2025 -- S 0926
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LC002617
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE
PREVENTION ACT OF 2016
Introduced By: Senator Matthew L. LaMountain
Date Introduced: March 28, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 21-28.9-4 of the General Laws in Chapter 21-28.9 entitled "The Good 1
Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows: 2
21-28.9-4. Emergency overdose care — Immunity from legal repercussions. 3
(a) Any person who, in good faith, without malice and in the absence of evidence of an 4
intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or 5
other drug- or alcohol-related medical emergency shall not be charged or prosecuted for any crime 6
related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-7
involved premises, if the evidence for the charge was gained as a result of the seeking of medical 8
assistance. 9
(b) A person who experiences a drug or alcohol overdose or other drug- or alcohol-related 10
medical emergency and is in need of medical assistance shall not be charged or prosecuted for any 11
crime related to the possession of a controlled substance or drug paraphernalia, possession or 12
transportation of alcohol by an underage person, or the operation of a drug-involved premises, if 13
the evidence for the charge was gained as a result of the overdose and the need for medical 14
assistance. 15
(c) The act of providing first aid or other medical assistance to someone who is 16
experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may 17
be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act. 18
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(d) The immunity related to the possession of a controlled substance or drug paraphernalia, 1
possession or transportation of alcohol by an underage person, or the operation of a drug-involved 2
premises afforded under this section shall also extend to a violation of bail, probation and/or parole 3
on those grounds. 4
SECTION 2. This act shall take effect upon passage. 5
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LC002617 - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE
PREVENTION ACT OF 2016
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This act would extend the immunity from alcohol- or drug-related offenses in cases of 1
emergency overdose care to violations of bail conditions. 2
This act would take effect upon passage. 3
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