2015 -- S 0576

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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: Senators McCaffrey, Nesselbush, Lombardi, and Walaska

     Date Introduced: March 03, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

     21-28.8-4. 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 under RIGL 21-28 or 21-28.5, except

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

substance or possession with intent to deliver a controlled substance, 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 under RIGL

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

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

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 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 if the evidence for the violation

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

     (c)(d) 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.

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

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

follows:

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

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

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

follows:

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

     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

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

assistance for a person experiencing a drug overdose.

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

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

     This act would take effect upon passage.

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