PRINTER'S NO. 2583
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2020
Session of
2024
INTRODUCED BY BURNS, GIRAL, SAPPEY, CEPEDA-FREYTIZ AND GREEN,
FEBRUARY 7, 2024
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 2024
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
drug overdose response immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.7(c) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended and subsection (d) is
amended by adding a paragraph to read:
Section 13.7. Drug Overdose Response Immunity.--* * *
(c) Persons experiencing drug overdose events may not be
charged and shall be immune from prosecution as provided in
subsection (b) if:
(1) a person who transported or reported and remained with
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them may not be charged and is entitled to immunity under this
section[.]; and
(2) within thirty days of experiencing the drug overdose
event, the person participates in a drug treatment program
ordered by the parole board or the court with jurisdiction over
the potential criminal charges.
(d) The prohibition on charging or prosecuting a person as
described in this section is limited in the following respects:
* * *
(5) This section may not bar charging or prosecuting a
person who experienced a drug overdose event for offenses
enumerated in subsection (b) if the person fails to participate
in a drug treatment program mandated under subsection (c)(2).
* * *
Section 2. This act shall take effect in 60 days.
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