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.