August 24, 2019

SB 12-020: Granting Immunity for Certain Crimes when Person Reports Emergency Overdose in Good Faith

On January 11, 2012, Sen. Aguilar and Rep. Summers introduced SB 12-020 – Concerning immunity from certain criminal offenses when a person reports in good faith an emergency drug or alcohol overdose event. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A person and one or two other persons acting in concert with the person are immune from arrest and criminal prosecution for any of the following offenses if the offense arises from the same criminal episode or course of events from which an emergency drug or alcohol overdose event arose; the person reports the event in good faith to a law enforcement agency or to the 911 system; the person and, if applicable, one or two other persons remain at the scene of the event until a law enforcement officer or an emergency medical responder arrives; and the person and, if applicable, one or two other persons identify themselves to, and cooperate with, the law enforcement officer or emergency medical responder:

  • Unlawful possession of a controlled substance;
  • Unlawful use of a controlled substance;
  • Unlawful distribution, manufacturing, dispensing, or sale of a controlled substance if the offense is based upon the transfer of a controlled substance from the person to another person for no remuneration;
  • Unlawful possession of 12 ounces or less of marijuana or 3 ounces or less of marijuana concentrate;
  • Open and public display, consumption, or use of less than 2 ounces of marijuana;
  • Transferring or dispensing 2 ounces or less of marijuana from one person to another for no consideration;
  • Unlawful use or possession of synthetic cannabinoids or salvia divinorum;
  • Unlawful distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum if the offense is based upon the transfer of synthetic cannabinoids or salvia divinorum from the person to another person for no consideration;
  • Possession of drug paraphernalia; and
  • Illegal possession or consumption of ethyl alcohol by an underage person.

Assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.