BILL REQ. #: S-1355.2

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SUBSTITUTE SENATE BILL 5259
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State of Washington

59th Legislature

2005 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Kline, Franklin, Mulliken, Keiser, Rockefeller and Shin)

READ FIRST TIME 02/25/05.

AN ACT Relating to reporting drug overdoses; and adding a new section to chapter 69.50 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 69.50 RCW to read as follows:
     (1) A person shall not be charged, subject to civil forfeiture, or otherwise prosecuted for a violation of this chapter if:
     (a) The person was a witness to a drug overdose;
     (b) The person reasonably believed that the overdose would result in an imminent threat to the health or life of the overdose victim;
     (c) The person reported the drug overdose to law enforcement or summoned medical assistance at the time it was witnessed; and
     (d) All evidence of the specific violation was gained as a result of the person's report.
     (2) This section does not apply to prosecutions under RCW 69.50.415.
     (3) This section does not apply to prosecutions where the person who reported the overdose sold the drugs to the victim.

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