PRINTER'S NO. 388
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
408
Session of
2019
INTRODUCED BY K. WARD, YAW, SCARNATI, MARTIN, REGAN, BROWNE,
KILLION, J. WARD AND STEFANO, MARCH 11, 2019
REFERRED TO JUDICIARY, MARCH 11, 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) and (d) of the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, are 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
remained with them may not be charged and is entitled to
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immunity under this section.] A person who has sought medical
assistance for a drug overdose or for whom medical assistance
for an overdose has been obtained may not be charged for any
offense listed in subsection (b) and shall be immune from
prosecution as provided in subsection (b) if:
(1) The evidence for the offense was obtained as a result of
the person seeking medical assistance for the drug overdose or
medical assistance was sought on the person's behalf for the
drug overdose.
(2) Within thirty days after seeking or obtaining medical
assistance for the drug overdose, the person seeks and obtains a
screening and receives a referral for treatment from a certified
alcohol and drug counselor or certified advanced alcohol and
drug counselor.
(3) The person provides, upon the request of any prosecuting
attorney, documentation providing verification by a certified
alcohol and drug counselor or certified advanced alcohol and
drug counselor that the person submitted to a screening and
received a referral for treatment.
(d) The prohibition on charging or prosecuting a person as
described in this section is limited in the following respects:
(1) This section may not bar charging or prosecuting a
person for offenses enumerated in subsection (b) if a law
enforcement officer obtains information prior to or independent
of the action of seeking or obtaining emergency assistance as
described in subsection (a).
(2) This section may not interfere with or prevent the
investigation, arrest, charging or prosecution of a person for
the delivery or distribution of a controlled substance, drug-
induced homicide or any other crime not set forth in subsection
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(b).
(3) This section may not bar the admissibility of any
evidence in connection with the investigation and prosecution
for any other prosecution not barred by this section.
(4) This section may not bar the admissibility of any
evidence in connection with the investigation and prosecution of
a crime with regard to another defendant who does not
independently qualify for the prohibition on charging or
prosecuting a person as provided for by this section.
(5) No person shall be granted immunity under subsection (c)
more than twice.
* * *
(e.1) This section shall not apply to a person who twice
previously has been granted immunity under subsection (c).
* * *
Section 2. This act shall take effect in 60 days.
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