Drug and Alcohol Rehabilitation - As enacted, authorizes the responding law enforcement officer or the district attorney general's office to extend criminal immunity to persons who are experiencing a subsequent drug overdose and who are seeking medical assistance. - Amends TCA Section 63-1-156.
Companion bill has been assigned Public Chapter Number 41 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0075Date
    Comp. became Pub. Ch. 4103/23/2023
    Sponsor(s) Added.02/27/2023
    Comp. SB subst.02/27/2023
    H. Placed on Regular Calendar for 2/27/202302/23/2023
    Placed on cal. Calendar & Rules Committee for 2/23/202302/22/2023
    Rec. for pass. if am., ref. to Calendar & Rules Committee02/21/2023
    Sponsor(s) Added.02/16/2023
    Placed on cal. Criminal Justice Committee for 2/21/202302/15/2023
    Sponsor(s) Added.02/14/2023
    Rec for pass if am by s/c ref. to Criminal Justice Committee02/14/2023
    Placed on s/c cal Criminal Justice Subcommittee for 2/14/202302/08/2023
    Sponsor(s) Added.01/30/2023
    Assigned to s/c Criminal Justice Subcommittee01/12/2023
    Ref. to Criminal Justice Committee01/12/2023
    P2C held on desk, pending appointment of Standing Committees01/11/2023
    Intro., P1C.01/10/2023
    Filed for introduction01/09/2023
    Actions For SB0256Date
    Effective date(s) 07/01/202303/23/2023
    Pub. Ch. 4103/23/2023
    Signed by Governor.03/14/2023
    Transmitted to Governor for action.03/06/2023
    Signed by H. Speaker03/02/2023
    Signed by Senate Speaker03/01/2023
    Enrolled and ready for signatures02/28/2023
    Passed H., Ayes 91, Nays 1, PNV 102/27/2023
    Am. withdrawn. (Amendment 1 - HA0030)02/27/2023
    Subst. for comp. HB.02/27/2023
    Rcvd. from S., held on H. desk.02/27/2023
    Engrossed; ready for transmission to House02/23/2023
    Sponsor(s) Added.02/23/2023
    Passed Senate as amended, Ayes 33, Nays 002/23/2023
    Senate adopted Amendment (Amendment 1 - SA0020)02/23/2023
    Placed on Senate Regular Calendar for 2/23/202302/21/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 002/14/2023
    Placed on Senate Judiciary Committee calendar for 2/14/202302/08/2023
    Sponsor(s) Added.02/06/2023
    Passed on Second Consideration, refer to Senate Judiciary Committee01/21/2023
    Introduced, Passed on First Consideration01/20/2023
    Filed for introduction01/19/2023
  • AmendmentsFiscal Memos
    HA0030Amendment 1-0 to HB0075Fiscal Memo for HA0030 (3309)  
    AmendmentsFiscal Memos
    SA0020Amendment 1-1 to SB0256Fiscal Memo for SA0020 (3309)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB0075

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill changes the law regarding immunity from prosecution when certain persons seek medical assistance for a drug overdose as described below.

    Present law prohibits:

    (1) A person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose from being arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance; and

    (2) A person who is experiencing a drug overdose and who in good faith seeks medical assistance for or is the subject of a request for medical assistance from being arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance.

    Present law defines “seeks medical assistance” as accessing or assisting in accessing medical assistance or the 911 system; contacting or assisting in contacting law enforcement or a poison control center; or providing care or contacts or assists in contacting any person or entity to provide care while awaiting the arrival of medical assistance to aid a person who is experiencing or believed to be experiencing a drug overdose.

    Present law provides that the immunity from arrest, charges, and prosecution described in (1) and (2) above applies to the person experiencing a drug overdose only on the person's first such drug overdose. This bill removes this limitation of the applicability of the immunity to only the first drug overdose.

    ON FEBRUARY 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 256, AS AMENDED.

    AMENDMENT #1 rewrites this bill, such that the immunity from being arrested, charged, or prosecuted may be applied for a person who experiences subsequent drug overdoses at the discretion of the responding law enforcement officer or the district attorney general's office.

  • FiscalNote for HB0075/SB0256 filed under HB0075

  • House Floor and Committee Votes

    House moved to substitute and conform to SB0256

    SB0256 by Johnson - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 2/27/2023
    Passed
              Ayes...............................................91
              Noes................................................1
              Present and not voting...................1

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Chism, Clemmons, Cochran, Crawford, Darby, Davis, Dixie, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Gillespie, Grills, Hakeem, Hale, Hardaway, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Jones, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Miller, Mitchell, Moody, Moon, Parkinson, Powell, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Thompson, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 91.
              Representatives voting no were: Pearson -- 1.
              Representatives present and not voting were: Beck -- 1.

              HB0075 by Lamberth - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 2/27/2023 2/23/2023
              Voice Vote - Ayes Prevail

              HB0075 by Lamberth - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 2/21/2023
              Voice Vote - Ayes Prevail

              HB0075 by Lamberth - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 2/14/2023
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0256 by Johnson - FLOOR VOTE: as Amended Third Consideration 2/23/2023
    Passed
              Ayes...............................................33
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kyle, Lamar, Lowe, Lundberg, Massey, Niceley, Oliver, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 33.

    SB0256 by Johnson - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0 2/14/2023
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Gardenhire, Kyle, Lamar, Roberts, Rose, Stevens, Taylor, White -- 8.