North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S346 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 346
	3	+	S D
	4	+	SENATE BILL DRS45187-NB-67
	5	+
5	6
6	7
7	8		Short Title: Good Samaritan Law/Immunity. (Public)
8	9		Sponsors: Senators Sawrey, Lazzara, and Jones (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 20, 2025~~
11		-	~~S346 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45187 -NB-67
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO PROVIDE LIMITED IMMUNITY FOR CERTAIN ACTIONS TAKEN BY 2
14	15		PERSONS SEEKING MEDICAL ASSISTANCE FOR DRUG - AND 3
15	16		ALCOHOL-RELATED OVERDOSES AND TO BROADEN LIMITED IMMUNITY FOR 4
16	17		CERTAIN COVERED OFFENSES. 5
17	18		The General Assembly of North Carolina enacts: 6
18	19		SECTION 1.(a) G.S. 90-96.2 reads as rewritten: 7
19	20		"§ 90-96.2. Drug-related overdose treatment; limited immunity. 8
20	21		(a) As used in this section, "drug-related overdose" means an acute condition, including 9
21	22		mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use 10
22	23		of a controlled substance, or another substance with which a controlled substance was combined, 11
23	24		and that a layperson would reasonably believe to be a drug overdose that requires medical 12
24	25		assistance. 13
25	26		(b) Limited Immunity for Samaritan. – A person shall not be arrested, charged, or 14
26	27		prosecuted for any of the offenses listed in subsection (c3) of this section if all of the following 15
27	28		requirements and conditions are met: 16
28	29		(1) The person sought medical assistance or assisted in seeking medical assistance 17
29	30		for an individual experiencing a drug-related overdose by contacting the 911 18
30	31		system, campus security services, a law enforcement officer, or emergency 19
31	32		medical services personnel. 20
32	33		(2) The person acted in good faith when seeking medical assistance or when 21
33	34		assisting a person in seeking medical assistance, upon a reasonable belief that 22
34	35		he or she the person was the first to call for assistance. 23
35	36		(3) The person provided his or her own name to the 911 system or to a law 24
36	37		enforcement officer upon arrival. 25
37	38		(4) The person did not seek the medical assistance or assist in seeking the medical 26
38	39		assistance during the course of the execution of an arrest warrant, search 27
39	40		warrant, or other lawful search. 28
40	41		(5) The evidence for prosecution of the offenses listed in subsection (c3) of this 29
41	42		section was obtained as a result of the person seeking medical assistance or 30
42	43		assisting in seeking medical assistance for the drug-related overdose. 31
43	44		(c) Limited Immunity for Overdose Victim. – The immunity described in subsection (b) 32
44	45		of this section shall extend to the person who experienced the drug-related overdose overdose, 33
45	46		whether that person is the subject of another person's request for medical assistance or whether 34
46	47		that person requested medical assistance for himself or herself, if all of the requirements and 35
47		-	conditions listed in subdivisions (1), (2), (4), and (5) of subsection (b) of this section are satisfied. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 346-First Edition
	48	+	conditions listed in subdivisions (1), (2), (4), and (5) of subsection (b) of this section are satisfied. 36
	49	+	FILED SENATE
	50	+	Mar 19, 2025
	51	+	S.B. 346
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45187-NB-67
49	54		(c1) Probation or Release. – A person shall not be subject to arrest or revocation of pretrial 1
50	55		release, probation, parole, or post-release if the arrest or revocation is based on an offense for 2
51	56		which the person is immune from prosecution under subsection (b) or (c) of this section. The 3
52	57		arrest of a person for an offense for which subsection (b) or (c) of this section may provide the 4
53	58		person with immunity will not itself be deemed to be a commission of a new criminal offense in 5
54	59		violation of a condition of the person's pretrial release, condition of probation, or condition of 6
55	60		parole or post-release. 7
56	61		(c2) Civil Liability for Arrest or Charges. – In addition to any other applicable immunity 8
57	62		or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or 9
58	63		charges a person who is thereafter determined to be entitled to immunity under this section shall 10
59	64		not be subject to civil liability for the arrest or filing of charges. 11
60	65		(c3) Covered Offenses. – A person shall have limited immunity from prosecution under 12
61	66		subsections (b) and (c) of this section for only the following offenses: 13
62	67		(1) A misdemeanor violation of G.S. 90-95(a)(3). 14
63	68		(2) A felony violation of G.S. 90-95(a)(3) for possession of less than one gram of 15
64	69		any controlled substance. 16
65	70		(3) Repealed by Session Laws 2023-123, s. 3, effective December 1, 2023, and 17
66	71		applicable to offenses committed on or after that date. 18
67	72		(4) A violation of G.S. 90-113.22. 19
68	73		(d) Construction. – Nothing in this section shall be construed to do any of the following: 20
69	74		(1) Bar the admissibility of any evidence obtained in connection with the 21
70	75		investigation and prosecution of (i) other crimes committed by a person who 22
71	76		otherwise qualifies for limited immunity under this section or (ii) any crimes 23
72	77		committed by a person who does not qualify for limited immunity under this 24
73	78		section. 25
74	79		(2) Limit any seizure of evidence or contraband otherwise permitted by law. 26
75	80		(3) Limit or abridge the authority of a law enforcement officer to detain or take 27
76	81		into custody a person in the course of an investigation of, or to effectuate an 28
77	82		arrest for, any offense other than an offense listed in subsection (c3) of this 29
78	83		section. 30
79	84		(4) Limit or abridge the authority of a probation officer to conduct drug testing of 31
80	85		persons on pretrial release, probation, or parole." 32
81	86		SECTION 1.(b) G.S. 18B-302.2 reads as rewritten: 33
82	87		"§ 18B-302.2. Medical treatment; limited immunity. 34
83	88		(a) Limited Immunity for Samaritan. – Notwithstanding any other provision of law, a 35
84	89		person under the age of 21 shall not be arrested, charged, or prosecuted for a violation of 36
85	90		G.S. 18B-302 for the possession or consumption of alcoholic beverages if all of the following 37
86	91		requirements and conditions are met: 38
87	92		(1) The person sought medical assistance or assisted in seeking medical assistance 39
88	93		for an individual experiencing an alcohol-related overdose by contacting the 40
89	94		911 system, a law enforcement officer, campus security services, or 41
90	95		emergency medical services personnel. 42
91	96		(1a) The person acted in good faith when seeking medical or when assisting a 43
92	97		person in seeking medical assistance, upon a reasonable belief that he or she 44
93	98		the person was the first to call for assistance. 45
94	99		(2) The person provided his or her own name to the 911 system or to a law 46
95	100		enforcement officer upon arrival. 47
96	101		… 48
97	102		(4) The person did not seek the medical assistance or assist in seeking the medical 49
98	103		assistance during the course of the execution of an arrest warrant, search 50
99	104		warrant, or other lawful search. 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 346-First Edition~~ Page 3
	105	+	DRS45187-NB-67 Page 3
101	106		(5) The evidence for prosecution of a violation of G.S. 18B-302 for the possession 1
102	107		or consumption of alcoholic beverages was obtained as a result of the person 2
103	108		seeking medical assistance or assisting in seeking medical assistance for the 3
104	109		alcohol-related overdose. 4
105	110		(b) Limited Immunity for Overdose Victim. – The immunity described in subsection (a) 5
106	111		of this section shall extend to the person who needed medical assistance assistance, whether that 6
107	112		person is the subject of another person's request for medical assistance or whether that person 7
108	113		requested medical assistance for himself or herself, if the requirements in subdivisions (1), (1a), 8
109	114		(4), and (5) of subsection (a) are satisfied. 9
110	115		(c) Probation or Release. – A person shall not be subject to arrest or revocation of pretrial 10
111	116		release, probation, parole, or post-release if the arrest or revocation is based on an offense for 11
112	117		which the person is immune from prosecution under subsection (a) or (b) of this section. The 12
113	118		arrest of a person for an offense for which subsection (a) or (b) of this section may provide the 13
114	119		person with immunity will not itself be deemed to be a commission of a new criminal offense in 14
115	120		violation of a condition of the person's pretrial release, condition of probation, or condition of 15
116	121		parole or post-release. 16
117	122		(d) Civil Liability for Arrest or Charges. – In addition to any other applicable immunity 17
118	123		or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or 18
119	124		charges a person who is thereafter determined to be entitled to immunity under this section shall 19
120	125		not be subject to civil liability for the arrest or filing of charges." 20
121	126		SECTION 2. This act becomes effective October 1, 2025, and applies to acts or 21
122	127		omissions on or after that date. 22