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 | |
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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: | |
1 | SECTION 1. Section 21-28.9-4 and 21-28.9-5 of the General Laws in Chapter 21-28.9 |
2 | entitled "The Good Samaritan Overdose Prevention Act of 2016" are hereby amended to read as |
3 | follows: |
4 | 21-28.9-4. Emergency overdose care -- Immunity from legal repercussions. |
5 | Emergency overdose care and medical assistance -- Immunity from legal repercussions. |
6 | (a) Any person who, in good faith, without malice and in the absence of evidence of an |
7 | intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or |
8 | other drug- or alcohol-related medical emergency or any other medical emergency unrelated to a |
9 | drug or alcohol overdose, shall not be arrested or charged or prosecuted for any crime related to the |
10 | possession or delivery of a controlled substance or drug paraphernalia, or the operation of a drug- |
11 | involved premises, if the evidence for the charge was gained as a result of the seeking of medical |
12 | assistance. |
13 | (b) A person who experiences a drug or alcohol overdose or other drug- or alcohol-related |
14 | medical emergency and is in need of medical assistance shall not be arrested or charged or |
15 | prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, |
16 | possession or delivery or transportation of alcohol by an underage person, or the operation of a |
17 | drug-involved premises, if the evidence for the charge was gained as a result of the overdose and |
18 | the need for medical assistance. |
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1 | (c) The act of providing first aid or other medical assistance to someone who is |
2 | experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may |
3 | be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act. |
4 | (d) The immunity related to the possession of a controlled substance or drug paraphernalia, |
5 | possession or transportation of alcohol by an underage person, or the operation of a drug-involved |
6 | premises afforded under this section shall also extend to a violation of probation and/or parole on |
7 | those grounds. |
8 | (e) Any information or intelligence gained from a police encounter or investigation from a |
9 | suspected drug overdose or medical emergency, in which the call was without malice and in the |
10 | absence of evidence of an intent to defraud, cannot be used for police or judicial investigations. |
11 | (f) The protection from arrest shall extend to arrests related to warrants against any person |
12 | for failure to appear or comply with a court order, or for failure to make payment of a court ordered |
13 | fine, civil assessment, or order of restitution as defined in chapter 6 of title 12. |
14 | 21-28.9-5. Law enforcement reports. |
15 | In the first week of January, 2017, February, 2023, and each year thereafter, the attorney |
16 | general shall, in cooperation with local law enforcement agencies and the state police, submit to |
17 | the general assembly a report summarizing the impact of this chapter on law enforcement. The |
18 | report shall include any incidents in which a law enforcement agency was barred, due to the |
19 | immunity provisions of § 21-28.9-4, from charging or prosecuting a person under chapters 28 and |
20 | 28.5 of this title, and under § 3-8-9 or § 3-8-10, who would have otherwise been so charged or |
21 | prosecuted, and indicating whether the person was charged with, or prosecuted for, any other |
22 | criminal offense resulting from the agency's response to the request for medical assistance. |
23 | SECTION 2. This act shall take effect upon passage. |
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LC004244 | |
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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 | |
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1 | This act would amend "The Good Samaritan Overdose Prevention Act of 2016" and would |
2 | provide immunity for people who, in good faith, seek medical assistance for people experiencing |
3 | medical emergencies in addition to drug overdoses. It would provide immunity to people from |
4 | possession or delivery. It would also protect people against arrest, including from warrants for |
5 | failure to appear or failure to make a court appearance, in addition to charges and prosecution. It |
6 | prohibits evidence found during a medical call from being used in future police investigations. It |
7 | extends the reporting deadline from law enforcement from January to February. |
8 | This act would take effect upon passage. |
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