1574.E AMS HOLY S2654.1

EHB 1574 - S AMD TO LAW COMM AMD (S-2596.1/25) 431

By Senator Holy

NOT CONSIDERED 04/27/2025

On page 2, line 6, after "person" strike "without making an arrest" and insert "and investigating potential charges other than those related to the use and possession of controlled substances. If during such detention, a peace officer develops probable cause the person has committed a crime other than possession or use of controlled substances, the peace officer may arrest the person"

On page 2, after line 16, insert the following:

"(6) Nothing in this section shall be construed as to provide an affirmative defense to criminal law violations. The person seeking assistance may not benefit from the protection from arrest, charging, prosecution, and conviction for related or unrelated criminal violations committed prior to seeking assistance."

EFFECT: (1) Clarifies officers maintain the authority to detain, investigate, and make arrests related to criminal law violations other than those related to possession or use of controlled substances.

(2) Clarifies that the protections of the act do not provide an affirmative defense and do not apply to criminal law violations committed prior to the person seeking medical assistance.

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