HB118 (2014) Detail

(New Title) providing immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose event.


HB 118 – AS AMENDED BY THE SENATE

13Mar2013… 0392h

01/30/14 0035s

2013 SESSION

13-0109

04/03

HOUSE BILL 118

AN ACT establishing a committee to study granting immunity from criminal prosecution to certain persons involved in a drug- or alcohol-related emergency.

SPONSORS: Rep. Winters, Hills 18

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a committee to study granting immunity from criminal prosecution to certain persons involved in a drug- or alcohol-related emergency.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/30/14 0035s

13Mar2013… 0392h

13-0109

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT establishing a committee to study granting immunity from criminal prosecution to certain persons involved in a drug- or alcohol-related emergency.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Committee Established. There is established a committee to study granting immunity from criminal prosecution to certain persons involved in a drug- or alcohol-related emergency.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) One member of the senate, appointed by the senate president.

(b) Six members of the house of representatives, 2 of whom shall be from the criminal justice and public safety committee, 2 of whom shall be from the health, human services and elderly affairs committee, and 2 of whom shall be from the judiciary committee, appointed by the speaker of the house of representatives.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties.

I. The committee shall study:

(a) The feasibility of granting immunity from criminal prosecution, including transactional immunity, to a person who is in need of medical assistance as the result of a drug- or alcohol-related emergency and to any person who seeks medical assistance for such a person during a drug- or alcohol-related emergency.

(b) Statutes in other states which grant immunity to a person who reports or sustains a drug- or alcohol-related emergency and the type of immunity granted.

(c) Legal and practical issues relating to the enforcement of a law granting immunity for drug- or alcohol-related emergencies.

(d) The frequency and nature of drug- and alcohol-related emergencies occurring on college and university campuses in this state and whether such emergencies would be adequately addressed by the passage of such legislation.

(e) Any other issue that the committee deems relevant to the purpose of this study.

II. The committee may solicit testimony from any person or organization with information or expertise which the committee deems relevant to the object of this study.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2014.

6 Effective Date. This act shall take effect upon its passage.

LBAO

13-0109

Amended 02/04/14

HB 118 FISCAL NOTE

AN ACT establishing a committee to study granting immunity from criminal prosecution to certain persons involved in a drug- or alcohol-related emergency.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant states this bill, as amended by the Senate (Amendment #2014-0035s), will have no fiscal impact on state, county, and local expenditures or revenue.

METHODOLOGY:

The Office of Legislative Budget Assistant states this bill establishes a committee to study granting immunity from criminal prosecution to certain persons involved in a drug or alcohol related emergency. This bill will have no fiscal impact on state, county, and local expenditures or revenue.