Utah H.B. 362: Overdose Reporting Amendments

Bill Text

Enrolled Copy H.B. 362
1 OVERDOSE REPORTING AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carol Spackman Moss
5 Senate Sponsor: Evan J. Vickers
6
7 LONG TITLE
8 General Description:
9 This bill extends who qualifies for an affirmative defense for an offense regarding a
10 controlled substance.
11 Highlighted Provisions:
12 This bill:
13 < extends the affirmative defense for a person who reports an overdose to bystanders
14 who remain and assist the person; and
15 < provides that remaining to assist a person subject to an overdose is a mitigating
16 factor when determining the penalty for a related controlled substances violation.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 58-37-8, as last amended by Laws of Utah 2019, Chapter 58
24 76-3-203.11, as enacted by Laws of Utah 2014, Chapter 19
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 58-37-8 is amended to read:
28 58-37-8. Prohibited acts -- Penalties.
29 (1) Prohibited acts A -- Penalties and reporting:

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30 (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
31 intentionally:
32 (i) produce, manufacture, or dispense, or to possess with intent to produce,
33 manufacture, or dispense, a controlled or counterfeit substance;
34 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
35 arrange to distribute a controlled or counterfeit substance;
36 (iii) possess a controlled or counterfeit substance with intent to distribute; or
37 (iv) engage in a continuing criminal enterprise where:
38 (A) the person participates, directs, or engages in conduct that results in a violation of
39 Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
40 Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
41 Clandestine Drug Lab Act, that is a felony; and
42 (B) the violation is a part of a continuing series of two or more violations of Chapters
43 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b, Imitation
44 Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d, Clandestine
45 Drug Lab Act, on separate occasions that are undertaken in concert with five or more persons
46 with respect to whom the person occupies a position of organizer, supervisor, or any other
47 position of management.
48 (b) A person convicted of violating Subsection (1)(a) with respect to:
49 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
50 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
51 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
52 subsequent conviction is guilty of a first degree felony;
53 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
54 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
55 upon a second or subsequent conviction is guilty of a second degree felony; or
56 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
57 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree

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58 felony.
59 (c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
60 be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
61 fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
62 person or in the person's immediate possession during the commission or in furtherance of the
63 offense, the court shall additionally sentence the person convicted for a term of one year to run
64 consecutively and not concurrently; and the court may additionally sentence the person
65 convicted for an indeterminate term not to exceed five years to run consecutively and not
66 concurrently.
67 (d) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
68 felony punishable by imprisonment for an indeterminate term of not less than seven years and
69 which may be for life. Imposition or execution of the sentence may not be suspended, and the
70 person is not eligible for probation.
71 (e) The Administrative Office of the Courts shall report to the Division of
72 Occupational and Professional Licensing the name, case number, date of conviction, and if
73 known, the date of birth of each person convicted of violating Subsection (1)(a).
74 (2) Prohibited acts B -- Penalties and reporting:
75 (a) It is unlawful:
76 (i) for a person knowingly and intentionally to possess or use a controlled substance
77 analog or a controlled substance, unless it was obtained under a valid prescription or order,
78 directly from a practitioner while acting in t