Bill gives free pass to bad decisions

EPHRATA — State Sen. Rosa Franklin, D-South Tacoma, sponsored Senate bill 5516 that “would cut down on deaths from drug-related overdoses by discontinuing the prosecution of people who alert hospitals or police if they think someone needs medical help.”

“In 2003 the death rate from drug use was 9.9 deaths per 100,000 Washington residents. This rate has increased from 1992, when it was 5.6 deaths per 100,000 residents,” according to the Senate bill report.

Senator Franklin was apparently prompted to present the bill on behalf of many who feel intimidated by reporting to police when a person who has gone beyond reason when consuming alcohol or an amount of drugs, whether legally prescribed or illegally possessed, to the point of death.

Senator Franklin believes that “many of these people could be saved, but their friends are scared of prosecution and gamble that their friends will make it through without medical help.”

Senator Franklin stated, “Who among us does not have a friend or family member who made an unwise choice at some time in life? Should they pay for with their lives? Under this bill, many people who would otherwise die will get a second chance to live, learn from their mistakes and enjoy long, productive lives.”

In Grant County, over the past three years, we have experienced several assisted drug and alcohol related poisonings with some resulting in death. In Senator Franklin’s proposed bill, which is on its way to the governor’s office for signature to become state law, she is asking for immunity from prosecution for those who seek medical assistance after overdosing.

“A person will not be charged or prosecuted for possession of a controlled substance under the Uniform Controlled Substances Act if … that person experiences a drug-related overdose and is in need of medical assistance,” states the Senate bill report. “A person will also not be charged if the evidence for the charge of possession of a controlled substance … was obtained as a result of that person seeking or receiving medical assistance.”

Senator Franklin claims, “Drug overdose is the second leading cause of injury death in the United States, behind only motor vehicle accidents and ahead of firearms.”

According to the Centers for Disease Control and Prevention (CDC) “accidents” (unintentional injuries) ranks number five for the leading cause of death in the U.S. with 121,599 in 2006. (Deaths: Final Data for 2006).

Is it unintentional if someone takes another’s prescription? Is it unintentional if someone acquires an illegal drug such as methamphetamine, cocaine, LSD, etc. and ingests the drug? Is it unintentional to place a hose in your mouth and have someone else pour copious amounts of intoxicating liquor into a funnel and drench one’s self with alcohol?

In Grant County we have successfully prosecuted only one case, so far, for someone who “intentionally” gave another person a drug, that was not prescribed to them, and that person died from it. We have several other cases with the same modus operandi awaiting the discretion of the prosecutor’s office and others that are still in need of pertinent facts and evidence to be charged.

But, for the life of me I cannot understand someone who would want to give “immunity” to someone whom either encouraged, participated, or in otherwise allowed another person to become so intoxicated or drug riddled that they died from actions they knew could kill them. What are they saying? “It’s ok, I should never be held responsible for doing the wrong thing.” Doesn’t that enable bad behavior? Seems like so called “feel good” legislation is enabling too much bad behavior.