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HB50/CI/LM (BR393) - A. Wuchner, J. Fischer, R. Crimm, S. Santoro, J. York
AN ACT relating to controlled substances and declaring an emergency.
Amend KRS 15.334 to require that the Department of Criminal Justice Training provide basic and mandatory regionalized in-service training on the topic of heroin; amend KRS 72.026 to increase the scope of mandatory reporting of deaths involving Schedule I controlled substances; amend KRS 196.288 to increase the scope of the required cost-savings calculations; direct that a portion of recaptured savings from criminal justice reforms be directed to the Department of Corrections to provide funding for the purchase and administration of naltrexone for extended-release injectable suspension, as a component of substance abuse treatment programs operated or approved by the Department of Corrections or supervised by the Division of Probation and Parole; create a new section of KRS Chapter 205 to enumerate the controlled substance treatment services to be offered by the Department for Medicaid Services; amend KRS 217.186 to provide that peace officers, firefighters, paramedics, emergency medical technicians, and school employees authorized under KRS 156.502 to administer medication may receive, possess, and administer naloxone to a person suffering from an apparent opiate-related overdose; establish requirements relating to the use of naloxone on school premises; create a new section of KRS Chapter 218A to require that all substance abuse treatment or recovery providers that receive state funding give pregnant women priority in accessing services; amend KRS 218A.500 to enumerate that if certain conditions are met, a person who informs a peace officer, prior to a search, of the presence of a hypodermic needle or other sharp object, he or she will not charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object or for possession of a controlled substance for residual or trace drug amounts present on the needle or sharp object; create a new section of KRS Chapter 218A to provide that a person has a defense for possession of a controlled substance if the person in good faith seeks medical assistance and meets certain additional criteria; amend KRS 218A.1412 to provide minimum service time requirements for persons convicted of trafficking of heroin in the first degree; provide that if a defendant commits the criminal act of trafficking of heroin in the first degree and a person dies as a result of the heroin trafficked by the defendant, this is considered a Class A felony; establish various service fees for persons convicted of trafficking 2 grams or more of heroin and above; provide that any service fees collected pursuant to this section be remitted to KY-ASAP to be used as supplemental funding for substance abuse treatment programs operating in county jails that are located within the region in which the offense was committed; allow, upon a motion by the Commonwealth, that a court may consider lowering the minimum service time requirement for a person who is convicted of trafficking in the first degree who provides substantial assistance to the Commonwealth for the prosecution of another; amend KRS 439.340 to require substance abuse treatment or education courses as a condition of release for persons convicted under KRS Chapter 218A; amend KRS 625.050 to enumerate that if certain conditions are met, a woman’s parental rights cannot be terminated solely because of her use of a controlled substance; amend KRS 439.3405 and 640.030 to conform; encourage the Department of Corrections to offer video, audio, oral, and written materials to persons housed at correctional facilities within the state that concentrate on educating inmates on Kentucky's drug trafficking laws, associated penalties, and treatment options; encourage public middle school and high school administrators to provide age-appropriate educational material relating to the potential dangers of heroin abuse to all middle and high school students; title the bill the "Heroin Impact Act"; APPROPRIATION; EMERGENCY.
Dec 12, 2014 - Prefiled by the sponsor(s).
Jan 06, 2015 - introduced in House; to Judiciary (H)