Bill Text: FL S0530 | 2019 | Regular Session | Introduced


Bill Title: Alcohol or Drug Overdose Prosecutions

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-04-24 - Laid on Table, refer to CS/CS/HB 595 [S0530 Detail]

Download: Florida-2019-S0530-Introduced.html
       Florida Senate - 2019                                     SB 530
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00741A-19                                           2019530__
    1                        A bill to be entitled                      
    2         An act relating to alcohol or drug overdose
    3         prosecutions; creating s. 562.112, F.S.; prohibiting
    4         the arrest, charge, prosecution, or penalization under
    5         specified provisions of a person acting in good faith
    6         who seeks medical assistance for an individual
    7         experiencing, or believed to be experiencing, an
    8         alcohol-related overdose; providing requirements for
    9         that person; prohibiting the arrest, charge,
   10         prosecution, or penalization under specified
   11         provisions of a person who experiences, or has a good
   12         faith belief that he or she is experiencing, an
   13         alcohol-related overdose; prohibiting the protection
   14         from arrest, charge, prosecution, or penalization for
   15         certain offenses from being grounds for suppression of
   16         evidence in other criminal prosecutions; amending s.
   17         893.21, F.S.; prohibiting the arrest, charge,
   18         prosecution, or penalization under specified
   19         provisions of a person acting in good faith who seeks
   20         medical assistance for an individual experiencing, or
   21         believed to be experiencing, a drug-related overdose;
   22         prohibiting the arrest, charge, prosecution, or
   23         penalization under specified provisions of a person
   24         who experiences, or has a good faith belief that he or
   25         she is experiencing, a drug-related overdose;
   26         prohibiting a person from being penalized for a
   27         violation of a condition of certain programs if that
   28         person in good faith seeks medical assistance for
   29         himself or herself or an individual experiencing, or
   30         believed to be experiencing, a drug-related overdose;
   31         prohibiting the protection from arrest, charge,
   32         prosecution, or penalization for certain offenses from
   33         being grounds for suppression of evidence in other
   34         criminal prosecutions; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 562.112, Florida Statutes, is created to
   39  read:
   40         562.112 Alcohol-related overdoses; medical assistance;
   41  immunity from arrest, charge, prosecution, and penalization.—
   42         (1) A person who gives alcohol to an individual under 21
   43  years of age and who, acting in good faith, seeks medical
   44  assistance for the individual experiencing, or believed to be
   45  experiencing, an alcohol-related overdose may not be arrested,
   46  charged, prosecuted, or penalized for a violation of s. 562.11
   47  or s. 562.111 if the evidence for such offense was obtained as a
   48  result of the person’s seeking medical assistance. The person
   49  must remain at the scene until emergency medical services
   50  personnel arrive and must cooperate with the emergency medical
   51  services personnel and law enforcement officers at the scene.
   52         (2) A person who experiences, or has a good faith belief
   53  that he or she is experiencing, an alcohol-related overdose and
   54  is in need of medical assistance may not be arrested, charged,
   55  prosecuted, or penalized for a violation of s. 562.111 if the
   56  evidence for such offense was obtained as a result of the
   57  person’s seeking medical assistance.
   58         (3) Protection under this section from arrest, charge,
   59  prosecution, or penalization for an offense listed in this
   60  section may not be grounds for suppression of evidence in other
   61  criminal prosecutions.
   62         Section 2. Section 893.21, Florida Statutes, is amended to
   63  read:
   64         893.21 Drug-related overdoses; medical assistance; immunity
   65  from arrest, charge, prosecution, and penalization.—
   66         (1) A person acting in good faith who seeks medical
   67  assistance for an individual experiencing, or believed to be
   68  experiencing, a drug-related overdose may not be arrested,
   69  charged, prosecuted, or penalized pursuant to this chapter for a
   70  violation of s. 782.04(1)(a)3., s. 893.13, s. 893.135, or s.
   71  893.147 possession of a controlled substance if the evidence for
   72  such offense possession of a controlled substance was obtained
   73  as a result of the person’s seeking medical assistance.
   74         (2) A person who experiences, or has a good faith belief
   75  that he or she is experiencing, a drug-related overdose and is
   76  in need of medical assistance may not be arrested, charged,
   77  prosecuted, or penalized pursuant to this chapter for a
   78  violation of s. 893.13, s. 893.135, or s. 893.147 possession of
   79  a controlled substance if the evidence for such offense
   80  possession of a controlled substance was obtained as a result of
   81  the person’s seeking the overdose and the need for medical
   82  assistance.
   83         (3) A person who experiences, or has a good faith belief
   84  that he or she is experiencing, a drug-related overdose and
   85  receives medical assistance, or a person acting in good faith
   86  who seeks medical assistance for an individual experiencing, or
   87  believed to be experiencing, a drug-related overdose, may not be
   88  penalized for a violation of a condition of pretrial release,
   89  probation, or parole if the evidence for such violation was
   90  obtained as a result of the person’s seeking medical assistance.
   91         (4)(3) Protection under in this section from arrest,
   92  charge, prosecution, or penalization for an offense listed in
   93  this section possession offenses under this chapter may not be
   94  grounds for suppression of evidence in other criminal
   95  prosecutions.
   96         Section 3. This act shall take effect July 1, 2019.

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