THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MILLER, FLECK, GINGRICH, GRELL, PYLE AND ROSS, JANUARY 24, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2011  

AN ACT

Amending the act of April 14, 1972 (P.L.233, No.64), entitled

"An act relating to the manufacture, sale and possession of

controlled substances, other drugs, devices and cosmetics;

conferring powers on the courts and the secretary and

Department of Health, and a newly created Pennsylvania Drug,

Device and Cosmetic Board; establishing schedules of

controlled substances; providing penalties; requiring

registration of persons engaged in the drug trade and for the

revocation or suspension of certain licenses and

registrations; and repealing an act," providing for immunity

from prosecution.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, is

amended by adding a section to read:

Section 13.6.  Immunity from Prosecution.--(a)  A person

shall be immune from prosecution for a violation of this act if

the person can establish all of the following:

(1)  The person reasonably believed he or she was witnessing

another person experience a drug-related overdose.

(2)  The person was the first person to seek medical

assistance for the person experiencing the overdose.

(3)  The person provided his own name to emergency personnel.

(4)  The person remained with the person needing medical

assistance until emergency health care providers arrived and the

need for his presence ended.

(b)  This section shall 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 the intent to manufacture

controlled substances.

(3)  A criminal charge can be filed relating to delivery or

possession with intent to deliver a controlled substance.

Section 2.  This act shall take effect in 60 days.