HB1351 (2020) Detail

Relative to immunity from arrest or prosecution for certain alcoholic beverage violations for a person under 21 years of age who reports a situation involving risk of alcohol overdose.


HB 1351 - AS INTRODUCED

 

 

2020 SESSION

20-2555

04/03

 

HOUSE BILL 1351

 

AN ACT relative to immunity from arrest or prosecution for certain alcoholic beverage violations for a person under 21 years of age who reports a situation involving risk of alcohol overdose.

 

SPONSORS: Rep. Bernet, Hills. 4; Rep. Kenney, Straf. 6; Rep. Radhakrishnan, Hills. 22; Sen. Levesque, Dist 12

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides immunity from arrest or prosecution for certain alcoholic beverage violations for a person under 21 years of age who contacts medical or emergency services as a result of an alcohol overdose.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2555

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to immunity from arrest or prosecution for certain alcoholic beverage violations for a person under 21 years of age who reports a situation involving risk of alcohol overdose.

 

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

 

1  New Section; Alcoholic Beverages; Enforcement, Requirements, and Penalties.  Amend RSA 179 by inserting after section 63 the following new section:

179:64  Immunity From Liability.  

I.(a)  No person under 21 years of age shall be arrested or prosecuted for an offense under this chapter if such person, in good faith and in a timely manner, requests medical or emergency treatment for himself, herself, or another person in a situation that involves risk of overdose to himself, herself, or another person under 21 years of age from the consumption of alcohol including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death from the consumption of alcohol.  

(b)  No person under 21 years of age shall be arrested or prosecuted for an offense under this chapter if such person was the individual for whom medical or emergency treatment or assistance was sought and the evidence of an offense under this chapter is obtained as a result of another person contacting emergency medical services or law enforcement.

II.  This section shall not be a defense to a charge of or prosecution for driving or operating under the influence of alcohol pursuant to RSA 265-A.

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

Links

HB1351 at GenCourtMobile
HB1351 Discussion

Action Dates

Date Body Type
Jan. 16, 2020 House Hearing
Jan. 28, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1351 Revision: 6981 Date: Dec. 2, 2019, 2:59 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Children and Family Law HJ 1 P. 19
Vacated and Referred to Criminal Justice and Public Safety (Rep. Long): MA DV 338-26 HJ 1 P. 100
Jan. 16, 2020 Public Hearing: 01/16/2020 11:15 am LOB 204
Jan. 28, 2020 Executive Session: 01/28/2020 10:00 am LOB 204
Feb. 19, 2020 Committee Report: Ought to Pass for 02/19/2020 (Vote 15-4; RC) HC 7 P. 28
Committee Report: Ought to Pass (Vote 15-4; RC)
Feb. 19, 2020 Ought to Pass: MA VV 02/19/2020 HJ 4 P. 101
March 11, 2020 Introduced 03/11/2020 and Referred to Judiciary; SJ 7
June 16, 2020 Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8