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Regular Session, 2014
SENATE BILL NO. 422
BY SENATORS BROOME AND DORSEY-COLOMB
LIABILITY. Provides immunity for rendering assistance in medical emergencies involving
alcohol consumption or drug overdose. (8/1/14)
AN ACT1
To enact R.S. 14:403.9 through 403.11, relative to immunity for certain actions; to provide2
immunity from prosecution for emergency assistance involving alcohol consumption3
and drug overdoses; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:403.9 through 403.11 are hereby enacted to read as follows: 6
§403.9. Alcohol consumption; emergency assistance and cooperation; immunity7
A. A peace officer shall not take a person into custody based solely on8
the commission of an offense involving alcohol described in Subsection B of this9
Section if the peace officer, after making a reasonable determination and10
considering the facts and surrounding circumstances, reasonably believes that11
all of the following apply:12
(1) The law enforcement officer has contact with the person because the13
person requested emergency medical assistance for an individual who14
reasonably appeared to be in need of medical assistance due to alcohol15
consumption and the person did not illegally provide alcohol to the individual.16
(2) The person:17 SB NO. 422
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(a) Provided the person's full name and any other relevant information1
requested by the peace officer.2
(b) Remained at the scene with the individual who reasonably appeared3
to be in need of medical assistance due to alcohol consumption until emergency4
medical assistance arrived.5
(c) Cooperated with emergency medical assistance personnel and peace6
officers at the scene.7
B. A person who meets the criteria of Subsection A of this Section is8
immune from criminal prosecution for an offense if the offense involved a state9
of intoxication caused by the person's use of alcohol or if the offense involved10
the person being, or becoming, intoxicated as a result of the person's use of11
alcohol.12
C. A person shall not initiate or maintain an action against a peace13
officer or the employing state agency or political subdivision based on the14
officer's compliance or failure to comply with this Section.15
D. For the purposes of this Section, "peace officer" shall have the same16
meaning as defined in R.S. 14:112.1.17
§403.10. Drug-related overdoses; medical assistance; immunity from18
prosecution19
A. A person acting in good faith who seeks medical assistance for an20
individual experiencing a drug-related overdose may not be charged,21
prosecuted, or penalized for possession of a controlled dangerous substance22
under the Uniform Controlled Dangerous Substances Law if the evidence for23
possession of a controlled dangerous substance was obtained as a result of the24
person's seeking medical assistance unless the person illegally provided a25
controlled dangerous substance to the individual.26
B. A person who experiences a drug-related overdose and is in need of27
medical assistance shall not be charged, prosecuted, or penalized for possession28
of a controlled dangerous substance under the Uniform Controlled Dangerous29 SB NO. 422
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Substances Law if the evidence for possession of a controlled substance was1
obtained as a result of the overdose and the need for medical assistance.2
C. Protection in this Section from prosecution for possession offenses3
under the Uniform Controlled Dangerous Substances Law may not be grounds4
for suppression of evidence in other criminal prosecutions.5
§403.11. Administration of opiate antagonists; immunity6
A. First responders shall have the authority to administer, without7
prescription, opiate antagonists when encountering an individual exhibiting8
signs of an opiate overdose.9
B. For the purposes of this Section, a first responder shall include all of10
the following:11
(1) A law enforcement official.12
(2) An emergency medical technician.13
(3) A firefighter.14
(4) Medical personnel at secondary schools and institutions of higher15
education.16
C. Any first responder administering an opiate antagonist in a manner17
consistent with addressing opiate overdose shall not be liable for any civil18
damages as a result of any act or omission in rendering such care or services or19
as a result of any act or failure to act to provide or arrange for further medical20
treatment or care for the person involved in said emergency, unless the damage21
or injury was caused by willful or wanton misconduct or gross negligence.22
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Mary Dozier O'Brien.
DIGEST
Broome (SB 422)
Proposed law provides that a peace officer shall not take a person into custody based solely
on the commission of an offense involving alcohol described in proposed law if the peace
officer, after making a reasonable determination and considering the facts and surrounding
circumstances, reasonably believes that all of the following apply:
(1)The law enforcement officer has contact with the person because the person SB NO. 422
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
requested emergency medical assistance for an individual who reasonably appeared
to be in need of medical assistance due to alcohol consumption and the person did
not illegally provide alcohol to the individual.
(2)The person:
(a)Provided the person's full name and any other relevant information requested
by the peace officer.
(b)Remained at the scene with the individual who reasonably appeared to be in
need of medical assistance due to alcohol consumption until emergency
medical assistance arrived.
(c)Cooperated with emergency medical assistance personnel and peace officers
at the scene.
Provides that a person who meets the criteria above is immune from criminal prosecution
for an offense if the offense involved a state of intoxication caused by the person's use of
alcohol or if the offense involved the person being, or becoming, intoxicated as a result of
the person's use of alcohol.
Provides that a person shall not initiate or maintain an action against a peace officer or the
employing state agency or political subdivision based on the officer's compliance or failure
to comply with proposed law.
Provides that peace officer includes commissioned police officers, sheriffs, deputy sheriffs,
marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents,
park wardens, livestock brand inspectors, forestry officers, military police, fire marshal
investigators, probation and parole officers, attorney general investigators, and district
attorney investigators.
Proposed law provides that a person acting in good faith who seeks medical assistance for
an individual experiencing a drug-related overdose may not be charged, prosecuted, or
penalized for possession of a controlled dangerous substance under the Uniform Controlled
Dangerous Substances Law if the evidence for possession of a controlled dangerous
substance was obtained as a result of the person's seeking medical assistance.
Proposed law further provides that the person calling the emergency number for a person
who has illegally consumed alcohol or a controlled dangerous substance is immune from
criminal charges relating to the condition of the person who made the call only if the person
making the call is not the person who illegally provided the alcohol or the controlled
dangerous substance to the person in exigent circumstances.
Provides that a person who experiences a drug-related overdose and is in need of medical
assistance shall not be charged, prosecuted, or penalized for possession of a controlled
dangerous substance under the Uniform Controlled Dangerous Substances Law if the
evidence for possession of a controlled substance was obtained as a result of the overdose
and the need for medical assistance.
Provides that protection from prosecution for possession offenses under the Uniform
Controlled Dangerous Substances Law may not be grounds for suppression of evidence in
other criminal prosecutions.
Proposed law provides that first responders may administer, without prescription, opiate
antagonists when encountering an individual exhibiting signs of an opiate overdose. Provides
that a first responder includes a law enforcement official, an emergency medical technician,
a firefighter, and medical personnel at secondary schools and institutions of higher
education. SB NO. 422
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words in boldface type and underscored are additions.
Provides that any first responder administering an opiate antagonist in a manner consistent
with addressing opiate overdose shall not be liable for any civil damages as a result of any
act or omission in rendering such care or services or as a result of any act or failure to act
to provide or arrange for further medical treatment or care for the person involved in said
emergency, unless the damage or injury was caused by willful or wanton misconduct or
gross negligence.
Effective August 1, 2014.
(Adds R.S. 14:403.9, 403.10, and 403.11)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill
1. Clarifies that the person reporting to the emergency phone number is
absolved of criminal responsibility as to his own level of intoxication only
if the person did not illegally provide alcohol to the individual for whom
assistance is being sought.
2. Clarifies that the person reporting to the emergency phone number is
absolved of criminal responsibility as to his own level of intoxication only
if the person did not illegally provide a controlled dangerous substance to the
individual for whom assistance is being sought.
3. Removed discretion from peace officer's decision to take person into custody
and changes may to shall.
4. Removed discretion about person bringing action against peace officers and
changes may to shall.
5. Person who is in need of medical attention shall not be penalized if evidence
of possession of controlled dangerous substance came from response to an
emergency call.