1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," providing for drug
11overdose response immunity.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The act of April 14, 1972 (P.L.233, No.64), known
15as The Controlled Substance, Drug, Device and Cosmetic Act, is
16amended by adding a section to read:

17Section 13.7. Drug Overdose Response Immunity.--(a) A
18person shall be immune from prosecution for any offense listed
19in subsection (b) and from a violation of probation or parole if
20the person can establish the following:

21(1) law enforcement officers only became aware of the
22person's commission of an offense listed in subsection (b)

1because the person transported a person experiencing a drug
2overdose event to a law enforcement agency, a campus security
3office or a health care facility; or

4(2) all of the following apply:

5(i) law enforcement officers only became aware of the
6person's commission of an offense listed in subsection (b)
7because the person reported, in good faith, a drug overdose
8event to a law enforcement officer, the 911 system, a campus
9security officer or emergency services personnel, based on a
10reasonable belief that another person was in need of immediate
11medical attention to prevent death or serious bodily injury due
12to a drug overdose;

13(ii) the person reasonably believed he was the first person
14to contact a law enforcement officer, the 911 system, a campus
15security officer or emergency services personnel to report that
16the person needed immediate medical attention to prevent death
17or serious bodily injury due to a drug overdose;

18(iii) the person provided his own name and location and
19cooperated with the law enforcement officer, 911 system, campus
20security officer or emergency services personnel; and

21(iv) the person remained with the person needing immediate
22medical attention until a law enforcement officer, a campus
23security officer or emergency services personnel arrived.

24(b) The limited immunity described in subsection (a) bars
25prosecution for probation and parole violations and for
26violations of section 13(a)(5), (16), (19), (31), (32), (33) and

28(c) The immunity described in this section also extends to
29the person who suffered the drug overdose event if all the
30conditions of subsection (a)(1) or (2) are satisfied.

1(d) The immunity described in this section is limited in the
2following respects:

3(1) This section may not bar prosecutions or penalties for
4offenses enumerated in subsection (b) if a law enforcement
5officer obtains information prior to or independent of the
6action of seeking or obtaining emergency assistance as described
7in subsection (a).

8(2) This section may not interfere with or prevent the
9investigation, arrest or prosecution of a person for the
10delivery or distribution of a controlled substance, drug-induced
11homicide or any other crime not set forth in subsection (b).

12(3) This section may not bar the admissibility of any
13evidence in connection with the investigation and prosecution
14for any other prosecution not barred by this section.

15(4) This section may not bar the admissibility of any
16evidence in connection with the investigation and prosecution of
17a crime with regard to another defendant who does not
18independently qualify for the immunity provided for by this

20(e) Definitions.--As used in this section, the following
21words and phrases shall have the meanings given to them in this
22subsection unless the context clearly indicates otherwise:

23"911 system." A system, including enhanced 911 service and a
24wireless E-911 system, that permits a person dialing 911 by
25telephone to be connected to a public safety answering point,
26via normal telephone facilities, for the reporting of police,
27fire, medical or other emergency situations.

28"Campus security officer." An employee of an institution of
29higher education charged with maintaining the safety and
30security of the property of the institution and the persons on

1the property.

2"Drug overdose event." An acute medical condition,
3including, but not limited to, severe physical illness, coma,
4mania, hysteria or death, which is the result of consumption or
5use of one or more controlled substances causing an adverse
6reaction. A patient's condition shall be deemed to be a drug
7overdose if a prudent layperson, possessing an average knowledge
8of medicine and health, would reasonably believe that the
9condition is in fact a drug overdose and requires immediate
10medical attention.

11"Emergency services personnel." Individuals, including a
12trained volunteer or a member of the armed forces of the United
13States or the National Guard, whose official or assigned
14responsibilities include performing or directly supporting the
15performance of emergency medical and rescue services or

17"Law enforcement officer." A person who by virtue of the
18person's office or public employment is vested by law with a
19duty to maintain public order or to make arrests for offenses,
20whether that duty extends to all offenses or is limited to
21specific offenses, or a person on active State duty under 51
22Pa.C.S. § 508 (relating to active duty for emergency).

23Section 2. This act shall take effect in 60 days.