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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023 )
HOUSE BILL 2110 By: Pae of the House
and
Rader of the Senate
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 2 -413.1, which relates to
emergency medical assistance and immunity from
prosecution; expanding protection; pro viding immunity
for rendering emergency medical assistance for drug
or alcohol overdose; updating citation; p roviding
protections from prosecution under certain
circumstances; providing protections from arrest
under certain circumstances ; requiring certain
finding by court; defining terms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -413.1, is
amended to read as follows:
Section 2-413.1 A. A peace officer shall not t ake a person
into custody based solely on the commission of an offense involving
a controlled dangerous substance described in subsection B of this
section if the peace officer, after making a reasonable
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determination and considering the facts and surround ing
circumstances, reasonably believes that all of the following apply :
1. The peace officer has contact with the person because the
person requested emergency medical assis tance for, or administered
naloxone hydrochloride to, an individual, including himself or
herself, who reasonably appeared to be in need of medical assistance
due to the use of a controlled dangerous substance a drug or alcohol
overdose; and or
2. The person: was the subject of a request for emergency
medical assistance or the administ ration of naloxone hydrochloride
a. provided his or her full name and any other relevan t
information requested by the peace officer,
b. remained at the scene with the individ ual who
reasonably appeared to be in need of medical
assistance due to the use of a controlled dangerous
substance until emergency medical assistance arrived,
and
c. cooperated with emergency m edical assistance personnel
and peace officers at the scene .
B. A person who meets the criteria of subsection A of this
section is immune from c riminal prosecution for possession of a
Schedule I or Schedule II controlled dangerous substance, as listed
provided in Sections 2-204 and 2-206 prohibited by subsection A of
Section 2-402 of Title 63 of the Oklahoma Statutes this title,
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provided the amount of such controlled dangerous substance does not
constitute trafficking, as provided i n subsection C of Section 2 -415
of Title 63 of the Oklahoma Statutes , and for possession of drug
paraphernalia associated with a controlled dangerous substance, as
defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma
Statutes this title. Further, a person is only immune from
prosecution for the aforementioned offenses if the offense involved
a state of intoxication caused by the use of a controlled danger ous
substance by a person or if the offense inv olved the person being or
becoming intoxicated as a result of the use of a controlled
dangerous substance by a person.
C. A person who meets the criteria of subsection A of this
section shall not be subject t o revocation of probation, pretrial
release, or parole, or othe rwise penalized, nor sha ll the person's
property be subject to forfeiture, based solely on an offense
described in subsection B of this section.
D. A person who meets the criteria of subsectio n A of this
section shall not be arrested on an outstanding warrant for an
offense described in subsection B of this section, or on an
outstanding warrant for a violation of the conditions of the
person's probation, pretrial release, or parole for conduct that
would constitute an offense described in subsection B of this
section, if the location of the person was obtained because the
person requested emergency medical assistance or was the subject of
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a request for emergency medical assistance as described i n
subsection A of this section.
E. Notwithstanding any other law, the act of seeking emergency
medical assistance for someone who is experiencing a drug or alcohol
overdose shall be considered by the court as a mitigating factor in
any criminal prosecutio n for which immunity is not provided for by
this section.
F. A person may not initiate or maintain an a civil action
against a peace officer or the employing political subdi vision of
the peace officer based on the compliance or failure of the peace
officer to comply with the pro visions of this section.
D. G. For the purposes of this sectio n,:
1. "peace Peace officer" shall have the same meaning as defined
in Section 99 of Title 21 of the Oklahoma Statutes ;
2. "Drug or alcohol overdose " shall mean:
a. a condition, including but not limited to extreme
physical illness, decreased level of co nsciousness,
respiratory depression, coma, mania, or death, that is
the result of consumption or use of a controlled
substance or alcohol or a substance with which the
controlled substance or a lcohol was combined, or
b. a condition that a layperson would r easonably believe
to be a drug or alcohol overdose ; and
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3. "Emergency medical assistance" shall include, but is not
limited to, reporting a drug or alcohol overdose or other medical
emergency to a peace officer, the 911 system, college or university
official, a poison control center, or a medical provider; assisting
someone so reporting; or providing care to someone who is
experiencing a drug or alcohol overdose or other medical emergency
while awaiting the arrival of medical as sistance.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
02/23/2023 - DO PASS, As Coauthored.