Mobile syringe services would face distance limits near schools and childcare

Syringe service programs would have to keep mobile and temporary service locations outside the restricted areas. The restriction would cover property belonging to existing public or private elementary, secondary, or career schools and covered child care centers. Covered schools must primarily serve minors. Covered child care centers must hold state certification and a valid business license.

Anyone could sue in the circuit court of the county where the syringe service program operates to enforce the distance rule. These lawsuits would enforce the location restriction on mobile and temporary syringe services near covered schools and child care centers. Courts would presume discarded needles, syringes, or legally defined drug paraphernalia found within 2,000 feet of covered properties came from a program violating the rule. That assumption could be challenged with evidence. A person who wins could recover $5,000 or their actual costs to clean up the discarded items, whichever is greater. The court would also have to award the person who wins reasonable lawyer fees.