2016 -- S 2976

========

LC005807

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO FOOD AND DRUGS-THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT OF 2016

     Introduced By: Senators McCaffrey, Miller, Metts, Nesselbush, and Archambault

     Date Introduced: May 10, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     Section 1. Section 21-28.9-4 of the General Laws in chapter 21-28.9 entitled "The Good

Samaritan Overdose Protection Act of 2016" is hereby amended as follows:

     21-28.9-4. Emergency overdose care – Immunity from legal repercussions. – (a) Any

person who, in good faith, without malice and in the absence of evidence of an intent to defraud

seeks medical assistance for someone experiencing a drug overdose or other drug-related medical

emergency shall not be charged or prosecuted for any crime related to the possession or delivery

of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if

the evidence for the charge was gained as a result of the seeking of medical assistance.

     (b) A person who experiences a drug overdose or other drug-related medical emergency

and is in need of medical assistance shall not be charged or prosecuted for any crime related to

the possession or delivery of a controlled substance or drug paraphernalia, or the operation of a

drug-involved premises, if the evidence for the charge was gained as a result of the overdose and

the need for medical assistance.

     (c) The act of providing first aid or other medical assistance to someone who is

experiencing a drug overdose or other drug-related medical emergency may be used as a

mitigating factor in a criminal prosecution pursuant to the controlled substances act.

     (d) The immunity related to the possession or delivery of a controlled substance or drug

paraphernalia, or the operation of a drug-involved premises afforded under this section shall also

extend to a violation of probation and/or parole on those grounds.

     SECTION 2. This act shall take effect upon passage.

========

LC005807

========

LC005807 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS-THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT OF 2016

***

     This act would provide immunity from criminal prosecution for any crime relating to the

delivery of a controlled substance if the evidence for the charge was gained as a result of the

seeking or providing of medical assistance for a person experiencing a drug overdose.

     This act would take effect upon passage.

========

LC005807

========

LC005807 - Page 3 of 3