Individuals experiencing or reporting overdoses while incarcerated; disciplinary procedures.
Summary
Arrest, prosecution, and disciplinary proceduresand penalties for individuals experiencing or reporting overdoseswhile incarcerated. Provides that no individual incarceratedin a local, regional, or state correctional facility shall be subjectto arrest or prosecution for or disciplinary procedures or penaltiesrelated to the unlawful purchase, possession, or consumption of alcohol;possession of a controlled substance; possession of marijuana; intoxicationin public; or possession of controlled paraphernalia if (i) suchindividual seeks or obtains emergency medical attention for himselfor another individual experiencing an overdose or is experiencingan overdose and another individual seeks or obtains emergency medicalattention for him and (ii) the evidence for a prosecution or disciplinaryprocedures and penalties 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 correctional officer, deputy sheriff, or jail officer acting in a good faith shallbe found liable for false arrest if it is later determined that theperson arrested was immune from prosecution or disciplinary proceduresor penalties.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House of Delegates Passage
Mar 2024
Senate Passage
Mar 2024
Vetoed
Mar 2024
Introduced Jan 2, 2024
Vetoed Mar 20, 2024
Floor votes · Senate Feb 27, 2024 · House of Delegates Feb 8, 2024
How they voted
21–18
Passed · 1 other
Total votes 40
Feb 27, 2024
D
Democratic21
95% Yea
R
Republican19
89% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
12
Committee
11
Apr 17, 2024
Vetoed
House sustained Governor's veto
lower
Mar 20, 2024
Vetoed
Vetoed by Governor
executive
Mar 7, 2024
Upper · Passed
Signed by President
upper
Mar 4, 2024
Lower · Passed
Signed by Speaker
lower
Mar 4, 2024
Lower · Passed
Bill text as passed House and Senate (HB161ER)
lower
Feb 27, 2024
Upper · Passed
Passed Senate (21-Y 18-N)
upper
Feb 26, 2024
Upper · Passed
Passed by for the day
upper
Feb 21, 2024
Upper · Passed
Reported from Courts of Justice (9-Y 6-N)
upper
Feb 9, 2024
Committee
Referred to Committee for Courts of Justice
upper
Feb 8, 2024
Lower · Passed
VOTE: Passage (63-Y 34-N)
lower
Feb 8, 2024
Lower · Passed
Read third time and passed House (63-Y 34-N)
lower
Feb 2, 2024
Lower · Passed
Reported from Appropriations (13-Y 9-N)
lower
Jan 31, 2024
Lower · Passed
Subcommittee recommends reporting (5-Y 3-N)
lower
Jan 26, 2024
Committee
Referred to Committee on Appropriations
lower
Jan 26, 2024
Lower · Passed
Reported from Courts of Justice with substitute (13-Y 8-N)
lower
Jan 26, 2024
Committee
Assigned App. sub: Transportation & Public Safety
lower
Jan 24, 2024
Committee
Subcommittee recommends referring to Committee on Appropriations
lower
Jan 24, 2024
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 23, 2024
Committee
Assigned Courts sub: Criminal
lower
Jan 2, 2024
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 13 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Holly Seibold
DDemocratic
Co
Irene Shin
DDemocratic
Co
J.R. Henson
DDemocratic
Co
Jackie Glass
DDemocratic
Co
Jennifer Boysko
DDemocratic
Co
Kelly Fowler
DDemocratic
Co
Lamont Bagby
DDemocratic
Co
Laura Jane Cohen
DDemocratic
Co
Marty Martinez
DDemocratic
Co
Michelle Maldonado
DDemocratic
Co
Mike Jones
DDemocratic
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