H.B. 391

1

DRUG ABUSE AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carol Spackman Moss
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code to impose a penalty for a person who fails to seek
10 or provide assistance when another person appears to be seriously affected by a
11 controlled substance.
12 Highlighted Provisions:
13 This bill:
14 . provides that if a person is in the presence of an individual who reasonably appears
15 to be at risk of death or serious bodily injury due to ingestion of a controlled
16 substance, gas, or inhalant, it is a criminal offense to fail to seek or provide
17 treatment to mitigate or attempt to mitigate the apparent effects; and
18 . provides that the failure to act is a class B misdemeanor.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 76-5-112.3, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 76-5-112.3 is enacted to read:
29 76-5-112.3. Reckless neglect -- Penalty.
30 (1) A person commits reckless neglect if, under circumstances not amounting to a
31 felony offense:
32 (a) the person is in the presence of a second person whom the person knows or has
33 reason to know has ingested a controlled substance, gas, or inhalant, and the second person is
34 in physical condition that a reasonable person would perceive as creating a substantial risk of
35 death or serious bodily injury, as exhibited by physical symptoms such as intoxication,
36 unconsciousness, euphoria, dizziness, stupor, or inability to move; and
37 (b) the person fails to make reasonable efforts to obtain or provide emergency medical
38 assistance for the second party to mitigate or attempt to mitigate the apparent effects of the
39 controlled substance, gas, or inhalant.
40 (2) Reckless neglect is a class B misdemeanor.




Legislative Review Note
as of 2-6-06 1:51 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel