2022 -- S 2213

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LC004244

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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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 Euer, Miller, Murray, Valverde, and Seveney

     Date Introduced: February 08, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 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.

Emergency overdose care and medical assistance -- 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 or any other medical emergency unrelated to a

drug or alcohol overdose, shall not be arrested or charged or prosecuted for any crime related to the

possession or delivery of a controlled substance or drug paraphernalia, 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 arrested or charged or

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

possession or delivery 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.

     (e) Any information or intelligence gained from a police encounter or investigation from a

suspected drug overdose or medical emergency, in which the call was without malice and in the

absence of evidence of an intent to defraud, cannot be used for police or judicial investigations.

     (f) The protection from arrest shall extend to arrests related to warrants against any person

for failure to appear or comply with a court order, or for failure to make payment of a court ordered

fine, civil assessment, or order of restitution as defined in chapter 6 of title 12.

     21-28.9-5. Law enforcement reports.

     In the first week of January, 2017, February, 2023, 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 amend "The Good Samaritan Overdose Prevention Act of 2016" and would

provide immunity for people who, in good faith, seek medical assistance for people experiencing

medical emergencies in addition to drug overdoses. It would provide immunity to people from

possession or delivery. It would also protect people against arrest, including from warrants for

failure to appear or failure to make a court appearance, in addition to charges and prosecution. It

prohibits evidence found during a medical call from being used in future police investigations. It

extends the reporting deadline from law enforcement from January to February.

     This act would take effect upon passage.

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