SB 667 — Overdoses; arrest and prosecution when experiencing or reporting.
Last action — Approved by Governor-Chapter 1016 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Arrest and prosecution when experiencing or reporting overdoses. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; intoxication in public; or possession of controlled paraphernalia if (i) such individual (a) seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, or (b) is experiencing an overdose and another individual seeks or obtains emergency medical attention for him; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no law-enforcement officer acting in a good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution. Current law provides an affirmative defense to such offenses only when an individual seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose.
Bill Text
What changed in the latest version
7 added · 140 removedPlain-language change summary
The recent amendments to SB 667 include the addition of a note instructing users to reload the page if they encounter a query issue, alongside contact information for immediate assistance. However, many outdated lines and references have been removed to streamline the bill's content. These changes matter because they enhance clarity for users and ensure they have the right support when using the legislation tracking system. This makes it easier for the public to access important legislative information without unnecessary confusion.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 18.2-251.03 of the Code of Virginia, relating to arrest and prosecution when experiencing or reporting overdoses.
[S 667] Approved Be it enacted by the General Assembly of Virginia:
1.
That § 18.2-251.03 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-251.03.
Arrest and prosecution when experiencing or reporting overdoses.
A.
For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
B.
It shall be an affirmative defense to No individual shall be subject to arrest or prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol pursuant to § 4.1-305, possession of a controlled substance pursuant to § 18.2-250, possession of marijuana pursuant to § 18.2-250.1, intoxication in public pursuant to § 18.2-388, or possession of controlled paraphernalia pursuant to § 54.1-3466 if:
1.
Such individual, (i) in good faith, seeks or obtains emergency medical attention (a) for himself, if he is experiencing an overdose, or (b) for another individual, if such other individual is experiencing an overdose, or (ii) is experiencing an overdose and another individual, in good faith, seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in § 32.1-111.1, a law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system;
2.
Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose.
If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3.
Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose;
and 4.
The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the was obtained as a result of the individual seeking or obtaining emergency medical attention.
C.
No individual may assert the affirmative defense provided for in this The provisions of this section if the shall not apply to any person who sought or obtained seeks or obtains emergency medical attention for himself or another individual, or to a person experiencing an overdose when another individual seeks or obtains emergency medical attention for him, during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
D.
This section does not establish an affirmative defense protection from arrest or prosecution for any individual or offense other than those listed in subsection B.
E.
No law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution under this section.
View plain text versions (5)
- Acts of Assembly Chapter text (CHAP1016) View text Current html April 09, 2020
- Bill text as passed Senate and House (SB667ER) View text html March 12, 2020
- Amended Reengrossed by Senate as amended SB667E2 html February 11, 2020
- Amended Engrossed by Senate as amended SB667E html February 10, 2020
- Amended Engrossed by Senate as amended SB667E html January 07, 2020
Action History
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Approved by Governor-Chapter 1016 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 17, 2020
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Passage (59-Y 40-N)
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Passed House (59-Y 40-N)
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Read third time
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Read second time
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Reported from Courts of Justice (13-Y 6-N)
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Subcommittee recommends reporting (4-Y 3-N)
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as reengrossed 20104169D-E2
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Reengrossed by Senate as amended SB667E2
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Amendment by Senator Boysko agreed to
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Reading of amendment waived
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Engrossment reconsidered by Senate (39-Y 1-N)
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Printed as engrossed 20104169D-E
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Engrossed by Senate as amended SB667E
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Committee amendment agreed to
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Reading of amendment waived
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Reported from Judiciary with amendment (9-Y 3-N)
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20104169D
Sponsors
- Jennifer B. Boysko · Primary
- Joseph D. Morrissey · Cosponsor
- Jennifer L. McClellan · Cosponsor
- John J. Bell · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on · 43 voted No
Sponsors (1)
Co-sponsors (3)
- Joseph D. Morrissey
- Jennifer L. McClellan
- Bell, John J.
Not signed on (144)
144 members have not signed on to this bill.
Show all 144 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 40 | 0 | 1 |
| Total | 58 | 40 | 0 | 1 |
| % of votes cast | 59% | 40% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 6 | 0 | 3 |
| Total | 13 | 6 | 0 | 3 |
| % of votes cast | 59% | 27% | 0% | 14% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Not Voting |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Not Voting |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Not Voting |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 3 | 0 | 2 |
| Total | 4 | 3 | 0 | 2 |
| % of votes cast | 44% | 33% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Collins, Christopher E. | — | Nay |
| Adams, Les R. | — | Not Voting |
| Bell, Robert B. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Karrie K. Delaney | — | Yea |
| Mullin, Michael P. | — | Nay |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 3 | 0 | 3 |
| Total | 9 | 3 | 0 | 3 |
| % of votes cast | 60% | 20% | 0% | 20% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Chafin, A. Benton "Ben" | — | Nay |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Not Voting |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Not Voting |
Subjects
Frequently asked questions
- What does SB 667 do?
- Arrest and prosecution when experiencing or reporting overdoses. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; intoxication in public; or possession of controlled paraphernalia if (i) such individual (a) seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, or (b) is experiencing an overdose and another individual seeks or obtains emergency medical attention for him; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no law-enforcement officer acting in a good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution. Current law provides an affirmative defense to such offenses only when an individual seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose.
- Who sponsors SB 667?
- SB 667 is sponsored by Jennifer B. Boysko, Joseph D. Morrissey, Jennifer L. McClellan, and Bell, John J..
- What is the current status of SB 667?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track SB 667?
- Track SB 667 free on One Click Politics — get push/email alerts when it moves.
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