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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0926 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002617 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE |
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| 16 | 16 | | PREVENTION ACT OF 2016 |
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| 17 | 17 | | Introduced By: Senator Matthew L. LaMountain |
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| 18 | 18 | | Date Introduced: March 28, 2025 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 21-28.9-4 of the General Laws in Chapter 21-28.9 entitled "The Good 1 |
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| 24 | 24 | | Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 21-28.9-4. Emergency overdose care — Immunity from legal repercussions. 3 |
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| 26 | 26 | | (a) Any person who, in good faith, without malice and in the absence of evidence of an 4 |
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| 27 | 27 | | intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or 5 |
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| 28 | 28 | | other drug- or alcohol-related medical emergency shall not be charged or prosecuted for any crime 6 |
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| 29 | 29 | | related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-7 |
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| 30 | 30 | | involved premises, if the evidence for the charge was gained as a result of the seeking of medical 8 |
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| 31 | 31 | | assistance. 9 |
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| 32 | 32 | | (b) A person who experiences a drug or alcohol overdose or other drug- or alcohol-related 10 |
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| 33 | 33 | | medical emergency and is in need of medical assistance shall not be charged or prosecuted for any 11 |
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| 34 | 34 | | crime related to the possession of a controlled substance or drug paraphernalia, possession or 12 |
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| 35 | 35 | | transportation of alcohol by an underage person, or the operation of a drug-involved premises, if 13 |
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| 36 | 36 | | the evidence for the charge was gained as a result of the overdose and the need for medical 14 |
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| 37 | 37 | | assistance. 15 |
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| 38 | 38 | | (c) The act of providing first aid or other medical assistance to someone who is 16 |
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| 39 | 39 | | experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may 17 |
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| 40 | 40 | | be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act. 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002617 - Page 2 of 3 |
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| 44 | 44 | | (d) The immunity related to the possession of a controlled substance or drug paraphernalia, 1 |
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| 45 | 45 | | possession or transportation of alcohol by an underage person, or the operation of a drug-involved 2 |
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| 46 | 46 | | premises afforded under this section shall also extend to a violation of bail, probation and/or parole 3 |
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| 47 | 47 | | on those grounds. 4 |
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| 48 | 48 | | SECTION 2. This act shall take effect upon passage. 5 |
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| 49 | 49 | | ======== |
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| 50 | 50 | | LC002617 |
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| 51 | 51 | | ======== |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | LC002617 - Page 3 of 3 |
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| 55 | 55 | | EXPLANATION |
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| 56 | 56 | | BY THE LEGISLATIVE COUNCIL |
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| 57 | 57 | | OF |
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| 58 | 58 | | A N A C T |
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| 59 | 59 | | RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE |
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| 60 | 60 | | PREVENTION ACT OF 2016 |
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| 61 | 61 | | *** |
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| 62 | 62 | | This act would extend the immunity from alcohol- or drug-related offenses in cases of 1 |
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| 63 | 63 | | emergency overdose care to violations of bail conditions. 2 |
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| 64 | 64 | | This act would take effect upon passage. 3 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | LC002617 |
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| 67 | 67 | | ======== |
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| 68 | 68 | | |
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