Bill Summary for Bill Number SB12-020

Date: 03/01/2012

Final
BILL SUMMARY for SB12-020

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.010 (Attachment A). The Adopt prepared amendment L.011 (Attachment B). The Refer Senate Bill 12-020, as amended, to the Commi	Pass Without Objection FAIL PASS

01:31 PM -- Senate Bill 12-020

Representative Summers, sponsor, presented Senate Bill 12-020 concerning immunity from certain offenses when a person reports an emergency drug or alcohol overdose event. He distributed prepared amendments L.010, L.011, and L.012 (Attachments A, B, and C). The bill provides immunity, with certain exceptions, from arrest and criminal prosecution for a person who, in good faith, reports an emergency drug or alcohol overdose. The immunity provided by the bill extends to the individual reporting the overdose, up to two individuals acting in concert with the reporter, and the individual suffering the overdose. The reporter and those acting in concert with him or her must remain at the scene of the event until law enforcement or emergency medical personnel arrive; they must also identify themselves to, and cooperate with, the law enforcement officer or emergency medical responder.

The immunity provided by the bill covers a number of drug-related offenses. The classifications for these offenses range from a class 6 felony to a class 2 petty offense, with penalties including fines, prison and jail sentences, or both.

The Colorado Commission on Criminal and Juvenile Justice is encouraged to create and make publicly available a document describing the immunity provided by the bill.

01:36 PM -- Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill with the adoption of the amendments. Mr. Raynes indicated that the district attorneys support the idea of immunity for reporters of a drug or alcohol overdose, but only for misdemeanor offenses. He also wants to limit the immunity to the reporter and the person subject to the overdose. He responded to questions from the committee.

01:43 PM -- Michael Dougherty, representing the Colorado Attorney General's Office, testified in support of the bill with the adoption of the amendments. Mr. Dougherty stressed the importance of public education about the provisions of the bill. He responded to questions from the committee.

01:45 PM -- Art Way, representing the Drug Policy Alliance, testified in support of the bill. Mr. Way spoke about harm reduction in the area of drug policy and the importance of overdose awareness and reduction campaigns. He expressed his hope that the bill will save at least a handful of lives each year. He indicated that the amendments make the bill less effective.

01:49 PM -- John Buckley, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Buckley spoke about his experience as a paramedic responding to overdose events. He stressed that complete and timely information is absolutely necessary in order for emergency responders to properly administer medical assistance.

01:53 PM -- Lisa Raville, representing the Harm Reduction Action Center and Colorado Organizations Responding to AIDS, testified in support of the bill. Ms. Raville spoke about the importance of harm reduction in the area of drug use.

01:55 PM -- Helen Alvillar and Ruth Harris, representing themselves, testified in support of the bill. Ms. Alvillar spoke about her experience as the mother of a young man who died of a drug overdose. Ms. Harris discussed her experience as the mother of a young man who died of a drug overdose.

01:58 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner spoke about her experience losing a friend to a drug overdose. She reminded the committee that the bill is targeted toward young people and stressed the importance of including immunity for various situations in which an individual tries to help someone having an overdose.

02:02 PM -- Jean McEvoy, representing the Colorado Licensed Beverage Association, testified in support of the bill with amendments. Ms. McEvoy expressed concerns about conflicts between the bill and current law.

02:06 PM

Representative Summers provided closing comments and asked for the committee's support. Members of the committee were provided with a written statement from retired Denver Police Lieutenant Tony Ryan (Attachment D).


BILL:	SB12-020
TIME:	02:07:22 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.010 (Attachment A). The motion passed without objection.
SECONDED:	DelGrosso
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-020
TIME:	02:26:37 PM
MOVED:	Lee
MOTION:	Adopt prepared amendment L.011 (Attachment B). The motion failed on a vote of 1-10.
SECONDED:	Waller
		VOTE
	DelGrosso	No
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	No
	Pabon	No
	Ryden	No
	Sonnenberg	No
	Waller	No
	Barker	No
	Gardner B.	Yes

YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-020
TIME:	02:27:27 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 12-020, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:	Duran
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	No
	Gardner B.	No

Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:28 PM

The committee took a brief recess.