Virginia 2022 Regular Session

Virginia Senate Bill SB639

Introduced
1/17/22  
Refer
1/17/22  
Report Pass
2/9/22  
Engrossed
2/11/22  

Caption

Overdoses; arrest and prosecution when experiencing or reporting.

Impact

If enacted, SB639 will significantly alter the legal landscape regarding substance use and overdose response. It explicitly establishes that individuals will not be prosecuted for various related offenses, including possession of controlled substances, as long as they meet specific conditions outlined in the bill. This protection extends to both the person experiencing the overdose and those providing assistance, thereby aiming to foster a more supportive environment for seeking help during health crises linked to substance use.

Summary

SB639 aims to amend the Code of Virginia to provide legal protections for individuals who experience or report overdoses. The bill intends to encourage individuals to seek emergency medical assistance during overdose situations without the fear of legal repercussions. This is achieved by ensuring that those who act in good faith to obtain medical help are granted immunity from arrest or prosecution for certain drug-related offenses at the time of seeking assistance or while administering emergency care. The overarching goal is to reduce mortality rates associated with overdoses by removing barriers to emergency aid.

Sentiment

The sentiment around SB639 appears to be predominantly positive among public health advocates and lawmakers focused on reducing overdose fatalities. Proponents argue that the bill is a crucial step toward enhancing community health responses and saving lives, reflecting a shift in how lawmakers view public health emergencies related to drug use. However, there are concerns from some factions regarding the potential for misuse or unintended consequences, indicating a mixed viewpoint around its implementation and real-world efficacy.

Contention

Notable points of contention surrounding SB639 include debates over the bill's provisions and their potential impacts on law enforcement's ability to manage drug-related offenses. Critics may worry that the protections could inadvertently encourage substance use or complicate law enforcement efforts by limiting their scope during overdose-related incidents. Nonetheless, supporters argue that the primary objective is to prioritize public health and encourage lifesaving actions, underscoring the bill's role in addressing the ongoing health crisis presented by drug overdoses.

Companion Bills

No companion bills found.

Previously Filed As

VA SB323

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 HB2435

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

VA SB746

Involuntary manslaughter; certain drug offenses.

VA HB2657

Involuntary manslaughter; certain drug offenses.

VA HB2296

Illegal fentanyl; reckless exposure to certain persons, penalty

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.

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