Overdose-aid bill falters

Published: Tuesday, Feb. 21 2006 12:00 a.m. MST

Deserting an overdose victim will not become a crime, at least not this year.

An attempt to make it a class B misdemeanor to refuse to help somebody who is suffering from a drug overdose failed in the House Judiciary Committee Monday morning, despite pleas from family members of two people who died of heroin overdoses in the past year after friends did not seek help. Lawmakers voted 11-2 to hold HB391 and study the issue in interim committee before next year's session.

Opponents of the bill generally agreed that something needed to be done to help prevent future overdose deaths, but questioned whether making it a crime would be effective since help is not sought because of a fear of police. Other options, such as education, may be preferable alternatives that the Legislature should consider, said Paul Boyden, director of the Statewide Association of Prosecutors.

"This is a very serious problem, but our concern is that there is not clear, factual standards for prosecution," Boyden said. Threatening a misdemeanor "may make people abandon the scene even sooner. It may make the problem worse, not better."

But Salt Lake County Sheriff's deputy Doug Lambert, who helped co-write the bill, said the problem is that no one is calling for help now.

"The current standard is not working. We want people to call. The problem is they are not," he said in an interview after Monday's vote.

Furthermore, Lambert said law enforcers simply didn't have enough time or man power to put together cases against individuals who report an overdose but may be using drugs themselves.

Lambert said based on the talk he had heard leading up to Monday, he expected the bill to fail.

"The overall message is that everyone needs to get on the same page. There's a lack of understanding for the intended purpose of the bill," he said. "The intent of the bill is too talk about extreme cases where there are functional drug addicts and they don't want to change their lifestyle . . . and to let that happen they're willing to let a friend die."

For those who do abandon the scene, something needs to be done to punish them, said Rosemary Sill, whose brother died in November from an overdose.

"Education and awareness is a great thing," she said. "But when it comes down to it, it needs to be about accountability."