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 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.
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.