Vetoed by Governor Chris Christie

Vote Smart's Synopsis:

Vote to pass a bill that authorizes temporary immunity for witnesses and victims of a drug overdose.

Highlights:

• Authorizes an individual who seeks medical assistance “in good faith”  for an individual experiencing a drug overdose to receive legal immunity for certain drug related offenses including, but not limited to, the following (Sec. 2):
• Possession, use, or attempt to obtain a controlled substance;
• Possession, use, or attempt to obtain a “controlled substance analog”;
• Possession with intent to use drug paraphernalia or needles;
• Possession or inhalation of fumes of any toxic chemical; or
• Being under the influence of a controlled substance.

• Requires the act of seeking medical assistance for an individual experiencing a drug overdose be considered a mitigating factor in a criminal prosecution for other drug-related offenses that are not granted legal immunity by the provisions of this bill (Sec. 6).

• Authorizes an individual who seeks medical assistance for a drug overdose victim to have an affirmative defense in a criminal prosecution for a violation that made the individual strictly liable for a drug-induced death (Sec. 7).

Full Bill Text