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Leadership Institute Branch Legal Training Section SB 192 - HEROIN 2015 Kentucky General Assembly Roll Call Training 2015-1

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Objective At the end of this review, the viewer will be able to: Describe the provisions of Senate Bill 192 (Heroin) from the 2015 Kentucky General Assembly RCT 2015-12

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Senate Bill 192 The following summary includes only the provisions of interest to law enforcement from Senate Bill 192. The full text of Senate Bill 192 is available from the Kentucky Legislative Research site http://www.lrc.ky.gov/record/15RS/record.htm RCT 2015-13

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NOTE This short training does not include certain critical elements of the statute, such as changes in sentencing and treatment options. Please refer to the full statute for this information. RCT 2015-14 www.methadone.forumotion.net

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EFFECTIVE DATE This bill is emergency legislation and effective immediately, although certain provisions will take some time to completely implement. RCT 2015-15

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Section 1 Coroners are to test for the presence of controlled substances which may have contributed to the death, and make appropriate notifications to law enforcement if a Schedule I controlled substances is found RCT 2015-16

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Section 3 Peace officers (and other public safety) may be authorized to administer naloxone. Regulations will be developed to provide for training and oversight for pharmacists prescribing it. Immunity is provided for good faith use. RCT 2015-17

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Section 4 Acetylfentanyl is added to the Schedule I list RCT 2015-18

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Section 5 Good faith reporting of a medical emergency regarding a drug overdose provides immunity to the caller and those working with them to get medical assistance for possession of heroin and related paraphernalia RCT 2015-19 www.citiesgallery.com

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Section 5 The caller must remain with the victim and the evidence of the charge is that which is obtained as a result of the overdose. You may investigate and prosecute other crimes, however. RCT 2015-110 www.citiesgallery.com

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Section 5 The callers information shall be reported to the local health department for followup. There is immunity for false arrest/imprisonment if a probable cause arrest is made, however. RCT 2015-111 www.citiesgallery.com

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Section 6 New Charge KRS 218A.1410 Importing heroin Bringing any quantity into Kentucky with intent to sell or distribute RCT 2015-112

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Section 7 Trafficking in a CS, first degree for 2 or more grams of fentanyl. This provision also includes sentencing changes. RCT 2015-113

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Section 8 New Charge KRS 218A.142 Aggravated trafficking in controlled substances in first degree Trafficking in excess of 100 grams of heroin RCT 2015-114

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Section 9 Trafficking in a controlled substance, third degree (not heroin) Class A misdemeanor 120 dosage units or less Class D felony More than 120 dosage units RCT 2015-115

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Section 10 Local governments may establish needle exchange programs. At such sites, needles are not considered drug paraphernalia RCT 2015-116

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Section 10 A piece officer may ask about the presence of needles, etc. prior to a search. If the subject admits to the presence of such, they may not be charged with possession of drug paraphernalia for the item, or for possession for trace amounts of any substance found on it. RCT 2015-117

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Questions? If you have any questions concerning this presentation, please feel free to contact the Legal Training Section in one of the following ways: Website: www.docjt.ky.gov/legalwww.docjt.ky.gov/legal Phone: 859-622-3801 Email:docjt.legal@ky.govdocjt.legal@ky.gov RCT 2015-118