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PRINTER'S NO. 4280
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2719
Session of
2018
INTRODUCED BY COMITTA, DALEY, SCHLOSSBERG, J. McNEILL,
YOUNGBLOOD AND HILL-EVANS, OCTOBER 17, 2018
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2018
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," further providing for
drug overdose response immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.7(a)(2), (c) and (f) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, are amended to read:
Section 13.7. Drug Overdose Response Immunity.--(a) A
person may not be charged and shall be immune from prosecution
for any offense listed in subsection (b) and for a violation of
probation or parole if the person can establish the following:
* * *
(2) all of the following apply:
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(i) the person reported, in good faith, a drug overdose
event to a law enforcement officer, the 911 system, a campus
security officer or emergency services personnel and the report
was made on the reasonable belief that [another person] a person
experiencing a drug overdose event was in need of immediate
medical attention and was necessary to prevent death or serious
bodily injury due to a drug overdose event;
(ii) the person provided his own name and location and
cooperated with the law enforcement officer, 911 system, campus
security officer or emergency services personnel; and
(iii) the person remained with the person experiencing a
drug overdose event and needing immediate medical attention
until a law enforcement officer, a campus security officer or
emergency services personnel arrived.
* * *
(c) [Persons] Notwithstanding any other provision of law,
persons experiencing drug overdose events may not be charged and
shall be immune from prosecution as provided in subsection (b)
if [a person who transported or reported and remained with them
may not be charged and is entitled to immunity under this
section.] the following apply:
(1) The person came to the attention of law enforcement as a
result of a request for immediate medical attention to prevent
death or serious bodily injury.
(2) The person agrees to undergo a drug and alcohol
assessment within 45 days of the date of the drug overdose
event.
(3) The person has not been convicted of a second or
subsequent offense or prosecuted for a probation or parole
violation of section 13(a)(5), (16), (19), (31), (32), (33) and
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(37).
* * *
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"911 system." A system, including enhanced 911 service and a
wireless E-911 system, that permits a person dialing 911 by
telephone to be connected to a public safety answering point,
via normal telephone facilities, for the reporting of police,
fire, medical or other emergency situations.
"Campus security officer." An employee of an institution of
higher education charged with maintaining the safety and
security of the property of the institution and the persons on
the property.
"Drug and alcohol assessment." An assessment performed by an
accredited addiction services provider or professional to
evaluate an individual's need for addiction treatment and
counseling services.
"Drug overdose event." An acute medical condition,
including, but not limited to, severe physical illness, coma,
mania, hysteria or death, which is the result of consumption or
use of one or more controlled substances causing an adverse
reaction. A patient's condition shall be deemed to be a drug
overdose if a prudent layperson, possessing an average knowledge
of medicine and health, would reasonably believe that the
condition is in fact a drug overdose and requires immediate
medical attention.
"Emergency services personnel." Individuals, including a
trained volunteer or a member of the armed forces of the United
States or the National Guard, whose official or assigned
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responsibilities include performing or directly supporting the
performance of emergency medical and rescue services or
firefighting.
"Law enforcement officer." A person who by virtue of the
person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, or a person on active State duty under 51
Pa.C.S. ยง 508 (relating to active duty for emergency).
Section 2. This act shall take effect in 60 days.
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