Bill Text: CA SB67 | 2023-2024 | Regular Session | Amended

California Senate Bill 67

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled substances: overdose reporting.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 859, Statutes of 2023. [SB67 Detail]

Download: California-2023-SB67-Amended.html

Amended IN Assembly September 07, 2023

Amended IN Assembly September 06, 2023

Amended IN Senate April 24, 2023

Amended IN Senate February 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 67

Introduced by Senator Seyarto
(Coauthors: Senators Jones, Niello, Umberg, and Wilk)
(Coauthors: Assembly Members Dixon, Flora, Hoover, Lackey, Mathis, Jim Patterson, and Waldron)

January 05, 2023

An act to amend Section 11758.03 of, to add Sections 11758.02 and 11758.04 to, and to repeal Section 11758.06 of, the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 67, as amended, Seyarto. Controlled substances: overdose reporting.

Existing law requires the coroner to inquire into and determine the manner, circumstances, and cause of all violent, sudden, or unusual deaths. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner.

This bill would require a coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose to report the data gathered pursuant to the bill to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. By imposing new duties on coroners and medical examiners, this bill would impose a state-mandated local program.

The bill would exempt a coroner or medical examiner from civil or criminal liability for making a report in good faith.

The California Constitution provides for the Right to Truth-in-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

This bill would prohibit overdose information reported by a coroner or medical examiner from being used in a criminal investigation or prosecution, thereby requiring a ²/₃ vote.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 11758.02 is added to the Health and Safety Code, to read:

11758.02.

It is the intent of the Legislature that the overdose information gathered pursuant to this chapter shall be used for the purpose of making decisions regarding the allocation of public health and educational resources to communities adversely impacted by the use of drugs that lead to overdoses.

SEC. 2.

Section 11758.03 of the Health and Safety Code is amended to read:

11758.03.

For purposes of this chapter, the following terms have the following meanings:

(a) “Coroner” means a person whose responsibilities include those described in Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code.

(b) “Department” means the State Department of Public Health.

(c) “Medical examiner” means a person who exercises the powers and performs the duties of a coroner, as provided for in Section 24010 of the Government Code.

(d) “Overdose” means a condition, including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, resulting from the consumption or use of any controlled dangerous substance that requires medical attention, assistance, or treatment, and clinical suspicion for drug overdose, including respiratory depression, unconsciousness, or altered mental state, without other conditions to explain the clinical condition.

SEC. 3.

Section 11758.04 is added to the Health and Safety Code, to read:

11758.04.

(a) A coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose as a contributing factor, shall report the incident to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program.

(b) The coroner or medical examiner shall make the report as soon as possible, but not later than 120 hours after examining the individual. If the cause of death is still preliminary and pending toxicology screens, the coroner or medical examiner shall report the overdose as a preliminary report, and shall update the report when the cause of death is confirmed.

(c) Overdose information reported to the Overdose Detection Mapping Application Program by a coroner or medical examiner, or shared with the Overdose Detection Mapping Application Program by the Emergency Medical Services Authority, shall not be used for a criminal investigation or prosecution.

(d) A person who in good faith makes a report under this section shall be immune from civil or criminal liability for making the report.

SEC. 4.

Section 11758.06 of the Health and Safety Code is repealed.

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.