Maryland 2023 Regular Session

Maryland House Bill HB427

Introduced
1/30/23  
Refer
1/30/23  
Report Pass
3/15/23  
Engrossed
3/16/23  
Refer
3/16/23  
Report Pass
4/5/23  
Enrolled
4/6/23  
Chaptered
5/16/23  

Caption

Criminal Procedure - Medical Emergency - Immunity

Impact

The enactment of HB 427 is expected to significantly alter the landscape of criminal procedure in Maryland. By providing immunity from arrest, charge, or prosecution for those who seek or provide medical assistance during a medical emergency, the bill aims to foster a more supportive environment for individuals in dire situations. This should lead to increased instances of individuals calling for help without hesitation, potentially saving lives. The immunity applies to specific criminal charges and protects individuals from penalties related to violations that may arise in the context of seeking medical aid.

Summary

House Bill 427, also known as the Criminal Procedure - Medical Emergency - Immunity Act, aims to enhance the legal protections for individuals who seek or provide medical assistance in cases of drug or alcohol-related medical emergencies. The bill establishes that individuals experiencing a medical emergency after the consumption of alcohol or drugs may use seeking medical help as a mitigating factor in any criminal prosecution. This initiative is designed to encourage timely medical responses in emergencies without the fear of legal repercussions for those involved.

Sentiment

The sentiment surrounding HB 427 has been generally positive. Advocates for the bill, including medical professionals and public health advocates, view it as a critical step toward reducing the stigma associated with drug and alcohol use in emergency situations. The proposal has gained bipartisan support in the legislature, suggesting a shared understanding of the importance of prioritizing health over punitive measures. However, some concerns were raised, particularly around how broadly the immunity might be applied and the potential for unintended consequences in its implementation.

Contention

While the bill has received widespread support, some points of contention exist regarding the definition of a 'medical emergency' and the exact circumstances under which immunity applies. Critics are mindful of the implications this may have on law enforcement practices, fearing it could lead to misuse or overextension of protections granted by the bill. Moreover, there are discussions around ensuring that the legislation does not inadvertently protect individuals engaging in reckless behavior. Overall, while the intention behind the bill is to save lives, careful implementation and monitoring will be crucial to its success.

Companion Bills

MD SB546

Crossfiled Criminal Procedure - Medical Emergency - Immunity

MD HB190

Carry Over Criminal Procedure - Medical Emergency - Immunity

Previously Filed As

MD SB546

Criminal Procedure - Medical Emergency - Immunity

MD HB190

Criminal Procedure - Medical Emergency - Immunity

MD HB1215

Criminal Procedure - Alcohol and Drug Offenses - Immunities - Limitations

MD HB1587

Criminal Immunity; provide for those who report sex offenses.

MD HB2110

Public health and safety; emergency medical assistance; immunity; effective date.

MD HB2110

Public health and safety; emergency medical assistance; immunity; effective date.

MD SB0324

Criminal procedures.

MD SB422

Provides immunity for rendering assistance in medical emergencies involving alcohol consumption or drug overdose. (8/1/14)

MD SB0418

Emergency medical assistance.

MD HB2473

Relating to criminal procedures; and declaring an emergency.

Similar Bills

No similar bills found.