Virginia 2022 Regular Session

Virginia Senate Bill SB323

Introduced
1/11/22  

Caption

Overdoses; arrest and prosecution when experiencing or reporting.

Impact

If enacted, this bill will significantly alter the landscape of how drug-related offenses are treated in Virginia. The legislation promotes lifesaving interventions during overdose crises by removing legal barriers that may deter individuals from calling for help. This change is consistent with broader public health initiatives aimed at reducing overdose deaths, thereby reflecting a shift in legislative focus from punishment to prevention and care. Furthermore, the bill will facilitate access to drug treatment court provisions for individuals who qualify, integrating health responses with criminal justice approaches.

Summary

SB323 seeks to amend the Virginia Code, specifically ยง18.2-251.03, by providing immunity from arrest and prosecution for individuals experiencing or reporting overdoses. It outlines that individuals who, in good faith, seek emergency medical attention for themselves or others during an overdose scenario will not face legal repercussions regarding certain drug-related offenses. This focus on protection aims to encourage individuals to report overdoses without the fear of criminal charges, thus prioritizing health and safety over punishment.

Contention

There are notable points of contention surrounding SB323. Supporters argue that the bill is a crucial step in combating the opioid crisis by reducing fatalities linked to overdoses. They emphasize the importance of ensuring that individuals feel safe to report emergencies, thereby enabling timely medical assistance. However, critics may raise concerns regarding the potential undermining of law enforcement authority and how the bill could complicate existing protocols during overdose incidents. The balance between public health priorities and law enforcement objectives will be a significant aspect of the debate surrounding this bill.

Companion Bills

No companion bills found.

Previously Filed As

VA SB639

Overdoses; arrest and prosecution when experiencing or reporting.

VA HB2117

Experiencing or reporting an overdose or act of sexual violence; arrest and prosecution.

VA HB161

Individuals experiencing or reporting overdoses while incarcerated; disciplinary procedures.

VA HB613

Arrest/prosecution of individual experiencing mental health emerg.; assault against law enforcement.

VA HB1561

Arrest/prosecution of individual experiencing mental health emerg.; assault against law enforcement.

VA HB2106

Arrest/prosecution of individual experiencing mental health emerg.; assault against law enforcement.

VA SF0074

Immunity for drug overdose reporting.

VA HB2435

Model policy for law-enforcement officer investigating overdose; notification to prescriber.

VA SB568

Health Records and Reporting of Overdoses - Limitations on Use in Criminal Investigation or Prosecution

VA HB786

Health Records and Reporting of Overdoses - Limitations on Use in Criminal Investigation or Prosecution

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