| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 2469 FILED ON: 1/19/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1743 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | John H. Rogers |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act relative to police use of epinephrine autoinjectors. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:John H. Rogers12th Norfolk1/19/2023 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 2469 FILED ON: 1/19/2023 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1743 |
|---|
| 18 | 18 | | By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1743) of |
|---|
| 19 | 19 | | John H. Rogers relative to police use of epinephrine autoinjectors. The Judiciary. |
|---|
| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 21 | 21 | | SEE HOUSE, NO. 1857 OF 2021-2022.] |
|---|
| 22 | 22 | | The Commonwealth of Massachusetts |
|---|
| 23 | 23 | | _______________ |
|---|
| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
|---|
| 25 | 25 | | (2023-2024) |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | An Act relative to police use of epinephrine autoinjectors. |
|---|
| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 29 | 29 | | of the same, as follows: |
|---|
| 30 | 30 | | 1 Chapter 94C of the General Laws is hereby amended by inserting, after section 34A, the |
|---|
| 31 | 31 | | 2following section:- |
|---|
| 32 | 32 | | 3 Section 34B. (a) A police officer who, in good faith, seeks medical assistance for |
|---|
| 33 | 33 | | 4someone experiencing an anaphylactic reaction shall not be charged or prosecuted for possession |
|---|
| 34 | 34 | | 5of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a |
|---|
| 35 | 35 | | 6controlled substance was gained as a result of the seeking of medical assistance. |
|---|
| 36 | 36 | | 7 (b) A person who experiences an anaphylactic reaction and is in need of medical |
|---|
| 37 | 37 | | 8assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith |
|---|
| 38 | 38 | | 9request for medical assistance, shall not be charged or prosecuted for possession of a controlled 2 of 2 |
|---|
| 39 | 39 | | 10substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled |
|---|
| 40 | 40 | | 11substance was gained as a result of the anaphylactic reaction and the need for medical assistance. |
|---|
| 41 | 41 | | 12 (c) The act of seeking medical assistance for someone who is experiencing an |
|---|
| 42 | 42 | | 13anaphylactic reaction may be used as a mitigating factor in a criminal prosecution under the |
|---|
| 43 | 43 | | 14Controlled Substance Act,1970 P.L. 91–513, 21 U.S.C. section 801, et seq. |
|---|
| 44 | 44 | | 15 (d) Nothing contained in this section shall prevent anyone from being charged with |
|---|
| 45 | 45 | | 16trafficking, distribution or possession of a controlled substance with intent to distribute. |
|---|
| 46 | 46 | | 17 (e) A police officer acting in good faith may receive an epinephrine autoinjector, possess |
|---|
| 47 | 47 | | 18an epinephrine autoinjector and administer an epinephrine autoinjector to an individual |
|---|
| 48 | 48 | | 19appearing to experience an anaphylactic reaction, and provided further that no police office shall |
|---|
| 49 | 49 | | 20be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining, |
|---|
| 50 | 50 | | 21or attempting to provide or obtain, such assistance unless such acts or omissions constitute |
|---|
| 51 | 51 | | 22willful, wanton or reckless conduct. |
|---|