SB419 H JUD AM 3-4 #1

    The Committee on the Judiciary moves to amend the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

“ARTICLE 46. OVERDOSE PREVENTION ACT.

§16-46-1. Legislative findings.

    The Legislature finds that good samaritan policies encourage citizens to seek potentially life-saving medical assistance for themselves or others without worry of disciplinary or punitive action in cases of overdose by alcohol.

§16-46-2. Definitions.

    As used in this article:

    (1) "Overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria or death, which is caused in whole or part by the consumption or use of alcohol.

    (2) "Medical Assistance" means the professional services provided to a person experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty or chapter sixteen of this code, acting within his or her lawful scope of practice.

§16-46-3. Medical amnesty.

    (a) A person who, in good faith and in a timely manner, seeks medical assistance for someone or for himself or herself who appears to be experiencing an overdose and complies with subsection (b) of this section may not be cited, arrested, or prosecuted for a violation of section nine, article six, chapter sixty of this code.

    (b) A person described in subsection (a), if physically capable shall:

    (1) Provide his or her own full name if requested by emergency medical assistance personnel;

    (2) Provide any other relevant information requested by the emergency medical assistance personnel that is known to such person;

    (3) Remain with the individual who reasonably appears to be in need of medical assistance due to an overdose until professional emergency medical assistance is provided; and

    (4) Cooperates with emergency medical assistance personnel and law-enforcement officers. 

    (c) A person who acts pursuant to subsection (a) of this section, and who otherwise qualifies for amnesty under subsection (a) of this section, may not be subject to any sanction for a violation of a condition of pretrial release, probation, furlough, or parole.

    (d) A person to whom amnesty is granted pursuant to subsection (a) of this section is thereafter barred from asserting such amnesty with regard to subsequent actual or apparent overdose incidents.

    (e) The act of seeking medical assistance for or by someone who appears to be experiencing an overdose shall be considered a mitigating circumstance at sentencing for any other offense.

    (f) The amnesty provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person's seeking medical assistance for an overdose, and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.

    (g) Except in cases of reckless or intentional misconduct, law enforcement is immune from liability for citing or arresting a person who is later determined to qualify for amnesty under this section.

    (h) No provision of this section shall operate to bar prosecution or exclude evidence found in plain view by law enforcement when such prosecution and evidence pertains to use or possession of controlled substances, drug paraphernalia or related items.”