04/09/2014 01:30 PM Senate JUDICIARY

        HB 369-DRUG OVERDOSE: IMMUNITY FROM PROSECUTION                                                                     
                                                                                                                                
1:42:09 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of HB 369. "An  Act relating to restrictions on the                                                               
criminal prosecution for certain offenses  for a person who seeks                                                               
medical assistance  for a person  experiencing a  drug overdose."                                                               
[This was the second hearing  and the Senate committee substitute                                                               
for CS for HB 369 was before the committee.]                                                                                    
                                                                                                                                
REPRESENTATIVE  LANCE PRUITT,  Alaska State  Legislature, Juneau,                                                               
Alaska, sponsor of HB 369,  affirmed that the legislation was not                                                               
intended  to apply  to  someone  who dials  911  when the  police                                                               
arrive with a search warrant.                                                                                                   
                                                                                                                                
CHAIR  COGHILL asked  Senator Wielechowski  if  his question  was                                                               
answered about whether a person  would be exempt from prosecution                                                               
under paragraph  (2) if they  dialed 911 when the  police arrived                                                               
with  a search  warrant. His  understanding was  that the  person                                                               
would  not  be exempt.  If  the  police  already had  the  search                                                               
warrant in their  possession, it was based  on other information,                                                               
not the drug overdose.                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI said  he  brought it  up  because the  NCSL                                                               
website   mentioned  that   "other  states   limit  immunity   by                                                               
specifying  that good-faith  reporting does  not include  seeking                                                               
help during  the course of the  execution of an arrest  or search                                                               
warrant." He  asked the Department  of Law if stating  the intent                                                               
on the record solves the concern that was discussed on 4/4/14.                                                                  
                                                                                                                                
1:46:22 PM                                                                                                                    
ANNE  CARPENETI Assistant  Attorney  General, Criminal  Division,                                                               
Legal Services Section, Department  of Law (DOL), Juneau, Alaska,                                                               
said it's a  possibility that someone would use  the provision in                                                               
paragraph (2)  to avoid prosecution, so  it's good to have  it on                                                               
the record  that there is no  intention for it to  apply to those                                                               
situations.                                                                                                                     
                                                                                                                                
CHAIR COGHILL stated  his intention as chair that  the bill would                                                               
not apply  to a cry for  help in order to  escape responsibility.                                                               
"The way we understood it was  that if somebody did call for help                                                               
who was experiencing  a drug overdose and they  asked for medical                                                               
assistance,  that the  information gathered  at that  point would                                                               
be, he would still be  responsible for everything except for that                                                               
particular overdose," he said.                                                                                                  
                                                                                                                                
MS. CARPENETI  said it depends  on the circumstances.  If someone                                                               
overdoses  and he  enters the  emergency  room with  some of  the                                                               
drugs  in his  pocket,  it would  be  a question  of  fact as  to                                                               
whether that amount was enough  to support a charge of possession                                                               
with intent to distribute.                                                                                                      
                                                                                                                                
CHAIR  COGHILL offered  that in  a medical  emergency, lifesaving                                                               
comes first and criminal charges come after.                                                                                    
                                                                                                                                
MS. CARPENETI agreed that was the point of the legislation.                                                                     
                                                                                                                                
CHAIR COGHILL  maintained that the  phrase on page 2,  lines 8-9,                                                               
"or was  obtained as  a result  of the  overdose" makes  it clear                                                               
that a cry  for help wouldn't be exempt if  a warrant had already                                                               
been issued.                                                                                                                    
                                                                                                                                
MS. CARPENETI  said it would  be a question  of fact, but  if the                                                               
police  were already  there it  would be  a strong  fact scenario                                                               
that the person was not acting in good faith.                                                                                   
                                                                                                                                
CHAIR  COGHILL stressed  that  the  intent is  to  solve a  life-                                                               
threatening situation, not to excuse bad behavior.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  said the problem  is that the burden  is on                                                               
the  prosecution  to  disprove   good  faith.  He  suggested  the                                                               
Department of  Law monitor this over  the next few years  and let                                                               
the legislature know if it's causing problems.                                                                                  
                                                                                                                                
1:49:51 PM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
1:49:57 PM                                                                                                                    
CHAIR COGHILL reconvened the meeting  and advised that the Senate                                                               
CS  amends the  applicability  of  the Act  to  on  or after  the                                                               
effective date. He solicited a motion.                                                                                          
                                                                                                                                
1:50:40 PM                                                                                                                    
SENATOR  DYSON  moved to  report  the  Senate  CS for  CSHB  369,                                                               
Version  P, from  committee with  individual recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR COGHILL announced that without  objection SCS CSHB 369(JUD)                                                               
was reported from the Senate Judiciary Standing Committee.