RDCSB422 427 4220
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broome SB No. 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.
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, unless the
person illegally provided or administered the controlled dangerous substance.
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. RDCSB422 427 4220
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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 the
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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the reengrossed bill.
1. Amended good faith exception to exclude persons who illegally provided or
administered the controlled dangerous substance to the individual.