| Chapter 375 |
| 2025 -- S 0926 Enacted 07/01/2025 |
| A N A C T |
| RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016 |
Introduced By: Senator Matthew L. LaMountain |
| Date Introduced: March 28, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 21-28.9-4 of the General Laws in Chapter 21-28.9 entitled "The Good |
| Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows: |
| 21-28.9-4. Emergency overdose care — 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 shall not be charged or prosecuted for any crime |
| related to the possession 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 charged or prosecuted for any |
| crime 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, 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 bail, probation, and/or parole |
| on those grounds. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002617 |
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