1 | A bill to be entitled |
2 | An act relating to drug-related overdoses; providing a |
3 | short title; creating s. 893.21, F.S.; providing that a |
4 | person acting in good faith who seeks medical assistance |
5 | for an individual experiencing a drug-related overdose may |
6 | not be charged, prosecuted, or penalized for specified |
7 | offenses in certain circumstances; providing that a person |
8 | who experiences a drug-related overdose and needs medical |
9 | assistance may not be charged, prosecuted, or penalized |
10 | for specified offenses in certain circumstances; providing |
11 | that the protections from prosecution for specified |
12 | offenses are not grounds for suppression of evidence in |
13 | other prosecutions; amending s. 921.0026, F.S.; amending |
14 | mitigating circumstances under which a departure from the |
15 | lowest permissible criminal sentence is reasonably |
16 | justified to include circumstances in which a defendant |
17 | was making a good faith effort to obtain or provide |
18 | medical assistance for an individual experiencing a drug- |
19 | related overdose; providing an effective date. |
20 |
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21 | WHEREAS, some research suggests that in a majority of cases |
22 | of fatal drug overdose another person was aware of or present |
23 | during the decedent's fatal drug use and that in one third of |
24 | the cases someone recognized the decedent's distress, and |
25 | WHEREAS, many people cite fear of police involvement or |
26 | fear of arrest as their primary reason for not seeking immediate |
27 | help for a person thought to be experiencing a drug overdose, |
28 | and |
29 | WHEREAS, it is in the public interest to encourage a person |
30 | who is aware of or present during another individual's drug |
31 | overdose to seek medical assistance for that individual, NOW, |
32 | THEREFORE, |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. This act may be cited as the "911 Good |
37 | Samaritan Act." |
38 | Section 2. Section 893.21, Florida Statutes, is created to |
39 | read: |
40 | 893.21 Drug-related overdoses; medical assistance; |
41 | immunity from prosecution.- |
42 | (1) A person acting in good faith who seeks medical |
43 | assistance for an individual experiencing a drug-related |
44 | overdose may not be charged, prosecuted, or penalized pursuant |
45 | to this chapter for possession of a controlled substance if the |
46 | evidence for possession of a controlled substance was obtained |
47 | as a result of the person's seeking medical assistance. |
48 | (2) A person who experiences a drug-related overdose and |
49 | is in need of medical assistance may not be charged, prosecuted, |
50 | or penalized pursuant to this chapter for possession of a |
51 | controlled substance if the evidence for possession of a |
52 | controlled substance was obtained as a result of the overdose |
53 | and the need for medical assistance. |
54 | (3) Protection in this section from prosecution for |
55 | possession offenses under this chapter may not be grounds for |
56 | suppression of evidence in other criminal prosecutions. |
57 | Section 3. Paragraph (n) is added to subsection (2) of |
58 | section 921.0026, Florida Statutes, to read: |
59 | 921.0026 Mitigating circumstances.-This section applies to |
60 | any felony offense, except any capital felony, committed on or |
61 | after October 1, 1998. |
62 | (2) Mitigating circumstances under which a departure from |
63 | the lowest permissible sentence is reasonably justified include, |
64 | but are not limited to: |
65 | (n) The defendant was making a good faith effort to obtain |
66 | or provide medical assistance for an individual experiencing a |
67 | drug-related overdose. |
68 | Section 4. This act shall take effect July 1, 2011. |