SB147 (2016) Detail

Granting immunity from criminal prosecution to a person who reports a drug or alcohol related emergency.


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SB 147 - AS INTRODUCED

 

2015 SESSION

\t15-0318

\t04/03

 

SENATE BILL\t\t147

 

AN ACT\tgranting immunity from criminal prosecution to a person who reports a drug or alcohol related emergency.

 

SPONSORS:\tSen. Kelly, Dist 10; Sen. Pierce, Dist 5; Sen. Watters, Dist 4

 

COMMITTEE:\tJudiciary

 

 

ANALYSIS

 

\tThis bill permits a witness or victim of a drug overdose to seek medical assistance in order to save the life of an overdose victim by protecting the witness or victim from prosecution and conviction for certain crimes.  The bill provides limited immunity from citation, arrest, or prosecution for a person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug or alcohol overdose or for themselves if they are experiencing a drug or alcohol overdose.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 

\t15-0318

\t04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Fifteen

 

AN ACT\tgranting immunity from criminal prosecution to a person who reports a drug or alcohol related emergency.

 

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

 

\t1  Legislative Intent.  It is the intent of the general court to encourage a witness or victim of a drug overdose to seek medical assistance in order to save the life of an overdose victim by establishing a state policy of protecting the witness or victim from prosecution and conviction for certain crimes.  It is not the intent of the general court to provide immunity from citation, arrest, or prosecution for violation of the controlled drug act pursuant to RSA 318-B, or citation, arrest, or prosecution for procuring, possessing, or consuming alcohol by someone under age 21 or for providing to or enabling consumption of alcohol by someone under age 21 in cases where medical assistance has not been sought for someone experiencing an overdose.\t

\t2  New Section; Controlled Drug Act; Immunity From Liability.  Amend RSA 318-B by inserting after section 28-a the following new section:

\t318-B:28-b  Immunity From Liability.

\t\tI.  As used in this section:

\t\t\t(a)  “Drug overdose” means an acute condition resulting from or believed to be resulting from the use of a controlled drug which a layperson would reasonably believe requires medical assistance.  For purposes of this section, “controlled drug” shall include alcohol.

\t\t\t(b)  “Medical assistance” means professional services provided to a person experiencing a drug overdose by a health care professional licensed, registered, or certified under state law who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services for a person experiencing a drug overdose.

\t\t\t(c)  “Seeks medical assistance” shall include providing care to someone who is experiencing a drug overdose while awaiting the arrival of medical assistance to aid the overdose victim.

\t\tII.  A person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug overdose shall not be cited, arrested, or prosecuted for a violation of this chapter if the evidence for the charge of possession of a controlled drug was gained as a result of the seeking of medical assistance, or cited, arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone under age 21, or for providing to or enabling consumption of alcohol by someone under age 21.

\t\tIII.  A person who is experiencing a drug overdose and, in good faith, seeks medical assistance for himself or herself or is the subject of a good faith request for medical assistance shall not be cited, arrested, or prosecuted for a violation of this chapter if the evidence for the charge of possession of a controlled drug was gained as a result of the overdose and the need for medical assistance, or cited, arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone under age 21, or for providing to or enabling consumption of alcohol by someone under age 21.  A person who seeks medical assistance for a drug overdose pursuant to paragraph II or III shall not be subject to any of the penalties for violation of RSA 173-B for being at the scene of the drug overdose, or for being within close proximity to any person at the scene of the drug overdose.

\t\tIV.  A person who seeks medical assistance for a drug overdose pursuant to paragraph II or III shall not be subject to any sanction for a violation of a condition of pretrial release, probation, furlough, or parole for being at the scene of the drug overdose, or for being within close proximity to any person at the scene of the drug overdose.

\t\tV.  The act of seeking medical assistance for or by someone who is experiencing a drug overdose shall be considered a mitigating circumstance at sentencing for a violation of any other offense.

\t\tVI.  The immunity provisions of this section shall apply only to the use and derivative use of evidence gained as a proximate result of the person’s seeking medical assistance for a drug overdose, and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.

\t\tVII.  A person who seeks medical assistance for a drug overdose pursuant to paragraph II or III shall not be subject to the laws governing property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture.

\t\tVIII.  Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section.

\t3  Applicability.  This act shall apply to a person who seeks medical assistance for a drug overdose on or after the effective date of this act.

\t4  Effective Date.  This act shall take effect 60 days after its passage.