Arizona 2024 Regular Session

Arizona Senate Bill SB1028 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	PREFILED JAN 03 2024 REFERENCE TITLE: medical assistance; drugs; prohibited arrest State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1028 Introduced by Senator Marsh: Representatives Cook, Terech AN ACT amending section 13-3423, Arizona Revised Statutes; relating to drug offenses. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7	PREFILED JAN 03 2024
8	8
9	9	REFERENCE TITLE: medical assistance; drugs; prohibited arrest
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
11	11	SB 1028
12	12	Introduced by Senator Marsh: Representatives Cook, Terech
13	13
14	14	REFERENCE TITLE: medical assistance; drugs; prohibited arrest
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2024
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1028
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senator Marsh: Representatives Cook, Terech
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	AN ACT
65	65
66	66
67	67
68	68	amending section 13-3423, Arizona Revised Statutes; relating to drug offenses.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-3423, Arizona Revised Statutes, is amended to read: START_STATUTE13-3423. Medical assistance requests; prohibited arrest or prosecution of Good Samaritans; mitigating factor; definitions A. A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose may not be arrested, charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia or a preparatory offense if the evidence for the violation was gained as a result of the person's seeking medical assistance. B. A person who experiences a drug-related overdose, who is in need of medical assistance and for whom medical assistance is sought pursuant to subsection A of this section may not be arrested, charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the person's overdose and need for medical assistance. C. The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for a violation of this chapter. D. This section does not limit either: 1. The admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify under subsection A or B of this section or with regard to any other crime. 2. The ability to seize contraband or make an arrest for any other offense. E. This section does not prohibit a person specified in subsection A or B of this section from being offered a diversion program for an offense other than the possession or use of a controlled substance or drug paraphernalia or a preparatory offense. F. For the purposes of this section: 1. "Medical assistance" means aid provided by a health care professional who is licensed, registered or certified in this state, who is acting within the health care professional's scope of practice and who provides a diagnosis, treatment or other medical service. 2. "Seeks medical assistance" means to call 911 or otherwise contact law enforcement, poison control or a hospital emergency department. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 13-3423, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE13-3423. Medical assistance requests; prohibited arrest or prosecution of Good Samaritans; mitigating factor; definitions
85	85
86	86	A. A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose may not be arrested, charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia or a preparatory offense if the evidence for the violation was gained as a result of the person's seeking medical assistance.
87	87
88	88	B. A person who experiences a drug-related overdose, who is in need of medical assistance and for whom medical assistance is sought pursuant to subsection A of this section may not be arrested, charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the person's overdose and need for medical assistance.
89	89
90	90	C. The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for a violation of this chapter.
91	91
92	92	D. This section does not limit either:
93	93
94	94	1. The admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify under subsection A or B of this section or with regard to any other crime.
95	95
96	96	2. The ability to seize contraband or make an arrest for any other offense.
97	97
98	98	E. This section does not prohibit a person specified in subsection A or B of this section from being offered a diversion program for an offense other than the possession or use of a controlled substance or drug paraphernalia or a preparatory offense.
99	99
100	100	F. For the purposes of this section:
101	101
102	102	1. "Medical assistance" means aid provided by a health care professional who is licensed, registered or certified in this state, who is acting within the health care professional's scope of practice and who provides a diagnosis, treatment or other medical service.
103	103
104	104	2. "Seeks medical assistance" means to call 911 or otherwise contact law enforcement, poison control or a hospital emergency department. END_STATUTE