Public Comments for: HB2117 - Experiencing or reporting an overdose or act of sexual violence; arrest and prosecution.
Last Name: fraser Locality: COVINGTON

I am in favor of the bill, incorporating references to existing laws and cases, because supporting this bill is a logical extension of our commitment to public health and justice, reflecting principles akin to Good Samaritan laws that have proven effective across various jurisdictions. This legislation parallels the intent of laws like the Good Samaritan Drug Overdose Act in several states, which has saved countless lives by encouraging the reporting of overdoses without fear of arrest for drug possession. By offering immunity, we align with the spirit of the federal 21st Century Cures Act, which emphasizes the need for swift medical intervention in overdose situations. This proposal also resonates with the legal protections provided in cases like Tarasoff v. Regents of University of California (1976), where the court established a duty to warn and protect, highlighting the societal benefit of encouraging help-seeking behavior. By ensuring individuals are not penalized for seeking assistance, we're addressing a critical barrier to justice and health care access, much like the protections offered by the Violence Against Women Act (VAWA), which encourages reporting of sexual violence. Furthermore, this bill supports the ethos behind Estelle v. Gamble (1976), where the Supreme Court recognized that deliberate indifference to serious medical needs of prisoners constitutes cruel and unusual punishment under the Eighth Amendment, suggesting a broader application of compassion and action in emergency situations. By preventing revocation of bail, probation, or parole for those seeking help, we're aligning with the rehabilitative rather than punitive aspects of the criminal justice system, fostering an environment where individuals can act responsibly without fear of further legal consequences, ultimately promoting a safer society where health and justice prevail. Thanks Lisa Fraser

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