UT HB0295

Expands the existing affirmative defense for reporting overdoses to explicitly cover both the person who remains with the overdose victim and the overdose victim themselves

Creates a new dismissal option for first-time drug offenses when the defendant qualifies for the overdose affirmative defense and completes a substance abuse evaluation and any recommended treatment before adjudication

Clarifies that the sentencing mitigating factor for reporting an overdose applies to individuals who remain with the victim, those who assist with reporting when they know help is being called, and the overdose victim

Specifies that requesting medical assistance during law enforcement execution of a search warrant, arrest warrant, or other lawful search does not qualify as a "good faith" report for purposes of the affirmative defense

Effective date is May 6, 2026, with coordination provisions to align changes with H.B. 301 (Drug Recodification) if both bills pass