drug related deaths have overtaken the number of deaths related to traffic accidents. One reason that an individual might not receive medical attention is the fear of being caught with illegal drugs. Under the present statute, there is no immunity from prosecution for drug related charges if an individual is attempting to summon the help that is needed.

My legislation would provide for immunity from prosecution for drug related charges if the individual can establish that (1) the person reasonably believed that he or she was witnessing a drug overdose; (2) the person was the first to seek medical assistance for the person experiencing the drug overdose; (3) the individual provided his own name to emergency personnel; and (4) the individual remained with the person in need of medical attention until emergency health care providers arrived and the need for his presence had ended. This immunity will not apply if any of the following occur: (1) the person provided the drugs which were taken by the individual experiencing the overdose; (2) a criminal charge can be filed relating to the manufacture of or possession with intent to manufacture controlled substances; or (3) a criminal charge can be filed relating to delivery or possession with intent to deliver a controlled substance.

Former co-sponsors: MILLER , FLECK , GINGRICH , GRELL , PYLE , ROSS , HORNAMAN and MILNE

Introduced as HB1149