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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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
  • ***
  • 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.

Floor vote for PASSAGE

June 19, 2018 at 5:36pm
Yeas: 72 / Nays: 0 / Not voting: 3 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for Passage In Concurrence

June 23, 2018 at 10:04pm
Yeas: 27 / Nays: 0 / Not voting: 10 / Recused: 0
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley NV
Sen. Cote NV
Sen. Coyne NV
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag NV
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan NV
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y