2025 -- S 0926 | |
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LC002617 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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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: Senator Matthew L. LaMountain | |
Date Introduced: March 28, 2025 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28.9-4 of the General Laws in Chapter 21-28.9 entitled "The Good |
2 | Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows: |
3 | 21-28.9-4. Emergency overdose care — Immunity from legal repercussions. |
4 | (a) Any person who, in good faith, without malice and in the absence of evidence of an |
5 | intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or |
6 | other drug- or alcohol-related medical emergency shall not be charged or prosecuted for any crime |
7 | related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug- |
8 | involved premises, if the evidence for the charge was gained as a result of the seeking of medical |
9 | assistance. |
10 | (b) A person who experiences a drug or alcohol overdose or other drug- or alcohol-related |
11 | medical emergency and is in need of medical assistance shall not be charged or prosecuted for any |
12 | crime related to the possession of a controlled substance or drug paraphernalia, possession or |
13 | transportation of alcohol by an underage person, or the operation of a drug-involved premises, if |
14 | the evidence for the charge was gained as a result of the overdose and the need for medical |
15 | assistance. |
16 | (c) The act of providing first aid or other medical assistance to someone who is |
17 | experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may |
18 | be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act. |
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1 | (d) The immunity related to the possession of a controlled substance or drug paraphernalia, |
2 | possession or transportation of alcohol by an underage person, or the operation of a drug-involved |
3 | premises afforded under this section shall also extend to a violation of bail, probation and/or parole |
4 | on those grounds. |
5 | 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 | |
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1 | This act would extend the immunity from alcohol- or drug-related offenses in cases of |
2 | emergency overdose care to violations of bail conditions. |
3 | This act would take effect upon passage. |
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