House Bill #7305 (2018)
AN ACT RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016
Adds alcohol and alcohol-related overdoses and possession or transportation of alcohol by an underage person, to the Good Samaritan Overdose Prevention Act.
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2018-01-25: Introduced, referred to House Judiciary
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2018-02-09: Scheduled for hearing and/or consideration (02/13/2018)
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2018-02-13: Committee recommended measure be held for further study
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2018-06-08: Scheduled for consideration (06/12/2018)
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2018-06-12: Committee recommends passage of Sub A
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2018-06-16: Placed on House Calendar (06/19/2018)
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2018-06-19: House passed Sub A
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2018-06-23: Placed on Senate Calendar (06/23/2018)
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2018-06-23: Senate passed Sub A in concurrence
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2018-07-02: Transmitted to Governor
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2018-07-02: Signed by Governor
Changes since original draft
2018 – H 7305- 2018 – H 7305 SUBSTITUTE A
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LC003798- LC003798/SUB A
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S TATE OF RHODE IS L AND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2018 ____________ A N A C T- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2018
- ____________
- A N A C T
- RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE
PREVENTION ACT OF 2016- PREVENTION ACT OF 2016
- Introduced By: Representatives Marshall, Bennett, O'Brien, Diaz, and Slater
- Date Introduced: January 25, 2018
- Referred To: House Judiciary
It is enacted by the GeneralAssembly as follows: SECTION 1. Sections 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. (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, 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 seeking of medicalassistance. (b) A person who experiences a drug or alcohol overdose or other drug- or alcohol- related medical emergencyand is in needof medical assistance shall not be chargedor 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 medicalemergency 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 alcoholby 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.- It is enacted by the General Assembly as follows:
- SECTION 1. Sections 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.
- (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 probation and/or parole on those grounds.
- 21-28.9-5. Law enforcement reports.
In the first week of January, 2017, and each year thereafter, the attorney generalshall, 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 criminaloffense resulting from the agency's response to the request for medicalassistance. SECTION 2. This act shalltake effect upon passage.- In the first week of January, 2017, 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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LC003798- LC003798/SUB A
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LC003798 - Page 2of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL- EXPLANATION
- BY THE LEGISLATIVE COUNCIL
- OF
A N A C T RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016- A N A C T
- RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE
- PREVENTION ACT OF 2016
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This act would add alcohol and alcohol-related overdoses and possession or transportation of alcohol by an underage person, to the Good Samaritan Overdose Prevention Act. This act would take effect upon passage. ======== LC003798 ======== LC003798 - Page 3of 3- This act would add alcohol and alcohol-related overdoses to the Good Samaritan Overdose Prevention Act.
- This act would take effect upon passage. ======== LC003798/SUB A ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
June 19, 2018 at 5:36pm
Yeas: 72 /
Nays: 0 /
Not voting: 3 /
Recused: 0
Floor vote for Passage
In Concurrence
June 23, 2018 at 10:04pm
Yeas: 27 /
Nays: 0 /
Not voting: 10 /
Recused: 0