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OH SB313

Bill

Status

Introduced

3/31/2014

Primary Sponsor

Eric Kearney

Click for details

Origin

Senate

130th General Assembly (2013-2014)

AI Summary

  • Provides qualified immunity from arrest, prosecution, and conviction for minor drug possession offenses and drug paraphernalia possession/use violations when a person reports a drug overdose emergency to law enforcement, 911, or a health care provider.

  • Immunity applies only if the person reports in good faith, remains at the scene until police or first responders arrive, identifies themselves, and cooperates with authorities, and the violation arises from the same course of events as the overdose.

  • Immunity extends to both individuals who personally experience an overdose and those reporting an overdose experienced by another person, provided all qualifying conditions are met.

  • Immunity does not apply to other drug violations beyond minor possession offenses and paraphernalia violations, does not prevent arrest or detention, and does not restrict law enforcement's ability to seize evidence or investigate other crimes.

  • Defines "emergency drug overdose" as an acute condition including physical illness, coma, or death resulting from controlled substance consumption that a layperson would reasonably believe requires medical assistance.

Legislative Description

To provide a qualified immunity from arrest, prosecution, conviction, penalizing, and supervised release sanctioning for a minor drug possession offense or a drug paraphernalia possession or use offense for a person who seeks assistance for self or another person who is experiencing an emergency drug overdose.

Emergency drug overdose-one who seeks assistance-immunity

Last Action

To Criminal Justice

3/31/2014

Full Bill Text

No bill text available