Oklahoma 2023 Regular Session

Oklahoma House Bill HB2110 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2110 Page 1 1
	3	+	HB2110 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2110 By: Pae and Waldron of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023 )
	34	+
	35	+	HOUSE BILL 2110 By: Pae of the House
31	36
32	37		and
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34	39		Rader of the Senate
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40		-	[ public health and safety - emergency medical
41		-	assistance and immunity from prosecution - immunity
	45	+	AS INTRODUCED
	46	+
	47	+	An Act relating to public health and safety; amending
	48	+	63 O.S. 2021, Section 2 -413.1, which relates to
	49	+	emergency medical assistance and immunity from
	50	+	prosecution; expanding protection; pro viding immunity
42	51		for rendering emergency medical assistance for drug
43		-	or alcohol overdose - effective date ]
	52	+	or alcohol overdose; updating citation; p roviding
	53	+	protections from prosecution under certain
	54	+	circumstances; providing protections from arrest
	55	+	under certain circumstances ; requiring certain
	56	+	finding by court; defining terms; and providing an
	57	+	effective date.
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48	62		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	63		SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -413.1, is
50	64		amended to read as follows:
51	65		Section 2-413.1 A. A peace officer shall not t ake a person
52	66		into custody based solely on the commission of an offense involving
53	67		a controlled dangerous substance described in subsection B of this
54	68		section if the peace officer, after making a reasonable
55		-	determination and considering the facts and surround ing
56		-	circumstances, reasonably believes that all of the following apply :
57		-	1. The peace officer has contact with the person because the
58		-	person requested emergency medical assis tance for, or administered
59		-	an opioid antagonist to, an individual, including himself or
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61		-	ENGR. H. B. NO. 2110 Page 2 1
	70	+	HB2110 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	determination and considering the facts and surround ing
	97	+	circumstances, reasonably believes that all of the following apply :
	98	+	1. The peace officer has contact with the person because the
	99	+	person requested emergency medical assis tance for, or administered
	100	+	naloxone hydrochloride to, an individual, including himself or
86	101		herself, who reasonably appeared to be in need of medical assistance
87	102		due to the use of a controlled dangerous substance a drug or alcohol
88	103		overdose; and or
89	104		2. The person: was the subject of a request for emergency
90	105		medical assistance or the administ ration of naloxone hydrochloride
91	106		a. provided his or her full name and any other relevan t
92	107		information requested by the peace officer,
93	108		b. remained at the scene with the individ ual who
94	109		reasonably appeared to be in need of medical
95	110		assistance due to the use of a controlled dangerous
96	111		substance until emergency medical assistance arrived,
97	112		and
98	113		c. cooperated with emergency m edical assistance personnel
99	114		and peace officers at the scene .
100	115		B. A person who meets the criteria of subsection A of this
101	116		section is immune from c riminal prosecution for possession of a
102	117		Schedule I or Schedule II controlled dangerous substance, as listed
103		-	in Sections 2-204 and 2-206 prohibited by subsection A of Section 2-
104		-	402 of Title 63 of the Oklahoma Statutes this title, provided the
105		-	amount of such controlled dangerous substance does not constitute
106		-	trafficking, as provided i n subsection C of Section 2 -415 of Title
107		-	63 of the Oklahoma Statutes , and for possession of drug
108		-	paraphernalia associated with a controlled dangerous substance, as
109		-	defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma
	118	+	provided in Sections 2-204 and 2-206 prohibited by subsection A of
	119	+	Section 2-402 of Title 63 of the Oklahoma Statutes this title,
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111		-	ENGR. H. B. NO. 2110 Page 3 1
	121	+	HB2110 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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	147	+	provided the amount of such controlled dangerous substance does not
	148	+	constitute trafficking, as provided i n subsection C of Section 2 -415
	149	+	of Title 63 of the Oklahoma Statutes , and for possession of drug
	150	+	paraphernalia associated with a controlled dangerous substance, as
	151	+	defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma
136	152		Statutes this title. Further, a person is only immune from
137	153		prosecution for the aforementioned offenses if the offense involved
138	154		a state of intoxication caused by the use of a controlled danger ous
139	155		substance by a person or if the offense inv olved the person being or
140	156		becoming intoxicated as a result of the use of a controlled
141	157		dangerous substance by a person.
142	158		C. A person who meets the criteria of subsection A of this
143	159		section shall not be subject t o revocation of probation, pretrial
144	160		release, or parole, or othe rwise penalized, nor sha ll the person's
145	161		property be subject to forfeiture, based solely on an offense
146	162		described in subsection B of this section.
147	163		D. A person who meets the criteria of subsectio n A of this
148	164		section shall not be arrested on an outstanding warrant for an
149	165		offense described in subsection B of this section, or on an
150	166		outstanding warrant for a violation of the conditions of the
151	167		person's probation, pretrial release, or parole for conduct that
152	168		would constitute an offense described in subsection B of this
153	169		section, if the location of the person was obtained because the
154	170		person requested emergency medical assistance or was the subject of
155		-	a request for emergency medical assistance as described i n
156		-	subsection A of this section.
157		-	E. Notwithstanding any other law, the act of seeking emergency
158		-	medical assistance for someone who is experiencing a drug or alcohol
159		-	overdose shall be considered by the court as a mitigating factor in
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161		-	ENGR. H. B. NO. 2110 Page 4 1
	172	+	HB2110 HFLR Page 4
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	198	+	a request for emergency medical assistance as described i n
	199	+	subsection A of this section.
	200	+	E. Notwithstanding any other law, the act of seeking emergency
	201	+	medical assistance for someone who is experiencing a drug or alcohol
	202	+	overdose shall be considered by the court as a mitigating factor in
186	203		any criminal prosecutio n for which immunity is not provided for by
187	204		this section.
188	205		F. A person may not initiate or maintain an a civil action
189	206		against a peace officer or the employing political subdi vision of
190	207		the peace officer based on the compliance or failure of the peace
191	208		officer to comply with the pro visions of this section.
192	209		D. G. For the purposes of this sectio n,:
193	210		1. "peace Peace officer" shall have the same meaning as defined
194	211		in Section 99 of Title 21 of the Oklahoma Statutes ;
195	212		2. "Drug or alcohol overdose " shall mean:
196	213		a. a condition, including but not limited to extreme
197	214		physical illness, decreased level of co nsciousness,
198	215		respiratory depression, coma, mania, or death, that is
199	216		the result of consumption or use of a controlled
200	217		substance or alcohol or a substance with which the
201	218		controlled substance or a lcohol was combined, or
202	219		b. a condition that a layperson would r easonably believe
203	220		to be a drug or alcohol overdose ; and
204		-	3. "Emergency medical assistance" shall include, but is not
205		-	limited to, reporting a drug or alcohol overdose or other medical
206		-	emergency to a peace officer, the 911 system, college or university
207		-	official, a poison control center, or a medical provider; assisting
208		-	someone so reporting; or providing care to someone who is
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210		-	ENGR. H. B. NO. 2110 Page 5 1
	222	+	HB2110 HFLR Page 5
	223	+	BOLD FACE denotes Committee Amendments. 1
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	248	+	3. "Emergency medical assistance" shall include, but is not
	249	+	limited to, reporting a drug or alcohol overdose or other medical
	250	+	emergency to a peace officer, the 911 system, college or university
	251	+	official, a poison control center, or a medical provider; assisting
	252	+	someone so reporting; or providing care to someone who is
235	253		experiencing a drug or alcohol overdose or other medical emergency
236	254		while awaiting the arrival of medical as sistance.
237	255		SECTION 2. This act shall become effective November 1, 2023.
238		-	Passed the House of Representatives the 22nd day of March, 2023.
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243		-	Presiding Officer of the House
244		-	of Representatives
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248		-	Passed the Senate the ___ day of __________, 2023.
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253		-	Presiding Officer of the Senate
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	257	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	258	+	02/23/2023 - DO PASS, As Coauthored.