HB 125

1
A bill to be entitled
2An act relating to preventing deaths from drug-related
3overdoses; providing a short title; creating s.
4893.21, F.S.; providing that a person acting in good
5faith who seeks medical assistance for an individual
6experiencing a drug-related overdose may not be
7charged, prosecuted, or penalized for specified
8offenses in certain circumstances; providing that a
9person who experiences a drug-related overdose and
10needs medical assistance may not be charged,
11prosecuted, or penalized for specified offenses in
12certain circumstances; providing that the protections
13from prosecution for specified offenses are not
14grounds for suppression of evidence in other
15prosecutions; amending s. 921.0026, F.S.; amending
16mitigating circumstances under which a departure from
17the lowest permissible criminal sentence is reasonably
18justified to include circumstances in which a
19defendant was making a good faith effort to obtain or
20provide medical assistance for an individual
21experiencing a drug-related overdose; providing an
22effective date.
23
24     WHEREAS, some research suggests that in a majority of cases
25of fatal drug overdose another person was aware of or present
26during the decedent's fatal drug use and that in one-third of
27the cases someone recognized the decedent's distress, and
28     WHEREAS, many people cite fear of police involvement or
29fear of arrest as their primary reason for not seeking immediate
30help for a person thought to be experiencing a drug overdose,
31and
32     WHEREAS, it is in the public interest to encourage a person
33who is aware of or present during another individual's drug
34overdose to seek medical assistance for that individual, NOW,
35THEREFORE,
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  This act may be cited as the "911 Good
40Samaritan Act."
41     Section 2.  Section 893.21, Florida Statutes, is created to
42read:
43     893.21  Drug-related overdoses; medical assistance;
44immunity from prosecution.-
45     (1)  A person acting in good faith who seeks medical
46assistance for an individual experiencing a drug-related
47overdose may not be charged, prosecuted, or penalized pursuant
48to this chapter for possession of a controlled substance if the
49evidence for possession of a controlled substance was obtained
50as a result of the person's seeking medical assistance.
51     (2)  A person who experiences a drug-related overdose and
52is in need of medical assistance may not be charged, prosecuted,
53or penalized pursuant to this chapter for possession of a
54controlled substance if the evidence for possession of a
55controlled substance was obtained as a result of the overdose
56and the need for medical assistance.
57     (3)  Protection in this section from prosecution for
58possession offenses under this chapter may not be grounds for
59suppression of evidence in other criminal prosecutions.
60     Section 3.  Paragraph (n) is added to subsection (2) of
61section 921.0026, Florida Statutes, to read:
62     921.0026  Mitigating circumstances.-This section applies to
63any felony offense, except any capital felony, committed on or
64after October 1, 1998.
65     (2)  Mitigating circumstances under which a departure from
66the lowest permissible sentence is reasonably justified include,
67but are not limited to:
68     (n)  The defendant was making a good faith effort to obtain
69or provide medical assistance for an individual experiencing a
70drug-related overdose.
71     Section 4.  This act shall take effect October 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.