2015 -- H 5416

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LC001366

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FOOD AND DRUGS - THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT

     

     Introduced By: Representatives Craven, O`Grady, and Keable

     Date Introduced: February 12, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-28.8-4 of the General Laws in Chapter 21-28.8 entitled "The

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Good Samaritan Overdose Prevention Act" is hereby amended to read as follows:

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     21-28.8-4. Emergency overdose care -- Immunity from legal repercussions. -- (a) Any

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

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

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emergency shall not be charged or prosecuted for any crime under RIGL 21-28 or 21-28.5, except

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for a crime involving the manufacture or possession with the intent to manufacture a controlled

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substance or possession with intent to deliver a controlled substance, related to the possession or

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

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premises, if the evidence for the charge was gained as a result of the seeking of medical

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assistance.

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

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

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21-28 or 21-28.5, except for a crime involving the manufacture or possession with the intent to

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manufacture a controlled substance or possession with intent to deliver a controlled substance,

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related to the possession or delivery of a controlled substance or drug paraphernalia, or the

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

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overdose and the need for medical assistance.

 

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

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

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extend to a violation of probation and/or parole on those grounds if the evidence for the violation

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was gained as a result of the seeking of medical assistance.

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

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

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

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     SECTION 2. Section 2 of Chapter 251 of the 2012 Public Laws entitled "An Act Relating

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to Food and Drugs - Good Samaritan Overdose Prevention Act" is hereby amended to read as

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follows:

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     Section 2. This act shall take effect upon passage and shall expire on July 1, 2015.

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     SECTION 3. Section 2 of Chapter 263 of the 2012 Public Laws entitled "An Act Relating

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to Food and Drugs - Good Samaritan Overdose Prevention Act" is hereby amended to read as

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follows:

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     Section 2. This act shall take effect upon passage and shall expire on July 1, 2015.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT

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     This act would broaden the immunity from prosecution for drug offenses afforded under

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the Good Samaritan Overdose Prevention Act to a person who in good faith seeks medical

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assistance for a person experiencing a drug overdose.

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     This act would also repeal the sunset provision for the Good Samaritan Overdose

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Prevention Act, so that it would not expire on July 1, 2015.

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     This act would take effect upon passage.

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