NOTE: The governor signed this measure on 5/19/2016.
      
      
      HOUSE BILL 16-1390
      
      
      BY REPRESENTATIVE(S) Moreno, Becker K., Esgar, Fields, Garnett,
      Ginal, Kraft-Tharp, Lebsock, Lee, Lontine, Pabon, Pettersen, Primavera,
      Rosenthal, Ryden, Singer, Vigil, Young;
      also SENATOR(S) Guzman, Aguilar, Carroll, Donovan, Heath, Hodge,
      Jahn, Johnston, Jones, Kefalas, Kerr, Merrifield, Newell, Steadman, Todd.
      
      
      Concerning immunity for certain persons who are involved with
           a reported overdose event.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-1-711, amend (1)
      introductory portion as follows:
      
           18-1-711.  Immunity for persons who suffer or report an
      emergency drug or alcohol overdose event - definitions. (1)  A person
      shall be is immune from criminal arrest and prosecution for an offense
      described in subsection (3) of this section if:
      
           SECTION 2.  In Colorado Revised Statutes, 18-13-122, amend (7)
      as follows:
      
           18-13-122.  Illegal possession or consumption of ethyl alcohol or
      marijuana by an underage person - illegal possession of marijuana
      paraphernalia by an underage person - definitions - adolescent
      substance abuse prevention and treatment fund - legislative
      declaration. (7) (a)  An underage person shall be is immune from criminal
      arrest and prosecution under this section if he or she establishes the
      following:
      
           (a) (I)  The underage person called 911 and reported in good faith
      that another underage person was in need of medical assistance due to
      alcohol or marijuana consumption;
      
           (b) (II)  The underage person who called 911 provided his or her
      name to the 911 operator;
      
           (c) (III)  The underage person was the first person to make the 911
      report; and
      
           (d) (IV)  The underage person who made the 911 call remained on
      the scene with the underage person in need of medical assistance until
      assistance arrived and cooperated with medical assistance or law
      enforcement personnel on the scene.
      
           (b)  The immunity described in paragraph (a) of this
      subsection (7) also extends to the underage person who was in
      need of medical assistance due to alcohol or marijuana
      consumption if the conditions of said paragraph (a) are satisfied.
      
           SECTION 3.  In Colorado Revised Statutes, 12-47-901, amend
      (1.5) as follows:
      
           12-47-901.  Unlawful acts - exceptions. (1.5) (a)  An underage
      person shall be is immune from criminal arrest and prosecution under
      paragraph (b) or (c) of subsection (1) of this section if he or she establishes
      the following:
      
           (a) (I)  The underage person called 911 and reported that another
      underage person was in need of medical assistance due to alcohol
      consumption;
      
           (b) (II)  The underage person who called 911 provided his or her
      name to the 911 operator;
      
           (c) (III)  The underage person was the first person to make the 911
      report; and
      
           (d) (IV)  The underage person who made the 911 call remained on
      the scene with the underage person in need of medical assistance until
      assistance arrived and cooperated with medical assistance or law
      enforcement personnel on the scene.
      
           (b)  The immunity described in paragraph (a) of this
      subsection (1.5) also extends to the underage person who was in
      need of medical assistance due to alcohol consumption if the
      conditions of said paragraph (a) are satisfied.
      
           SECTION 4.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO