HB 295 — Overdose Amendments

(iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the offense, was under 18 years old.

(f)(i)(f) (i) A court shall impose the mandatory jail sentence described in Subsection (1)(f)(ii), and may not suspend any portion of the jail sentence or grant early release, if:

(B)(I)- 4 - HB0295 compared with HB0295S01 (B) (I) the violation is the person's second or subsequent conviction for any level of offense under Subsection (1)(a);

(iii)(A)(iii) (A) Except as provided in Subsection (1)(f)(iii)(B), a person who is subject to -a 4mandatory -jail 03-06sentence 23:29under 1stSubsection Sub.(1)(f)(i) may not be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation until the person has served the entire jail sentence described in Subsection (1)(f)(ii).

(Buff) H.B.

295 a mandatory jail sentence under Subsection (1)(f)(i) may not be released to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security for deportation until the person has served the entire jail sentence described in Subsection (1)(f)(ii).

or - 5 - HB0295 compared with HB0295S01 (iii) for a person knowingly and intentionally to possess an altered or forged prescription or written order for a controlled substance.

(d)(i)(d) (i) A person who violates Subsection (2)(a)(i) with respect to all other controlled substances not included in Subsection (2)(b)(i) or (ii), including a substance listed -in 5Section -58-37-4.2, 1stor Sub.marijuana, is guilty of a class B misdemeanor.

(Buff) H.B.

295 03-06 23:29 in Section 58-37-4.2, or marijuana, is guilty of a class B misdemeanor.

and - 6 - HB0295 compared with HB0295S01 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an indeterminate term as provided by law, and the court shall additionally sentence the person convicted to a term of six months to run consecutively and not concurrently.

(i) to use in the course of the manufacture or distribution of a controlled substance a license number which is fictitious, revoked, suspended, or issued to another person or, for the purpose of obtaining a controlled substance, to assume the title -of, 6or -represent 03-06oneself 23:29to 1stbe, Sub.a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person;

(Buff) H.B.

295 of, or represent oneself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person;

(b)(i)(b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A misdemeanor.

- 7 - HB0295 compared with HB0295S01 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.

-(iv) 7in -a 1stpublic Sub.park, amusement park, arcade, or recreation center when the public or amusement park, arcade, or recreation center is open to the public;

(Buff) H.B.

295 03-06 23:29 (iv) in a public park, amusement park, arcade, or recreation center when the public or amusement park, arcade, or recreation center is open to the public;

(b)(i)(b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony and shall be imprisoned for a term of not less than five years if the penalty that would otherwise have been established but for this Subsection (4) would have been a first degree felony.

(d)(i)- 8 - HB0295 compared with HB0295S01 (d) (i) If the violation is of Subsection (4)(a)(ix):

and (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with the mental state required for the commission of an offense, directly or indirectly solicits, requests, commands, coerces, encourages, or intentionally aids another person to commit a violation of Subsection (4)(a)(ix).(4)(a) (ix).

or -(ii) 8the -actor 03-06mistakenly 23:29believed 1stthat Sub.the location where the act occurred was not as described in Subsection (4)(a) or was unaware that the location where the act occurred was as described in Subsection (4)(a).

(Buff) H.B.

295 (ii) the actor mistakenly believed that the location where the act occurred was not as described in Subsection (4)(a) or was unaware that the location where the act occurred was as described in Subsection (4)(a).

(6)(a)(6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of guilty or no contest to a violation or attempted violation of this section or a plea which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

(8)(a)(8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law.

- 9 - HB0295 compared with HB0295S01 (b) When a violation of this chapter violates a federal law or the law of another state, conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

(b) a law enforcement officer acting in the course and legitimate scope of the officer's -employment; 9 - 1st Sub.

(Buff) H.B.

295 03-06 23:29 employment;

(12)(a)(12) (a) Civil or criminal liability may not be imposed under this section on any Indian, as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion as defined in Section 58-37-2.

(c)(i)(c) (i) The defendant shall provide written notice of intent to claim an affirmative defense under this Subsection (12) as soon as practicable, but not later than 10 days before trial.

- 10 - HB0295 compared with HB0295S01 (iii) The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.

(13)(a)(13) (a) It is an affirmative defense that the person produced, possessed, or administered a controlled substance listed in Section 58-37-4.2 if the person was:

and -(b) 10the -substance 03-06was 23:29administered 1stto Sub.the person by the medical researcher.

(Buff)(15) H.B.The application of any increase in penalty under this section to a violation of Subsection (2)(a) (i) may not result in any greater penalty than a second degree felony.

295 (b) the substance was administered to the person by the medical researcher.

(15) The application of any increase in penalty under this section to a violation of Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony.

(16)(a)(16) (a) As used in this Subsection (16):

(i) [reasonably believes that the person or another person is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance;] - 11 - HB0295 compared with HB0295S01 [(ii)] (A) reasonably believes that another individual is an overdosing victim;

and [(v)] (E) cooperates with the responding medical provider, emergency medical -service 11provider, -and 1stlaw Sub.enforcement officer, including providing information regarding the [person experiencing the overdose event] overdosing victim and any substances the [person] overdosing victim may have injected, inhaled, or otherwise introduced into the [person's] overdosing victim's body;

(Buff)[and] H.B.[(vi) is alleged to have committed the offense in the same course of events from which the reported overdose arose.] (ii) (A) reasonably believes that another individual is an overdosing victim and knows that a request for assistance for the overdosing victim is being made or has been made;

295 03-06 23:29 service provider, and law enforcement officer, including providing information regarding the [person experiencing the overdose event] overdosing victim and any substances the [person] overdosing victim may have injected, inhaled, or otherwise introduced into the [person's] overdosing victim's body;

[and] [(vi) is alleged to have committed the offense in the same course of events from which the reported overdose arose.] (ii)(A) reasonably believes that another individual is an overdosing victim and knows that a request for assistance for the overdosing victim is being made or has been made;

- 12 - HB0295 compared with HB0295S01 [(b)] (c) The offenses referred to in Subsection [(16)(a)] (16)(b) are:

(e)(i)(e) (e){(i)} In a prosecution for an offense listed in Subsection (16)(c), the prosecutor {or } may move the court {may } to dismiss the charge if:

(A)(i){(A)} the individual qualifies for an affirmative defense under Subsection (16)(b);

-(ii){(B)} 12the -charge 03-06for 23:29which 1stthe Sub.individual would be able to assert the affirmative defense under Subsection (16)(b) is the individual's first time being charged with the offense;

(Buff)and H.B.(iii){(C)} after the day of the offense, but before the day on which the case is adjudicated, the individual {demonstrated an intent to engage with substance abuse treatment by commencing, continuing, or completing } provides proof of a substance {use disorder treatment program} abuse evaluation and the completion of any recommended treatment.

295{(17)} (B)An theindividual chargedescribed forin whichSubsection the(16)(e)(i) individualmay wouldrequest bea abledelay toin assert the affirmativeindividual's defenseadjudication underin Subsectionorder (16)(b)to ishave thetime individual'sto firstcomplete timeany beingrequirements chargeddescribed within theSubsection offense;(16)(e)(i) (C).

and (C) after the day of the offense, but before the day on which the case is adjudicated, the individual provides proof of a substance abuse evaluation and the completion of any recommended treatment.

(ii) An individual described in Subsection (16)(e)(i) may request a delay in the individual's adjudication in order to have time to complete any requirements described in Subsection (16)(e)(i)(C).

- 13 - HB0295 compared with HB0295S01 (a) a screening as defined in Section 41-6a-501;

76-3-203.1176-3-203.11. .

(a) the individual is being sentenced for an offense under Title 58, Chapter 37, Utah -Controlled 13Substances -Act; 1st Sub.

(Buff) H.B.

295 03-06 23:29 Controlled Substances Act;

- 14 - HB0295 compared with HB0295S01 [(4)] (D) if applicable to the circumstances, remains at the location of the [person experiencing the overdose event] overdosing victim until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the [person experiencing an overdose event] overdosing victim is located until a responding law enforcement officer arrives;

[and] [(6) committed the offense in the same course of events from which the reported overdose arose.] (ii)(A)(ii) (A) reasonably believes that another individual is an overdosing victim and knows that a request for assistance for the overdosing victim is being made or has been made;

(B) remains at the location of the overdosing victim until a responding law -enforcement 14officer -or 03-06emergency 23:29medical 1stservice Sub.provider arrives, or remains at the medical care facility where the overdosing victim is located until a responding law enforcement officer arrives;

(Buff) H.B.

295 enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the overdosing victim is located until a responding law enforcement officer arrives;

Effective date.

This bill takes effect:effect {on May 6, 2026.} :

or - 15 - HB0295 compared with HB0295S01 (c) in the case of a veto, the date of veto override.

(a) the individual is being sentenced for an offense under Chapter 18, Part 2, Offenses -Concerning 15Controlled -Substances, 1stor Sub.Title 58, Chapter 37, Controlled Substances;

(Buff) H.B.

295 03-06 23:29 Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances;

[(4)] (D) if applicable to the circumstances, remains at the location of the [person - 16 - HB0295 compared with HB0295S01 experiencing the overdose event] overdosing victim until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the [person experiencing an overdose event] overdosing victim is located until a responding law enforcement officer arrives;

and [(5)] (E) cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the [person experiencing the overdose event] overdosing victim and any substances the [person][person]overdosing overdosing victim may have injected, inhaled, or otherwise introduced into the [person's][person's]overdosing overdosing victim's body;

and (C) cooperates with the responding medical provider, emergency medical service -provider, 16and -law 03-06enforcement 23:29officer, 1stincluding Sub.providing information regarding the overdosing victim and any substances the overdosing victim may have injected, inhaled, or otherwise introduced into the overdosing victim's body;

(Buff) H.B.

295 provider, and law enforcement officer, including providing information regarding the overdosing victim and any substances the overdosing victim may have injected, inhaled, or otherwise introduced into the overdosing victim's body;

- 17 - HB0295 compared with HB0295S01 (3) Subsection 76-18-207(10) enacted in H.B.

-(ii) 17(A) -reasonably 1stbelieves Sub.that another individual is an overdosing victim and knows that a request for assistance for the overdosing victim is being made or has been made;

(Buff) H.B.

295 03-06 23:29 (ii) (A) reasonably believes that another individual is an overdosing victim and knows that a request for assistance for the overdosing victim is being made or has been made;

- 18 - HB0295 compared with HB0295S01 (b) The circumstances referred to in Subsection (10)(a) are:

-(ii) 18"Overdosing -victim" 03-06means 23:29the 1stsame Sub.as that term is defined in Section 76-3-203.11.

(Buff) H.B.

295 (ii) "Overdosing victim" means the same as that term is defined in Section 76-3-203.11.

- 19 - HB0295 compared with HB0295S01 (3) (a) Subject to Subsection (3)(c), an individual may assert an affirmative defense to a violation of an offense under this part if, in the same course of events in which the offense was committed, the individual:

and (C) cooperates with the responding medical provider, emergency medical service -provider, 19and -law 1stenforcement Sub.officer, including providing information regarding the overdosing victim and any substances the overdosing victim may have injected, inhaled, or otherwise introduced into the overdosing victim's body;

(Buff) H.B.

295 03-06 23:29 provider, and law enforcement officer, including providing information regarding the overdosing victim and any substances the overdosing victim may have injected, inhaled, or otherwise introduced into the overdosing victim's body;

(b) An individual's request for medical assistance for an overdosing victim during the - 20 - HB0295 compared with HB0295S01 course of a law enforcement agency's execution of a search warrant, execution of an arrest warrant, or other lawful search is not a good faith report under Subsection (3)(a)(i)(B).

or[ on any] (b) a law enforcement officer acting in the course and legitimate scope of [that][that]the the law -enforcement 20officer's -employment. 03-06 23:29 1st Sub.

(Buff)(3) H.B.(a) Subject to Subsection (3)(c), an individual may assert an affirmative defense to a - 21 - HB0295 compared with HB0295S01 violation of an offense under this part if, in the same course of events in which the offense was committed, the individual:

295 enforcement officer's employment.

(3) (a) Subject to Subsection (3)(c), an individual may assert an affirmative defense to a violation of an offense under this part if, in the same course of events in which the offense was committed, the individual:

(b) An individual's request for medical assistance for an overdosing victim during the course of a law enforcement agency's execution of a search warrant, execution of an arrest - 22 - HB0295 compared with HB0295S01 warrant, or other lawful search is not a good faith report under Subsection (3)(a)(i)(B).

-(c) 21(i) -In 1sta Sub.prosecution for a violation of an offense under this part, the prosecutor may move the court to dismiss the charge if:

(Buff) H.B.

295 03-06 23:29 (c) (i) In a prosecution for a violation of an offense under this part, the prosecutor may move the court to dismiss the charge if:

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