2015 -- S 0576

========

LC001112

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

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:

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

assistance.

12

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

13

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

14

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

15

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

16

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

17

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

18

overdose and the need for medical assistance.

 

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

follows:

11

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

12

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

13

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

14

follows:

15

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

16

     SECTION 4. This act shall take effect upon passage.

========

LC001112

========

 

LC001112 - 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

***

1

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

2

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

3

assistance for a person experiencing a drug overdose.

4

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

5

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

6

     This act would take effect upon passage.

========

LC001112

========

 

LC001112 - Page 3 of 3