Bill Text: FL S0970 | 2018 | Regular Session | Comm Sub

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Bill Title: Alcohol and Drug-related Overdoses

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S0970 Detail]

Download: Florida-2018-S0970-Comm_Sub.html

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       Florida Senate - 2018                       CS for CS for SB 970
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Brandes
       
       
       
       
       590-02438-18                                           2018970c2
    1                        A bill to be entitled                      
    2         An act relating to alcohol and drug-related overdoses;
    3         amending s. 893.21, F.S.; prohibiting the arrest,
    4         charging, prosecution, or penalizing under specified
    5         provisions of a person acting in good faith who seeks
    6         medical assistance for an individual experiencing, or
    7         believed to be experiencing, an alcohol or a drug
    8         related overdose; prohibiting the arrest, charging,
    9         prosecution, or penalizing under specified provisions
   10         of a person who experiences, or has a good faith
   11         belief that he or she is experiencing, an alcohol or a
   12         drug-related overdose; prohibiting a person from being
   13         penalized for a violation of a condition of certain
   14         programs if that person in good faith seeks medical
   15         assistance for himself or herself or for an individual
   16         experiencing, or believed to be experiencing, an
   17         alcohol or a drug-related overdose; prohibiting the
   18         protection from arrest, charge, and prosecution for
   19         certain offenses from being grounds for suppression of
   20         evidence in other criminal prosecutions; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 893.21, Florida Statutes, is amended to
   26  read:
   27         893.21 Alcohol and drug-related overdoses; medical
   28  assistance; immunity from arrest, charge, and prosecution.—
   29  (1) A person acting in good faith who seeks medical assistance
   30  for an individual experiencing, or believed to be experiencing,
   31  an alcohol or a drug-related overdose may not be arrested,
   32  charged, prosecuted, or penalized pursuant to this chapter for a
   33  violation of s. 562.111, s. 782.04(1)(a)3., s. 893.13, s.
   34  893.135, or s. 893.147, possession of a controlled substance if
   35  the evidence for such offense possession of a controlled
   36  substance was obtained as a result of the person’s seeking
   37  medical assistance.
   38         (2) A person who experiences, or has a good faith belief
   39  that he or she is experiencing, an alcohol or a drug-related
   40  overdose and is in need of medical assistance may not be
   41  arrested, charged, prosecuted, or penalized pursuant to this
   42  chapter for a violation of s. 562.111, s. 893.13, s. 893.135, or
   43  s. 893.147, possession of a controlled substance if the evidence
   44  for such offense possession of a controlled substance was
   45  obtained as a result of the person’s seeking the overdose and
   46  the need for medical assistance.
   47         (3) A person who is experiencing, or has a good faith
   48  belief that he or she is experiencing, an alcohol or a drug
   49  related overdose and receives medical assistance, or a person
   50  acting in good faith who seeks medical assistance for an
   51  individual experiencing, or believed to be experiencing, an
   52  alcohol or a drug-related overdose, may not be penalized for a
   53  violation of a condition of pretrial release, probation, or
   54  parole if the evidence for such a violation was obtained as a
   55  result of the person’s seeking medical assistance.
   56         (4)(3) Protection in this section from arrest, charge, and
   57  prosecution for an offense listed in this section possession
   58  offenses under this chapter may not be grounds for suppression
   59  of evidence in other criminal prosecutions.
   60         Section 2. This act shall take effect July 1, 2018.