Bill Text - HB545 (2017)

(New Title) relative to immunity from prosecution for persons involved in a drug-related emergency.


Revision: Jan. 26, 2017, 8:06 a.m.

HB 545 - AS INTRODUCED

 

 

2017 SESSION

17-0601

04/03

 

HOUSE BILL 545

 

AN ACT relative to immunity from prosecution for persons involved in an alcohol or drug-related emergency.

 

SPONSORS: Rep. J. Edwards, Rock. 4; Rep. Cushing, Rock. 21; Rep. K. Rice, Hills. 37; Rep. Alicea, Merr. 8; Rep. Burt, Hills. 39; Rep. Baroody, Hills. 43; Rep. Sylvia, Belk. 6; Rep. Herbert, Hills. 43; Rep. Ulery, Hills. 37

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill adds a defense for an alcohol-related emergency to the statute providing a defense for persons involved in a drug-related emergency.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0601

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to immunity from prosecution for persons involved in an alcohol or drug-related emergency.

 

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

 

1  Controlled Drug Act; Immunity From Liability.  Amend RSA 318-B:28-b, I-III to read as follows:

I.  As used in this section:

(a)  "Drug overdose'' means an acute condition resulting from or believed to be resulting from the use of a controlled drug or alcohol which a layperson would reasonably believe requires medical assistance.

(b)  "Medical assistance'' means professional services provided to a person experiencing a drug or alcohol related 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 or alcohol related overdose.

(c)  "Requests medical assistance'' shall include a request for medical assistance as well as providing care to someone who is experiencing a drug or alcohol related overdose while awaiting the arrival of medical assistance to aid the overdose victim.

II.(a)  It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose.  A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance.

(b)  A person acting in good faith who seeks medical assistance for someone experiencing an alcohol related overdose shall not be 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, if the evidence for the charge of possession of alcohol was obtained as a result of the person seeking medical assistance.

III.(a)  It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself.  A person who in good faith requests, or is the subject of a good faith request for medical assistance, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance.

(b)  A person who experiences a drug or alcohol related overdose and is in need of medical assistance shall not be 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, if the evidence for the charge of possession of alcohol was obtained as a result of the overdose and the need for medical assistance.

2  Repeal.  2015, 218:4, relative to the repeal of RSA 318-B:28-b, is repealed.

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

HB 545 - AS INTRODUCED

 

 

2017 SESSION

17-0601

04/03

 

HOUSE BILL 545

 

AN ACT relative to immunity from prosecution for persons involved in an alcohol or drug-related emergency.

 

SPONSORS: Rep. J. Edwards, Rock. 4; Rep. Cushing, Rock. 21; Rep. K. Rice, Hills. 37; Rep. Alicea, Merr. 8; Rep. Burt, Hills. 39; Rep. Baroody, Hills. 43; Rep. Sylvia, Belk. 6; Rep. Herbert, Hills. 43; Rep. Ulery, Hills. 37

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill adds a defense for an alcohol-related emergency to the statute providing a defense for persons involved in a drug-related emergency.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

17-0601

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to immunity from prosecution for persons involved in an alcohol or drug-related emergency.

 

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

 

1  Controlled Drug Act; Immunity From Liability.  Amend RSA 318-B:28-b, I-III to read as follows:

I.  As used in this section:

(a)  "Drug overdose'' means an acute condition resulting from or believed to be resulting from the use of a controlled drug or alcohol which a layperson would reasonably believe requires medical assistance.

(b)  "Medical assistance'' means professional services provided to a person experiencing a drug or alcohol related 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 or alcohol related overdose.

(c)  "Requests medical assistance'' shall include a request for medical assistance as well as providing care to someone who is experiencing a drug or alcohol related overdose while awaiting the arrival of medical assistance to aid the overdose victim.

II.(a)  It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose.  A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance.

(b)  A person acting in good faith who seeks medical assistance for someone experiencing an alcohol related overdose shall not be 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, if the evidence for the charge of possession of alcohol was obtained as a result of the person seeking medical assistance.

III.(a)  It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself.  A person who in good faith requests, or is the subject of a good faith request for medical assistance, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance.

(b)  A person who experiences a drug or alcohol related overdose and is in need of medical assistance shall not be 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, if the evidence for the charge of possession of alcohol was obtained as a result of the overdose and the need for medical assistance.

2  Repeal.  2015, 218:4, relative to the repeal of RSA 318-B:28-b, is repealed.

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