Senate File 410 S-3055 Amend Senate File 410 as follows: 1 1. By striking page 1, line 13, through page 3, 2 line 1, and inserting: 3 < Sec. ___. NEW SECTION . 124.417 Persons seeking 4 medical assistance for drug-related overdose. 5 1. As used in this section, unless the context 6 otherwise requires: 7 a. “Drug-related overdose” means a condition of a 8 person for which each of the following is true: 9 (1) The person is in need of medical assistance. 10 (2) The person displays symptoms including but not 11 limited to extreme physical illness, pinpoint pupils, 12 decreased level of consciousness including coma, or 13 respiratory depression. 14 (3) The person’s condition is the result of, or 15 a prudent layperson would reasonably believe such 16 condition to be the result of, the consumption or use 17 of a controlled substance. 18 b. “Overdose patient” means a person who is, or 19 would reasonably be perceived to be, suffering a 20 drug-related overdose. 21 c. “Overdose reporter” means a person who seeks 22 medical assistance for an overdose patient. 23 d. “Protected information” means information or 24 evidence collected or derived as a result of any of the 25 following: 26 (1) An overdose patient’s good-faith actions 27 to seek medical assistance while experiencing a 28 drug-related overdose. 29 (2) An overdose reporter’s good-faith actions 30 to seek medical assistance for an overdose patient 31 experiencing a drug-related overdose if all of the 32 following are true: 33 (a) The overdose patient is in need of medical 34 assistance for an immediate health or safety concern. 35 (b) The overdose reporter is the first person to 36 seek medical assistance for the overdose patient. 37 (c) The overdose reporter provides the overdose 38 reporter’s name and contact information to medical or 39 law enforcement personnel. 40 (d) The overdose reporter remains on the scene 41 until assistance arrives or is provided. 42 (e) The overdose reporter cooperates with law 43 enforcement and medical personnel. 44 2. Protected information shall not be considered 45 to support probable cause and shall not be admissible 46 as evidence against an overdose patient or overdose 47 reporter for any of the following offenses: 48 a. Violation of section 124.401, subsection 1. 49 b. Possession of a controlled substance under 50 -1- SF410.1029 (1) 86 jh/nh 1/ 2 #1.
section 124.401, subsection 5. 1 c. Violation of section 124.407. 2 d. Violation of section 124.414. 3 3. A person’s pretrial release, probation, 4 supervised release, or parole shall not be revoked 5 based on protected information. 6 4. Notwithstanding any other provision of law to 7 the contrary, the act of providing first aid or other 8 medical assistance to someone who is experiencing a 9 drug-related overdose may be considered by a court as a 10 mitigating factor in a criminal prosecution. 11 5. This section shall not be construed to limit the 12 use or admissibility of any evidence in a criminal case 13 other than as provided in subsection 2. > 14 ______________________________ CHRIS BRASE -2- SF410.1029 (1) 86 jh/nh 2/ 2