| 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 October 1, 2011. |