PRINTER'S NO. 1234
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
876
Session of
2019
INTRODUCED BY YAW, BROOKS, LANGERHOLC, BARTOLOTTA, BREWSTER,
SCAVELLO, KILLION, COSTA, REGAN, STEFANO, DINNIMAN AND
HAYWOOD, OCTOBER 7, 2019
REFERRED TO JUDICIARY, OCTOBER 7, 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 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)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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.
(b) The prohibition on charging or prosecuting a person as
described in subsection (a) bars charging or prosecuting a
person for probation and parole violations and for violations of
section 13(a)(5), (16), (19), (31), (32), (33) and (37).
(c) Persons experiencing drug overdose events may not be
charged and shall be immune from prosecution as provided in
subsection (b) 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 of experiencing the drug overdose
event, the person participates in a drug treatment program
ordered by the parole board or the court with jurisdiction over
the potential criminal charges.
20190SB0876PN1234 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
(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) This section may not bar charging or prosecuting a
person who experienced a drug overdose event for offenses
enumerated in subsection (b) if the person fails to participate
in a drug treatment program mandated under subsection (c)(2).
(e) In addition to any other applicable immunity or
limitation on civil liability, a law enforcement officer or
prosecuting attorney who, acting in good faith, charges a person
who is thereafter determined to be entitled to immunity under
this section shall not be subject to civil liability for the
filing of the charges.
20190SB0876PN1234 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 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
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,
20190SB0876PN1234 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
20190SB0876PN1234 - 5 -
1
2
3
4