1 | A bill to be entitled |
2 | An act relating to preventing deaths from drug-related |
3 | overdoses; providing a short title; creating s. |
4 | 893.21, F.S.; providing that a person acting in good |
5 | faith who seeks medical assistance for an individual |
6 | experiencing a drug-related overdose may not be |
7 | charged, prosecuted, or penalized for specified |
8 | offenses in certain circumstances; providing that a |
9 | person who experiences a drug-related overdose and |
10 | needs medical assistance may not be charged, |
11 | prosecuted, or penalized for specified offenses in |
12 | certain circumstances; providing that the protections |
13 | from prosecution for specified offenses are not |
14 | grounds for suppression of evidence in other |
15 | prosecutions; amending s. 921.0026, F.S.; amending |
16 | mitigating circumstances under which a departure from |
17 | the lowest permissible criminal sentence is reasonably |
18 | justified to include circumstances in which a |
19 | defendant was making a good faith effort to obtain or |
20 | provide medical assistance for an individual |
21 | experiencing a drug-related overdose; providing an |
22 | effective date. |
23 |
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24 | WHEREAS, some research suggests that in a majority of cases |
25 | of fatal drug overdose another person was aware of or present |
26 | during the decedent's fatal drug use and that in one-third of |
27 | the cases someone recognized the decedent's distress, and |
28 | WHEREAS, many people cite fear of police involvement or |
29 | fear of arrest as their primary reason for not seeking immediate |
30 | help for a person thought to be experiencing a drug overdose, |
31 | and |
32 | WHEREAS, it is in the public interest to encourage a person |
33 | who is aware of or present during another individual's drug |
34 | overdose to seek medical assistance for that individual, NOW, |
35 | THEREFORE, |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. This act may be cited as the "911 Good |
40 | Samaritan Act." |
41 | Section 2. Section 893.21, Florida Statutes, is created to |
42 | read: |
43 | 893.21 Drug-related overdoses; medical assistance; |
44 | immunity from prosecution.- |
45 | (1) A person acting in good faith who seeks medical |
46 | assistance for an individual experiencing a drug-related |
47 | overdose may not be charged, prosecuted, or penalized pursuant |
48 | to this chapter for possession of a controlled substance if the |
49 | evidence for possession of a controlled substance was obtained |
50 | as a result of the person's seeking medical assistance. |
51 | (2) A person who experiences a drug-related overdose and |
52 | is in need of medical assistance may not be charged, prosecuted, |
53 | or penalized pursuant to this chapter for possession of a |
54 | controlled substance if the evidence for possession of a |
55 | controlled substance was obtained as a result of the overdose |
56 | and the need for medical assistance. |
57 | (3) Protection in this section from prosecution for |
58 | possession offenses under this chapter may not be grounds for |
59 | suppression of evidence in other criminal prosecutions. |
60 | Section 3. Paragraph (n) is added to subsection (2) of |
61 | section 921.0026, Florida Statutes, to read: |
62 | 921.0026 Mitigating circumstances.-This section applies to |
63 | any felony offense, except any capital felony, committed on or |
64 | after October 1, 1998. |
65 | (2) Mitigating circumstances under which a departure from |
66 | the lowest permissible sentence is reasonably justified include, |
67 | but are not limited to: |
68 | (n) The defendant was making a good faith effort to obtain |
69 | or provide medical assistance for an individual experiencing a |
70 | drug-related overdose. |
71 | Section 4. This act shall take effect October 1, 2012. |