Senate adopts amendment to Senate File 74 linking second 'immunity' to completion of treatment

The Senate adopted a second-reading amendment to Senate File 74 that conditions a second applicable immunity for drug-overdose reporting on completion of a treatment program.

Senator Crago, sponsor of the amendment, said the change was a compromise to address concerns about multiple “free passes” in the underlying bill and to encourage treatment. “In order to get the 2nd free pass or the 2nd applicable immunity provision, you actually have to undergo treatment,” Crago said, adding that the treatment eligibility would typically be upon the suggestion of the local district attorney and that completion would make the person eligible for the second immunity.

During floor questions, Senator Nethercott asked whether the mechanism would require charging the person with a crime before the district attorney could supervise treatment, who would perform substance-abuse evaluations, and who would pay for treatment. Senator Rothfuss also asked specifically how payment would work for people who lack financial resources; Rothfuss noted concern that a statutory requirement to complete treatment could be ineffective if individuals could not access or afford programs. Crago replied that the condition was intended to be similar to diversion models and said district attorneys’ involvement would be analogous to current practice; she also acknowledged payment concerns and offered to continue the conversation before third reading.

Senators adopted the amendment on second reading; the bill was ordered to be read a third time.

Why it matters: The amendment ties expanded immunity under the bill to an affirmative treatment completion step, aiming both to limit repeated immunity without intervention and to direct people toward services. Floor discussion left questions about how treatment would be funded and organized, which senators indicated could be addressed before third reading.