2018 -- S 2024

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LC003431

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT OF 2016

     Introduced By: Senators Felag, DiPalma, Lombardi, and Nesselbush

     Date Introduced: January 11, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-28.9-4 and 21-28.9-5 of the General Laws in Chapter 21-28.9

entitled "The Good Samaritan Overdose Prevention Act of 2016" are hereby amended to read 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 or alcohol overdose

or other drug- or alcohol-related medical emergency shall not be charged or prosecuted for any

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

transportation of alcohol by an underage person, 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 or alcohol overdose or other drug- or alcohol-

related medical emergency and is in need of medical assistance shall not be charged or prosecuted

for any crime related to the possession of a controlled substance or drug paraphernalia, possession

or transportation of alcohol by an underage person, 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 or alcohol overdose or other drug- or alcohol-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 of a controlled substance or drug

paraphernalia, possession or transportation of alcohol by an underage person, 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.

     21-28.9-5. Law enforcement reports.

     In the first week of January, 2017, and each year thereafter, the attorney general shall, in

cooperation with local law enforcement agencies and the state police, submit to the general

assembly a report summarizing the impact of this chapter on law enforcement. The report shall

include any incidents in which a law enforcement agency was barred, due to the immunity

provisions of § 21-28.9-4, from charging or prosecuting a person under chapters 28 and 28.5 of

this title, and under §3-8-9 or §3-8-10, who would have otherwise been so charged or prosecuted,

and indicating whether the person was charged with, or prosecuted for, any other criminal offense

resulting from the agency's response to the request for medical assistance.

     SECTION 2. 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 OF 2016

***

     This act would add alcohol and alcohol-related overdoses and possession or

transportation of alcohol by an underage person, to the Good Samaritan Overdose Prevention Act.

     This act would take effect upon passage.

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