Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

SB 12-020 Immunity for Overdose Reporters Sen. Aguilar & Rep. Summers Staff Name: Geoffrey Vernon What the Bill Does: SB 12-020 grants immunity from prosecution of certain crimes to any person who in good faith reports drug or alcohol overdoses to 9-1-1 or law enforcement when (1) the person suffering from the overdose experiences an acute condition such as coma, mania, hysteria, and death; (2) the reporting person remains at the scene of the overdose until a law enforcement officer or a medical responder arrives; (3) the reporting person identifies himself and cooperates with the law enforcement officer or a medical responder. This immunity extends to the person suffering from the overdose and up to two other people so long as they also remain at the scene, identify themselves, and cooperate with law enforcement or medical response along with the reporting person. Once the circumstances that incur immunity are present, those people covered by immunity cannot be prosecuted for certain crimes: Possession of a material, compound, mixture, or preparation weighing four grams or less that contains any quantity of flunitrazepam, ketamine, or a controlled schedule I or II controlled substance except methamphetamine; Unlawful use of a controlled substance; Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance1 if the offense is based on the transfer of a controlled substance from one person to another free of charge; Unlawful possession of less than twelve ounces of marijuana and up to three ounces of marijuana concentrate; Open and public display, consumption, or use of less than two ounces of marijuana; Transferring or dispensing two ounces or less of marijuana from one person to another,2 free of charge; Use or possession of synthetic cannabinoids or salvia divinorum; Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum if the offense is based on the transfer of synthetic cannabinoids or salvia divinorum from one person to another free of charge;
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C.R.S. 18-18-405. Id.

DRAFT 2/5/2012 10:08 AM

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 Possession of drug paraphanalia; and Illegal possession or consumption of ethyl alcohol by an underage person.3 Colorado Context: A review of current drug offenders in the DOC did not reveal any who were prosecuted as a result of reporting a drug or alcohol event.4 That said, between 1999 and 2008 in Colorado, 3,490 people died of unintentional drug overdoses and 230 people died of unintentional alcohol overdoses.5 National Context: Seven states have passed laws that grant immunity from criminal prosecution to people who report unintentional overdoses: Connecticut, Maryland, New Jersey, New York, Washington, and Utah.6 Illinois has passed a similar immunity law through its legislature, and that law currently awaits governor approval.7 One hundred colleges and universities have adopted similar immunity policies.8 Bill Provisions: Grants up to three people immunity from arrest and criminal prosecution for certain offenses if (1) one of the people reports an emergency alcohol or drug overdose event in good faith to a law enforcement agency or 9-1-1; (2) the reporting person and up to two other people remain at the scene of the overdose until a law enforcement officer or a medical responder arrives; and (3) the reporting person and up to two other people identify themselves and cooperate with the law enforcement officer or a medical responder. Extends to the person who suffered the emergency drug or alcohol overdose event immunity if properly reported. Specifies that people who properly report emergency drug or alcohol overdose events receive immunity from criminal prosecution for various drug and alcohol offenses. Fiscal Impact: The Colorado Legislative Council estimates there will be a negative annual fiscal impact of less than $5,000 because as a result of SB 12-020, state revenue from fines may decrease by less than $5,000. Further, SB 12-020 will have a minimal impact on state and local government expenditures.9

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See C.R.S. 18-18-403.5, 18-18-203, 18-18-204, C.R.S. 8-18-404-406, 18-18-428, and 18-13-122. Jessika Shipley, Fiscal Note: SB 12-20 (Jan. 27, 2012), http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/710AEDBE85DD498087257981007F0F6E?Open&file=SB020_00. pdf. 5 Underlying Cause of Death, 19992008 Results Form, CDC Wonder (last visited Feb. 3, 2012), http://wonder.cdc.gov/controller/datarequest/D67;jsessionid=D8E3754DA71E7A298B8B94B564D7DDF8. 6 VETO SESSION Week 1 << American Civil Liberties Union of Illinois, VETO SESSION Week 1 (last visited Feb. 3, 2012), http://www.aclu-il.org/veto-session-week-1/. 7 Illinois General Assembly Bill Status for SB1701, Bill Status for SB1701 (last visited Feb 3, 2012), http://www.ilga.gov/legislation/billstatus.asp?DocNum=1701&GAID=11&GA=97&DocTypeID=SB&LegID=57713&SessionID=84. 8 Underlying Cause of Death, 19992008 Results Form, supra note 14. 9 Jessika Shipley, Fiscal Note: SB 12-20 (Jan. 27, 2012), available at www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/710AEDBE85DD498087257981007F0F6E?Open&file=SB020_00.pdf.

DRAFT 2/5/2012 10:08 AM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.