A04080
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
137
Session of
2019
INTRODUCED BY QUINN, McNEILL, COX, SAYLOR, SIMMONS, HILL-EVANS,
BARRAR, CONKLIN, STRUZZI, STAATS, HAHN, KORTZ, EVERETT,
JOHNSON-HARRELL AND ROTHMAN, JANUARY 28, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2019
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(c) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended AND THE SECTION IS AMENDED
BY ADDING A SUBSECTION to read:
Section 13.7. Drug Overdose Response Immunity.--* * *
(c) [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
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remained with them may not be charged and is entitled to
immunity under this section.] (1) A person experiencing a drug
overdose event may not be charged and shall be immune from
prosecution if, within ten days after receiving medical
attention for the drug overdose event, the person experiencing
the drug overdose event obtained a screening and received a
referral for treatment from a properly accredited addiction
services provider, including a certified recovery specialist or
other trained medical professional.
(2) A person who transported or reported and remained with a
person experiencing a drug overdose event may not be charged and
is entitled to immunity under this section. ONLY IF:
(1) A PERSON WHO TRANSPORTED OR REPORTED AND REMAINED WITH
THEM MAY NOT BE CHARGED AND IS ENTITLED TO IMMUNITY UNDER THIS
SECTION; AND
(2) WITHIN THIRTY DAYS AFTER RECEIVING THE WRITTEN NOTICE
UNDER SUBSECTION (C.1), THE PERSON EXPERIENCING THE DRUG
OVERDOSE OBTAINS SCREENING AND, IF TREATMENT IS RECOMMENDED,
RECEIVES A REFERRAL FOR TREATMENT FROM A PROPERLY ACCREDITED
ADDICTION SERVICES PROVIDER OR PROFESSIONAL. THE PERSON SHALL,
IF REQUESTED BY THE ATTORNEY FOR THE COMMONWEALTH, ISSUING
AUTHORITY OR TRIAL COURT, SUBMIT DOCUMENTATION VERIFYING THAT
THE PERSON OBTAINED SCREENING AND, IF APPLICABLE, RECEIVED A
REFERRAL FOR TREATMENT. THE DOCUMENTATION SHALL BE LIMITED TO
THE DATE AND TIME OF THE SCREENING OBTAINED AND, IF APPLICABLE,
REFERRAL RECEIVED. THIS PARAGRAPH SHALL NOT APPLY TO A PERSON
THAT DEMONSTRATES A REASONABLE INABILITY TO PAY FOR OR OTHERWISE
OBTAIN THE SCREENING AND REFERRAL.
(C.1) THE ARRESTING LAW ENFORCEMENT OFFICER, ATTORNEY FOR
THE COMMONWEALTH, ISSUING AUTHORITY OR TRIAL COURT SHALL PROVIDE
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WRITTEN NOTICE TO THE PERSON THAT EXPERIENCED THE DRUG OVERDOSE
OF THE REQUIREMENTS SPECIFIED IN SUBSECTION (C)(2).
* * *
Section 1. Section 13.7(a) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is 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:
(1) law enforcement officers only became aware of the
person's commission of an offense listed in subsection (b)
because the person transported a person experiencing a drug
overdose event to a law enforcement agency, a campus security
office or a health care facility; [or]
(2) all of the following apply:
(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 was in
need of immediate medical attention and was necessary to prevent
death or serious bodily injury due to a drug overdose;
(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 needing immediate
medical attention until a law enforcement officer, a campus
security officer or emergency services personnel arrived[.] ;or
(3) law enforcement officers only became aware of the
person's commission of an offense listed in subsection (b)
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because the person reasonably believed that they were
experiencing a drug overdose event or in need of immediate
medical assistance and contacted or self-reported to a law
enforcement agency, a campus security office or a health care
facility.
* * *
Section 2. This act shall take effect in 60 days.
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